Search Legislation

Advanced Search

The Criminal Procedure Rules 2020

Changes to legislation:

The Criminal Procedure Rules 2020 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

  1. Introductory Text

  2. PART 1 THE OVERRIDING OBJECTIVE

    1. 1.1.The overriding objective

    2. 1.2.The duty of the participants in a criminal case

    3. 1.3.The application by the court of the overriding objective

  3. PART 2 UNDERSTANDING AND APPLYING THE RULES; POWERS AND DUTIES OF COURT OFFICERS AND JUSTICES’ LEGAL ADVISERS

    1. UNDERSTANDING AND APPLYING THE RULES

      1. 2.1.When the Rules apply

      2. 2.2.Definitions

      3. 2.3.References to legislation, including these Rules

    2. POWERS OF AUTHORISED COURT OFFICERS

      1. 2.4.Exercise of court’s functions by authorised court officers: general rules

      2. 2.5.Exercise of functions of the Court of Appeal

      3. 2.6.Exercise of functions of the High Court

      4. 2.7.Exercise of functions of the Crown Court

      5. 2.8.Exercise of functions of a magistrates’ court

      6. 2.9.Exercise of functions of a District Judge (Magistrates’ Courts) in extradition cases

      7. 2.10.Court’s power to extend time under rule 2.6 or rule 2.7

    3. POWERS OF COURT OFFICERS TO TAKE STATUTORY DECLARATIONS

      1. 2.11.Taking of statutory declarations by court officers

    4. JUSTICES’ LEGAL ADVISERS

      1. 2.12.Duties of justices’ legal adviser

  4. PART 3 CASE MANAGEMENT

    1. GENERAL RULES

      1. 3.1.When this Part applies

      2. 3.2.The duty of the court

      3. 3.3.The duty of the parties

      4. 3.4.Case progression officers and their duties

      5. 3.5.The court’s case management powers

      6. 3.6.Application to vary a direction

      7. 3.7.Agreement to vary a time limit fixed by a direction

      8. 3.8.Case preparation and progression

      9. 3.9.Ground rules hearing

      10. 3.10.Directions for commissioning medical reports, other than for sentencing purposes

      11. 3.11.Hearing to inform the court of sensitive material

      12. 3.12.Readiness for trial or appeal

      13. 3.13.Conduct of a trial or an appeal

      14. 3.14.Duty of court officer

      15. 3.15.Court’s power to vary requirements under this Part

    2. PREPARATION FOR TRIAL IN A MAGISTRATES’ COURT

      1. 3.16.Pre-trial hearings in a magistrates’ court: general rules

      2. 3.17.Place of magistrates’ court trial

      3. 3.18.Use of Welsh language at magistrates’ court trial

    3. PREPARATION FOR TRIAL IN THE CROWN COURT

      1. 3.19.Service of prosecution evidence

      2. 3.20.Application to dismiss offence sent for Crown Court trial

      3. 3.21.Pre-trial hearings in the Crown Court: general rules

      4. 3.22.Preparatory hearing

      5. 3.23.Application for preparatory hearing

      6. 3.24.Application for non-jury trial containing information withheld from a defendant

      7. 3.25.Representations in response to application for preparatory hearing

      8. 3.26.Commencement of preparatory hearing

      9. 3.27.Defence trial advocate

      10. 3.28.Application to stay case for abuse of process

      11. 3.29.Application for joint or separate trials, etc.

      12. 3.30.Order for joint or separate trials, or amendment of the indictment

      13. 3.31.Application for indication of sentence

      14. 3.32.Arraigning the defendant

      15. 3.33.Place of Crown Court trial

      16. 3.34.Use of Welsh language at Crown Court trial

    4. LIVE LINKS

      1. 3.35.Live link direction: exercise of court’s powers

      2. 3.36.Content of application for a live link direction

      3. 3.37.Application to vary or rescind a live link direction

      4. 3.38.Application containing information withheld from another party

      5. 3.39.Representations in response

  5. PART 4 SERVICE OF DOCUMENTS

    1. 4.1.When this Part applies

    2. 4.2.Methods of service

    3. 4.3.Service by handing over a document

    4. 4.4.Service by leaving or posting a document

    5. 4.5.Service by document exchange

    6. 4.6.Service by electronic means

    7. 4.7.Documents that must be served by specified methods

    8. 4.8.Service by person in custody

    9. 4.9.Service by another method

    10. 4.10.Documents that may not be served on a legal representative

    11. 4.11.Date of service

    12. 4.12.Proof of service

    13. 4.13.Court’s power to give directions about service

  6. PART 5 FORMS AND COURT RECORDS

    2. FORMS

      1. 5.1.Applications, etc. by forms or electronic means

      2. 5.2.Forms in Welsh

      3. 5.3.Signature of forms

    3. COURT RECORDS

      1. 5.4.Duty to make records

      2. 5.5.Recording and transcription of proceedings in the Crown Court

      3. 5.6.Custody of case materials

    4. ACCESS TO INFORMATION IN COURT RECORDS

      1. 5.7.The open justice principle

      2. 5.8.Request for information about a case

      3. 5.9.Request for information by a party or person directly affected by a case

      4. 5.10.Request for information determined by the court

      5. 5.11.Publication of information about court hearings, etc.

