The Criminal Procedure (Amendment No. 3) Rules 2017

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Criminal Procedure Rules 2015, S.I. 2015/1490, as follows:

Rule	Amendment
Part 3	Rule 3.13 is amended to require the Crown Court at the plea and trial preparation hearing to ensure that explanations have been given to the defendant about credit for a guilty plea and about the potential consequences of failing to attend the trial. A new note is added to rule 3.21 to draw attention to the potential consequences of trying together offences that should be tried separately.
Part 4	Rule 4.11 is amended to allow service of documents in extradition appeal proceedings by electronic means (for example, by email) to have effect on the same business day if they are sent at a later time than in other criminal proceedings (by 4.30pm instead of by 2.30pm).
Part 18	Rules 18.24 and 18.25, which provide the procedure on applications for witnesses to attend court by live video link in some circumstances, are amended to provide for European investigation orders under the Criminal Justice (European Investigation Order) Regulations 2017.
Part 33	Rule 33.24 is amended to allow for the new scope of applications under section 67 of the Proceeds of Crime Act 2002 (Seized money). That section is amended by the Criminal Finances Act 2017 to allow money seized by investigators to be applied towards payment of a confiscation order.
Part 47	Rule 47.1 is amended in consequence of the addition of seven new rules, 47.59 to 47.65. Rules 47.4, 47.9, 47.11, 47.12, 47.14, 47.16, 47.17, 47.18, 47.20, 47.22 and 47.32 are amended in consequence of amendments made by the Criminal Finances Act 2017 to the Acts to which those rules refer. Rule 47.13 is amended to provide for applications to the Crown Court under new Schedule 5A to the Terrorism Act 2000. Rules 47.59, 47.60 and 47.61 are added to provide for applications to magistrates’ courts and the Crown Court for European investigation orders under the Criminal Justice (European Investigation Order) Regulations 2017. Rules 47.62, 47.63, 47.64 and 47.65 are added to provide for applications to the Crown Court under new section 336A of the Proceeds of Crime Act 2002 (Power of court to extend the moratorium period; the section applies where consent is required for doing an act that, without consent, would be a money laundering offence).
Part 49	Rules 49.14, 49.15, 49.16 and 49.17 are added to provide for the procedure where a magistrates’ court or the Crown Court is nominated to give effect to a European investigation order under the Criminal Justice (European Investigation Order) Regulations 2017.

Amendments to cross-references. The following rules, and notes to rules (‘n’), of the Criminal Procedure Rules are amended to correct cross-references that they contain: 3.24, 12.1(n), 24.1(n), 47.43, 47.44, 47.45, 47.52, 47.53, 47.57, 48.5 and 48.9.

The amendments to Parts 18, 47 and 49 that provide for European investigation orders come into force on 31st July 2017 and the other changes made by these Rules come into force on 2nd October 2017.