PART 2 UNDERSTANDING AND APPLYING THE RULES

When the Rules apply

2.1.—(1) In general, the Criminal Procedure Rules apply―

(a) in all criminal cases in magistrates’ courts and in the Crown Court; and

(b) in all cases in the criminal division of the Court of Appeal.

(2) If a rule applies only in one or two of those courts, the rule makes that clear.

(3) The Rules apply on and after 7^th October, 2013, but unless the court otherwise directs they do not affect a right or duty existing under The Criminal Procedure Rules 2012(1).

(4) In a case in which a request for extradition was received by a relevant authority in the United Kingdom on or before 31^st December, 2003―

(a) the rules in Part 17 (Extradition) do not apply; and

(b) the rules in Part 17 of The Criminal Procedure Rules 2012 continue to apply as if those rules had not been revoked.

[Note. The rules replaced by the first Criminal Procedure Rules (The Criminal Procedure Rules 2005(2)) were revoked when those Rules came into force by provisions of the Courts Act 2003, The Courts Act 2003 (Consequential Amendments) Order 2004(3) and The Courts Act 2003 (Commencement No. 6 and Savings) Order 2004(4). The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.

The rules in Part 17 of The Criminal Procedure Rules 2012 applied to extradition proceedings under the Backing of Warrants (Republic of Ireland) Act 1965(5) or under the Extradition Act 1989(6). By section 218 of the Extradition Act 2003(7), the 1965 and 1989 Acts ceased to have effect when the 2003 Act came into force. By article 2 of the Extradition Act 2003 (Commencement and Savings) Order 2003(8), the 2003 Act came into force on 1^st January, 2004. However, article 3 of that Order(9) provided that the coming into force of the Act did not apply for the purposes of any request for extradition, whether made under any of the provisions of the Extradition Act 1989 or of the Backing of Warrants (Republic of Ireland) Act 1965 or otherwise, which was received by the relevant authority in the United Kingdom on or before 31^st December, 2003.]

(1)

S.I. 2012/1726; amended by S.I. 2012/3089.

(2)

S.I. 2005/384; amended by S.I. 2006/353, 2006/2636, 2007/699, 2007/2317, 2007/3662, 2008/2076, 2008/3269 and 2009/2087.

(3)

S.I. 2004/2035.

(4)

S.I. 2004/2066.

(5)

1965 c. 45; the Act was repealed by section 218(a) of, and Schedule 4 to, the Extradition Act 2003 (c. 41).

(6)

1989 c. 33; the Act was repealed by section 218(b) of, and Schedule 4 to, the Extradition Act 2003 (c. 41) with savings and territorial exceptions.

(7)

2003 c. 41.

(8)

S.I. 2003/3103.

(9)

S.I. 2003/3103; article 3 was substituted by article 2 of S.I. 2003/3312.