      6. 5.12.Request for certificate, extract or information under other legislation

  7. PART 6 REPORTING, ETC. RESTRICTIONS

    1. GENERAL RULES

      1. 6.1.When this Part applies

      2. 6.2.Exercise of court’s powers to which this Part applies

      3. 6.3.Court’s power to vary requirements under this Part

    2. REPORTING AND ACCESS RESTRICTIONS

      1. 6.4.Reporting and access restrictions

      2. 6.5.Varying or removing restrictions

      3. 6.6.Trial in private

      4. 6.7.Representations in response

      5. 6.8.Order about restriction or trial in private

    3. SOUND RECORDING AND ELECTRONIC COMMUNICATION

      1. 6.9.Sound recording and electronic communication

      2. 6.10.Forfeiture of unauthorised sound recording

  8. PART 7 STARTING A PROSECUTION IN A MAGISTRATES’ COURT

    1. 7.1.When this Part applies

    2. 7.2.Application for summons, etc.

    3. 7.3.Allegation of offence

    4. 7.4.Summons, warrant and requisition

    5. 7.5.Notice of defendant in custody

    6. 7.6.Arrangements for court to receive defendant in custody

  9. PART 8 INITIAL DETAILS OF THE PROSECUTION CASE

    1. 8.1.When this Part applies

    2. 8.2.Providing initial details of the prosecution case

    3. 8.3.Content of initial details

    4. 8.4.Use of initial details

  10. PART 9 ALLOCATION AND SENDING FOR TRIAL

    1. GENERAL RULES

      1. 9.1.When this Part applies

      2. 9.2.Exercise of magistrates’ court’s powers

      3. 9.3.Matters to be specified on sending for trial

      4. 9.4.Duty of justices’ legal adviser

      5. 9.5.Duty of magistrates’ court officer

    2. SENDING WITHOUT ALLOCATION FOR CROWN COURT TRIAL

      1. 9.6.Prosecutor’s notice requiring Crown Court trial

      2. 9.7.Sending for Crown Court trial

    3. ALLOCATION FOR MAGISTRATES’ COURT OR CROWN COURT TRIAL

      1. 9.8.Adult defendant: request for plea

      2. 9.9.Adult defendant: guilty plea

      3. 9.10.Adult defendant: not guilty plea

      4. 9.11.Adult defendant: allocation for magistrates’ court trial

      5. 9.12.Adult defendant: prosecutor’s application for Crown Court trial

      6. 9.13.Young defendant

      7. 9.14.Allocation and sending for Crown Court trial

    4. COMMITTAL FOR SENTENCE IN CONNECTION WITH SENDING FOR TRIAL

      1. 9.15.Committal for sentence for offence related to an offence sent for trial

    5. SENDING BACK, ETC. FOR MAGISTRATES’ COURT TRIAL

      1. 9.16.Sending back or referring case for magistrates’ court trial

  11. PART 10 THE INDICTMENT

    1. 10.1.When this Part applies

    2. 10.2.The indictment: general rules

    3. 10.3.Draft indictment generated electronically on sending for trial

    4. 10.4.Draft indictment served by the prosecutor after sending for trial

    5. 10.5.Draft indictment served by the prosecutor with a High Court judge’s permission

    6. 10.6.Draft indictment approved with deferred prosecution agreement

    7. 10.7.Draft indictment served by the prosecutor on re-instituting proceedings

    8. 10.8.Draft indictment served by the prosecutor at the direction of the Court of Appeal

    9. 10.9.Application to a High Court judge for permission to serve a draft indictment

  12. PART 11 DEFERRED PROSECUTION AGREEMENTS

    1. 11.1.When this Part applies

    2. 11.2.Exercise of court’s powers

    3. 11.3.Application to approve a proposal to enter an agreement

    4. 11.4.Application to approve the terms of an agreement

    5. 11.5.Application on breach of agreement

    6. 11.6.Application to approve a variation of the terms of an agreement

    7. 11.7.Application to lift suspension of prosecution

    8. 11.8.Notice to discontinue prosecution

    9. 11.9.Application to postpone the publication of information by the prosecutor

    10. 11.10.Duty of court officer, etc.

    11. 11.11.Court’s power to vary requirements under this Part

  13. PART 12 DISCONTINUING A PROSECUTION

    1. 12.1.When this Part applies

    2. 12.2.Discontinuing a case

    3. 12.3.Defendant’s notice to continue

  14. PART 13 WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT

    1. [Note. Part 30 contains rules about warrants to take goods...

    2. 13.1.When this Part applies

    3. 13.2.Terms of a warrant for arrest

    4. 13.3.Terms of a warrant for detention or imprisonment

    5. 13.4.Information to be included in a warrant

    6. 13.5.Execution of a warrant

    7. 13.6.Warrants that cease to have effect on payment

    8. 13.7.Warrant issued when the court office is closed

  15. PART 14 BAIL AND CUSTODY TIME LIMITS

    1. GENERAL RULES

      1. 14.1.When this Part applies

      2. 14.2.Exercise of court’s powers: general

      3. 14.3.Duty of justices’ legal adviser

      4. 14.4.General duties of court officer

    2. BAIL

      1. 14.5.Prosecutor’s representations about bail

      2. 14.6.Reconsideration of police bail by magistrates’ court

      3. 14.7.Notice of application to consider bail

      4. 14.8.Defendant’s application or appeal to the Crown Court after magistrates’ court bail decision

      5. 14.9.Prosecutor’s appeal against grant of bail

      6. 14.10.Consideration of bail in a murder case

      7. 14.11.Condition of residence

      8. 14.12.Electronic monitoring requirements

      9. 14.13.Accommodation or support requirements

      10. 14.14.Requirement for a surety or payment, etc.

      11. 14.15.Forfeiture of a recognizance given by a surety

      12. 14.16.Notice of arrest for breach of bail

      13. 14.17.Arrangements for court to receive defendant arrested for breach of bail

    3. EXTENSION OF BAIL BEFORE CHARGE

      1. 14.18.Exercise of court’s powers: extension of pre-charge bail

      2. 14.19.Application to authorise extension of pre-charge bail

      3. 14.20.Application to withhold information from the defendant

    4. CUSTODY TIME LIMITS

      1. 14.21.Application to authorise extension of pre-charge bail

      2. 14.22.Appeal against custody time limit decision

  16. PART 15 DISCLOSURE

    1. 15.1.When this Part applies

    2. 15.2.Prosecution disclosure

    3. 15.3.Prosecutor’s application for public interest ruling

    4. 15.4.Defence disclosure

    5. 15.5.Defendant’s application for prosecution disclosure

    6. 15.6.Review of public interest ruling

    7. 15.7.Defendant’s application to use disclosed material

    8. 15.8.Unauthorised use of disclosed material

    9. 15.9.Court’s power to vary requirements under this Part

  17. PART 16 WRITTEN WITNESS STATEMENTS

    1. 16.1.When this Part applies

    2. 16.2.Content of written witness statement

    3. 16.3.Reference to exhibit

    4. 16.4.Written witness statement in evidence

  18. PART 17 WITNESS SUMMONSES, WARRANTS AND ORDERS

    1. 17.1.When this Part applies

    2. 17.2.Issue etc. of summons, warrant or order with or without a hearing

    3. 17.3.Application for summons, warrant or order: general rules

    4. 17.4.Written application: form and service

    5. 17.5.Application for summons to produce a document, etc.: special rules

    6. 17.6.Application for summons to produce a document, etc.: court’s assessment of relevance and confidentiality

    7. 17.7.Application to withdraw a summons, warrant or order

    8. 17.8.Court’s power to vary requirements under this Part

  19. PART 18 Measures to help a witness or defendant to give evidence or otherwise participate

    1. GENERAL RULES

      1. 18.1.When this Part applies

      2. 18.2.Meaning of ‘witness’ and ‘live link’

      3. 18.3.Meaning of ‘intermediary’ and ‘intermediary’s report’

      4. 18.4.Making an application for a direction or order

      5. 18.5.Decisions and reasons

      6. 18.6.Court’s power to vary requirements under this Part

      7. 18.7.Custody of documents

    2. SPECIAL MEASURES DIRECTIONS

      1. 18.8.Exercise of court’s powers

      2. 18.9.Special measures direction without application

      3. 18.10.Content of application for a special measures direction

      4. 18.11.Application to vary or discharge a special measures direction

      5. 18.12.Application containing information withheld from another party

      6. 18.13.Representations in response

    3. DEFENDANT’S EVIDENCE DIRECTIONS

      1. 18.14.Exercise of court’s powers

      2. 18.15.Content of application for a defendant’s evidence direction

      3. 18.16.Application to vary or discharge a defendant’s evidence direction

      4. 18.17.Representations in response

    4. WITNESS ANONYMITY ORDERS

      1. 18.18.Exercise of court’s powers

      2. 18.19.Content and conduct of application for a witness anonymity order

      3. 18.20.Duty of court officer to notify the Director of Public Prosecutions

      4. 18.21.Application to vary or discharge a witness anonymity order

      5. 18.22.Representations in response

    5. ...

      1. ...

    6. INTERMEDIARY FOR A DEFENDANT

      1. 18.23.Appointment of intermediary to facilitate a defendant’s participation

      2. 18.24.Application to vary or discharge the appointment of an intermediary for a defendant

      3. 18.25.Representations in response to application or proposal

    7. DUTIES OF INTERMEDIARIES

      1. 18.26.Intermediary’s duty to the court

      2. 18.27.Declaration by intermediary

      3. 18.28.Content of intermediary’s report

      4. 18.29.Representations in response to application or proposal

      5. 18.30.Intermediary’s duty to the court

      6. 18.31.Declaration by intermediary

      7. 18.32.Content of intermediary’s report

  20. PART 19 EXPERT EVIDENCE

    1. 19.1.When this Part applies

    2. 19.2.Expert’s duty to the court

    3. 19.3.Introduction of expert evidence

    4. 19.4.Content of expert’s report

    5. 19.5.Expert to be informed of service of report

    6. 19.6.Pre-hearing discussion of expert evidence

    7. 19.7.Court’s power to direct that evidence is to be given by a single joint expert

    8. 19.8.Instructions to a single joint expert

    9. 19.9.Application to withhold information from another party

    10. 19.10.Court’s power to vary requirements under this Part

  21. PART 20 HEARSAY EVIDENCE

    1. 20.1.When this Part applies

    2. 20.2.Notice to introduce hearsay evidence

    3. 20.3.Opposing the introduction of hearsay evidence

    4. 20.4.Unopposed hearsay evidence

    5. 20.5.Court’s power to vary requirements under this Part

  22. PART 21 EVIDENCE OF BAD CHARACTER

    1. 21.1.When this Part applies

    2. 21.2.Content of application or notice

    3. 21.3.Application to introduce evidence of a non-defendant’s bad character

    4. 21.4.Notice to introduce evidence of a defendant’s bad character

    5. 21.5.Reasons for decisions

    6. 21.6.Court’s power to vary requirements under this Part

  23. PART 22 EVIDENCE OF A COMPLAINANT’S PREVIOUS SEXUAL BEHAVIOUR

    1. 22.1.When this Part applies

    2. 22.2.Exercise of court’s powers

    3. 22.3.Decisions and reasons

    4. 22.4.Application for permission to introduce evidence or cross-examine

    5. 22.5.Application containing information withheld from another party

    6. 22.6.Representations in response

    7. 22.7.Special measures, etc. for a witness

    8. 22.8.Court’s power to vary requirements under this Part

  24. PART 23 RESTRICTION ON CROSS-EXAMINATION BY A DEFENDANT

    1. GENERAL RULES

      1. 23.1.When this Part applies

      2. 23.2.Appointment of advocate to cross-examine witness

    2. APPLICATION TO PROHIBIT CROSS-EXAMINATION

      1. 23.3.Exercise of court’s powers

      2. 23.4.Application to prohibit cross-examination

      3. 23.5.Application to discharge prohibition imposed by the court

      4. 23.6.Application containing information withheld from another party

      5. 23.7.Representations in response

      6. 23.8.Court’s power to vary requirements

  25. PART 24 TRIAL AND SENTENCE IN A MAGISTRATES’ COURT

    1. [Note. Part 3 contains rules about case management that apply...

    2. 24.1.When this Part applies

    3. 24.2.General rules

    4. 24.3.Procedure on plea of not guilty

    5. 24.4.Evidence of a witness in person

    6. 24.5.Evidence of a witness in writing

    7. 24.6.Evidence by admission

    8. 24.7.Procedure on plea of guilty

    9. 24.8.Written guilty plea: special rules

    10. 24.9.Single justice procedure: special rules

    11. 24.10.Application to withdraw a guilty plea

    12. 24.11.Procedure if the court convicts

    13. 24.12.Procedure where a party is absent

    14. 24.13.Provision of documents for the court

    15. 24.14.Duty of justices’ legal adviser

    16. 24.15.Duty of court officer and custodian

  26. PART 25 TRIAL AND SENTENCE IN THE CROWN COURT

    1. [Note. Part 3 contains rules about case management that apply...

    2. 25.1.When this Part applies

    3. 25.2.General powers and requirements

    4. 25.3.Application for ruling on procedure, evidence or other question of law

    5. 25.4.Procedure on plea of guilty

    6. 25.5.Application to vacate a guilty plea

    7. 25.6.Selecting the jury

    8. 25.7.Discharging jurors

    9. 25.8.Objecting to jurors

    10. 25.9.Procedure on plea of not guilty

    11. 25.10.Defendant unfit to plead

    12. 25.11.Evidence of a witness in person

    13. 25.12.Evidence of a witness in writing

    14. 25.13.Evidence by admission

    15. 25.14.Directions to the jury and taking the verdict

    16. 25.15.Conviction or acquittal without a jury

    17. 25.16.Procedure if the court convicts

    18. 25.17.Provision of documents for the court

    19. 25.18.Duty of court officer and custodian

  27. PART 26 JURORS

    1. 26.1.Appeal against officer’s refusal to excuse or postpone jury service

    2. 26.2.Excusal from jury service by court

    3. 26.3.Provision of information for jurors

    4. 26.4.Assessment of juror’s availability for long trial, etc.

    5. 26.5.Surrender of electronic communication devices by jurors

    6. 26.6.Interpretation for a deaf juror

  28. PART 27 RETRIAL AFTER ACQUITTAL

    1. GENERAL

      1. 27.1.When this Part applies

    2. APPLICATION FOR CERTIFICATE TO ALLOW ORDER FOR RETRIAL

      1. 27.2.Application for certificate

    3. APPLICATION TO COURT OF APPEAL TO QUASH ACQUITTAL AND ORDER RETRIAL

      1. 27.3.Application for reporting restriction pending application for order for retrial

      2. 27.4.Application for order for retrial

      3. 27.5.Respondent’s notice

      4. 27.6.Application to Crown Court for summons or warrant

      5. 27.7.Application of other rules about procedure in the Court of Appeal

  29. PART 28 Sentencing procedures in special cases and on committal for sentence, etc.

    1. [Note. See also— (a) Part 24, which contains rules about...

    2. 28.1.Reasons for not following usual sentencing requirements

    3. 28.2.Notice of requirements of suspended sentence and community, etc. orders

    4. 28.3.Notification requirements

    5. 28.4.Variation of sentence

    6. 28.5.Application to vary or discharge a compensation, etc. order

    7. 28.6.Application to remove, revoke or suspend a disqualification or restriction

    8. 28.7.Application for a restitution order by the victim of a theft

    9. 28.8.Directions for commissioning medical reports for sentencing purposes

    10. 28.9.Information to be supplied on committal to custody or admission to hospital or guardianship

    11. 28.10.Committal or remission, etc. for sentence

    12. 28.11.Application to review sentence because of assistance given or withheld

    13. 28.12.Sentencing, etc. after committal to the Crown Court

  30. PART 29 ROAD TRAFFIC PENALTIES

    1. [Note. Part 24 contains rules about the general procedure on...

    2. 29.1.Representations about obligatory disqualification or endorsement

    3. 29.2.Application to remove a disqualification from driving

    4. 29.3.Information to be supplied on order for endorsement of driving record, etc.

    5. 29.4.Statutory declaration to avoid fine after fixed penalty notice

    6. 29.5.Application for declaration about a course or programme certificate decision

    7. 29.6.Appeal against recognition of foreign driving disqualification

  31. PART 30 ENFORCEMENT OF FINES AND OTHER ORDERS FOR PAYMENT

    1. [Note. Part 13 contains rules about warrants for arrest, detention...

    2. Part 24 contains rules about the procedure on sentencing in...

    3. Part 28 contains rules about the exercise of a magistrates’...

    4. 30.1.When this Part applies

    5. 30.2.Exercise of court’s powers; duty of justices’ legal adviser

    6. 30.3.Duty to give receipt

    7. 30.4.Appeal against decision of fines officer

    8. 30.5.Application to reduce a fine, vary payment terms or remit a courts charge

    9. 30.6.Claim to avoid fine after penalty notice

    10. 30.7.Information to be included in a warrant of control

    11. 30.8.Warrant of control: application by enforcement agent for extension of time, etc.

    12. 30.9.Warrant of control: application to resolve dispute

    13. 30.10.Financial penalties imposed in other European Union member States

  32. PART 31 BEHAVIOUR ORDERS

    1. [Note. See Part 3 for the court’s general powers to...

    2. 31.1.When this Part applies

    3. 31.2.Behaviour orders and bind overs: general rules

    4. 31.3.Application for behaviour order and notice of terms of proposed order: special rules

    5. 31.4.Evidence to assist the court: special rules

    6. 31.5.Application to vary, renew, discharge or revoke behaviour order

    7. 31.6.Notice of hearsay evidence

    8. 31.7.Cross-examination of maker of hearsay statement

    9. 31.8.Credibility and consistency of maker of hearsay statement

    10. 31.9.Notice to supervisor of requirement for supervision or monitoring

    11. 31.10.Bind over: exercise of court’s powers

    12. 31.11.Bind over: refusal or breach

    13. 31.12.Court’s power to vary requirements under this Part

  33. PART 32 BREACH, REVOCATION AND AMENDMENT OF COMMUNITY AND OTHER ORDERS

    1. 32.1.When this Part applies

    2. 32.2.Application by responsible officer or supervisor

    3. 32.3.Application by defendant or person affected

    4. 32.4.Procedure on application by responsible officer or supervisor

  34. PART 33 CONFISCATION AND RELATED PROCEEDINGS

    1. GENERAL RULES

      1. 33.1.Interpretation

      2. 33.2.Calculation of time

      3. 33.3.Court office closed

      4. 33.4.Application for registration of Scottish or Northern Ireland order

      5. 33.5.Application to vary or set aside registration

      6. 33.6.Register of orders

      7. 33.7.Statements of truth

      8. 33.8.Use of witness statements for other purposes

      9. 33.9.Service of documents

      10. 33.10.Service outside the jurisdiction

      11. 33.11.Certificates of service

      12. 33.12.External requests and orders

    2. CONFISCATION PROCEEDINGS

      1. 33.13.Statements in connection with confiscation orders

      2. 33.14.Application for compliance order

      3. 33.15.Application for reconsideration

      4. 33.16.Application for new calculation of available amount

      5. 33.17.Variation of confiscation order due to inadequacy of available amount

      6. 33.18.Application by magistrates’ court officer to discharge confiscation order

      7. 33.19.Application for variation of confiscation order made against an absconder

      8. 33.20.Application for discharge of confiscation order made against an absconder

      9. 33.21.Application for increase in term of imprisonment in default

      10. 33.22.Compensation – general

      11. 33.23.Compensation – confiscation order made against absconder

      12. 33.24.Payment of money held or detained in satisfaction of confiscation order

      13. 33.25.Application to realise seized property

      14. 33.26.Appeal about decision on application to realise seized property

      15. 33.27.Application for direction about surplus proceeds

    3. SEIZURE AND DETENTION PROCEEDINGS

      1. 33.28.Application for approval to seize property or to search

      2. 33.29.Application to extend detention period

      3. 33.30.Application to vary or discharge order for extended detention

      4. 33.31.Appeal about property detention decision

    4. RESTRAINT AND RECEIVERSHIP PROCEEDINGS: RULES THAT APPLY GENERALLY

      1. 33.32.Taking control of goods and forfeiture

      2. 33.33.Joining of applications

      3. 33.34.Applications to be dealt with in writing

      4. 33.35.Business in chambers

      5. 33.36.Power of court to control evidence

      6. 33.37.Evidence of witnesses

      7. 33.38.Witness summons

      8. 33.39.Hearsay evidence

      9. 33.40.Disclosure and inspection of documents

      10. 33.41.Court documents

      11. 33.42.Consent orders

      12. 33.43.Slips and omissions

      13. 33.44.Supply of documents from court records

      14. 33.45.Disclosure of documents in criminal proceedings

      15. 33.46.Preparation of documents

      16. 33.47.Order for costs

      17. 33.48.Assessment of costs

      18. 33.49.Time for complying with an order for costs

      19. 33.50.Application of costs rules

    5. RESTRAINT PROCEEDINGS

      1. 33.51.Application for restraint order or ancillary order

      2. 33.52.Restraint and ancillary orders

      3. 33.53.Application for discharge or variation of restraint or ancillary order by a person affected by the order

      4. 33.54.Application for variation of restraint or ancillary order by the person who applied for the order

      5. 33.55.Application for discharge of restraint or ancillary order by the person who applied for the order

    6. RECEIVERSHIP PROCEEDINGS

      1. 33.56.Application for appointment of a management or an enforcement receiver

      2. 33.57.Application for conferral of powers on a management receiver or an enforcement receiver

      3. 33.58.Applications for discharge or variation of receivership orders, and applications for other orders

      4. 33.59.Sums in the hands of receivers

      5. 33.60.Security

      6. 33.61.Remuneration

      7. 33.62.Accounts

      8. 33.63.Non-compliance by receiver

    7. PROCEEDINGS UNDER THE CRIMINAL JUSTICE ACT 1988 AND THE DRUG TRAFFICKING ACT 1994

      1. [Note. The relevant provisions of the 1988 and 1994 Acts...

      2. 33.64.Statements, etc. relevant to making confiscation orders

      3. 33.65.Postponed determinations

      4. 33.66.Confiscation orders - revised assessments

      5. 33.67.Application to the Crown Court to discharge or vary order to make material available

      6. 33.68.Application to the Crown Court for increase in term of imprisonment in default of payment

      7. 33.69.Drug trafficking – compensation on acquittal in the Crown Court

    8. CONTEMPT PROCEEDINGS

      1. 33.70.Application to punish for contempt of court

  35. PART 34 APPEAL TO THE CROWN COURT

    1. 34.1.When this Part applies

    2. 34.2.Service of appeal and respondent’s notices

    3. 34.3.Form of appeal and respondent’s notices

    4. 34.4.Duty of magistrates’ court officer

    5. 34.5.Duty of person keeping exhibit

    6. 34.6.Reference by the Criminal Cases Review Commission

    7. 34.7.Preparation for appeal

    8. 34.8.Hearings and decisions

    9. 34.9.Abandoning an appeal

    10. 34.10.Court’s power to vary requirements under this Part

    11. 34.11.Constitution of the Crown Court

  36. PART 35 APPEAL TO THE HIGH COURT BY CASE STATED

    1. 35.1.When this Part applies

    2. 35.2.Application to state a case

    3. 35.3.Preparation of case stated

    4. 35.4.Duty of justices’ legal adviser

    5. 35.5.Court’s power to vary requirements under this Part

  37. PART 36 APPEAL TO THE COURT OF APPEAL: GENERAL RULES

    1. 36.1.When this Part applies

    2. 36.2.Case management in the Court of Appeal

    3. 36.3.Power to vary requirements

    4. 36.4.Application for extension of time

    5. 36.5.Renewing an application refused by a judge or the Registrar

    6. 36.6.Hearings

    7. 36.7.Notice of hearings and decisions

    8. 36.8.Duty of Crown Court officer

    9. 36.9.Duty of person transcribing proceedings in the Crown Court

    10. 36.10.Duty of person keeping exhibit

    11. 36.11.Registrar’s duty to provide copy documents for appeal or reference

    12. 36.12.Declaration of incompatibility with a Convention right

    13. 36.13.Abandoning an appeal

    14. 36.14.Grounds of appeal and opposition

    15. 36.15.Reopening the determination of an appeal

  38. PART 37 APPEAL TO THE COURT OF APPEAL AGAINST RULING AT PREPARATORY HEARING

    1. 37.1.When this Part applies

    2. 37.2.Service of appeal notice

    3. 37.3.Form of appeal notice

    4. 37.4.Crown Court judge’s permission to appeal

    5. 37.5.Respondent’s notice

    6. 37.6.Powers of Court of Appeal judge

    7. 37.7.Renewing applications

    8. 37.8.Right to attend hearing

  39. PART 38 APPEAL TO THE COURT OF APPEAL AGAINST RULING ADVERSE TO PROSECUTION

    1. 38.1.When this Part applies

    2. 38.2.Decision to appeal

    3. 38.3.Service of appeal notice

    4. 38.4.Form of appeal notice

    5. 38.5.Crown Court judge’s permission to appeal

    6. 38.6.Expediting an appeal

    7. 38.7.Respondent’s notice

    8. 38.8.Public interest ruling

    9. 38.9.Powers of Court of Appeal judge

    10. 38.10.Renewing applications

    11. 38.11.Right to attend hearing

  40. PART 39 APPEAL TO THE COURT OF APPEAL ABOUT CONVICTION OR SENTENCE

    1. 39.1.When this Part applies

    2. 39.2.Service of appeal notice

    3. 39.3.Form of appeal notice

    4. 39.4.Crown Court judge’s certificate that case is fit for appeal

    5. 39.5.Reference by Criminal Cases Review Commission

    6. 39.6.Respondent’s notice

    7. 39.7.Introducing evidence

    8. 39.8.Application for bail, or to suspend a disqualification or order, pending appeal or retrial

    9. 39.9.Conditions of bail pending appeal or retrial

    10. 39.10.Forfeiture of a recognizance given as a condition of bail

    11. 39.11.Right to attend hearing

    12. 39.12.Power to vary determination of appeal against sentence

    13. 39.13.Directions about re-admission to hospital on dismissal of appeal

    14. 39.14.Renewal or setting aside of order for retrial

  41. PART 40 APPEAL TO THE COURT OF APPEAL ABOUT REPORTING OR PUBLIC ACCESS RESTRICTION

    1. 40.1.When this Part applies

    2. 40.2.Service of appeal notice

    3. 40.3.Form of appeal notice

    4. 40.4.Advance notice of appeal against order restricting public access

    5. 40.5.Duty of applicant for order restricting public access

    6. 40.6.Respondent’s notice on appeal against reporting restriction

    7. 40.7.Renewing applications

    8. 40.8.Right to introduce evidence

    9. 40.9.Right to attend hearing

  42. PART 41 REFERENCE TO THE COURT OF APPEAL OF POINT OF LAW OR UNDULY LENIENT SENTENCING

    1. 41.1.When this Part applies

    2. 41.2.Service of notice of reference and application for permission

    3. 41.3.Form of notice of reference and application for permission

    4. 41.4.Respondent’s notice

    5. 41.5.Variation or withdrawal of notice of reference or application for permission

    6. 41.6.Right to attend hearing

    7. 41.7.Anonymity of defendant on reference of point of law

  43. PART 42 APPEAL TO THE COURT OF APPEAL IN CONFISCATION AND RELATED PROCEEDINGS

    1. GENERAL RULES

      1. 42.1.Extension of time

      2. 42.2.Other applications

      3. 42.3.Examination of witness by court

      4. 42.4.Supply of documentary and other exhibits

      5. 42.5.Registrar’s power to require information from court of trial

      6. 42.6.Hearing by single judge

      7. 42.7.Determination by full court

      8. 42.8.Notice of determination and renewal of application for permission to appeal

      9. 42.9.Record of proceedings and transcripts

      10. 42.10.Appeal to the Supreme Court

    2. CONFISCATION: APPEAL BY PROSECUTOR OR BY PERSON WITH INTEREST IN PROPERTY

      1. 42.11.Notice of appeal

      2. 42.12.Respondent’s notice

      3. 42.13.Amendment and abandonment of appeal

    3. APPEAL ABOUT COMPLIANCE, RESTRAINT OR RECEIVERSHIP ORDER

      1. 42.14.Permission to appeal

      2. 42.15.Notice of appeal

      3. 42.16.Respondent’s notice

      4. 42.17.Amendment and abandonment of appeal

      5. 42.18.Stay

      6. 42.19.Striking out appeal notices and setting aside or imposing conditions on permission to appeal

      7. 42.20.Hearing of appeals

  44. PART 43 APPEAL OR REFERENCE TO THE SUPREME COURT

    1. 43.1.When this Part applies

    2. 43.2.Application for permission or reference

    3. 43.3.Determination of detention pending appeal, etc.

    4. 43.4.Bail pending appeal

  45. PART 44 REOPENING A CASE IN A MAGISTRATES’ COURT

    1. [Note. See also Part 24 (Trial and sentence in a...

    2. 44.1.When this Part applies

    3. 44.2.Statutory declaration of ignorance of proceedings

    4. 44.3.Setting aside a conviction or varying a costs, etc. order

  46. PART 45 COSTS

    1. GENERAL RULES

      1. 45.1.When this Part applies

      2. 45.2.Costs orders: general rules

      3. 45.3.Court’s power to vary requirements

    2. COSTS OUT OF CENTRAL FUNDS

      1. 45.4.Costs out of central funds

    3. PAYMENT OF COSTS BY ONE PARTY TO ANOTHER

      1. 45.5.Costs on conviction and sentence, etc.

      2. 45.6.Costs on appeal

      3. 45.7.Costs on an application

      4. 45.8.Costs resulting from unnecessary or improper act, etc.

    4. OTHER COSTS ORDERS

      1. 45.9.Costs against a legal representative

      2. 45.10.Costs against a third party

    5. ASSESSMENT OF COSTS

      1. 45.11.Assessment and re-assessment

      2. 45.12.Appeal to a costs judge

      3. 45.13.Appeal to a High Court judge

      4. 45.14.Application for an extension of time

  47. PART 46 REPRESENTATIVES

    1. 46.1.Functions of representatives and supporters

    2. 46.2.Notice of appointment, etc. of legal representative: general rules

    3. 46.3.Application to change legal representative (legal aid): general rules

    4. 46.4.Application by defendant to change legal representative (legal aid)

    5. 46.5.Application by legal representative to withdraw (legal aid)

  48. PART 47 INVESTIGATION ORDERS AND WARRANTS

    1. SECTION 1: GENERAL RULES

      1. 47.1.When this Part applies

      2. 47.2.Meaning of ‘court’, ‘applicant’ and ‘respondent’

      3. 47.3.Documents and recordings held by the court officer

    2. SECTION 2: INVESTIGATION ORDERS

      1. 47.4.When this Section applies

      2. 47.5.Exercise of court’s powers

      3. 47.6.Application for order: general rules

      4. 47.7.Application containing information withheld from a respondent or other person

      5. 47.8.Application to vary or discharge an order

      6. 47.9.Application to punish for contempt of court

    3. ORDERS UNDER THE POLICE AND CRIMINAL EVIDENCE ACT 1984

      1. 47.10.Application for a production order under the Police and Criminal Evidence Act 1984

    4. ORDERS UNDER THE TERRORISM ACT 2000

      1. 47.11.Application for an order under the Terrorism Act 2000

      2. 47.12.Content of application for a production etc. order under the Terrorism Act 2000

      3. 47.13.Content of application for a disclosure order or further information order under the Terrorism Act 2000

      4. 47.14.Content of application for an explanation order under the Terrorism Act 2000

      5. 47.15.Content of application for a customer information order under the Terrorism Act 2000

      6. 47.16.Content of application for an account monitoring order under the Terrorism Act 2000

    5. ORDERS UNDER THE PROCEEDS OF CRIME ACT 2002

      1. 47.17.Application for an order under the Proceeds of Crime Act 2002

      2. 47.18.Content of application for a production order under the Proceeds of Crime Act 2002

      3. 47.19.Content of application for an order to grant entry under the Proceeds of Crime Act 2002

      4. 47.20.Content of application for a disclosure order or further information order under the Proceeds of Crime Act 2002

      5. 47.21.Content of application for a customer information order under the Proceeds of Crime Act 2002

      6. 47.22.Content of application for an account monitoring order under the Proceeds of Crime Act 2002

    6. ORDERS UNDER THE EXTRADITION ACT 2003

      1. 47.23.Application for a production order under the Extradition Act 2003

    7. SECTION 3: INVESTIGATION WARRANTS

      1. 47.24.When this Section applies

      2. 47.25.Exercise of court’s powers

      3. 47.26.Application for warrant: general rules

      4. 47.27.Information to be included in a warrant

      5. 47.28.Application for warrant under section 8 of the Police and Criminal Evidence Act 1984

      6. 47.29.Application for warrant under section 2 of the Criminal Justice Act 1987

      7. 47.30.Application for warrant under paragraph 12 of Schedule 1 to the Police and Criminal Evidence Act 1984

      8. 47.31.Application for warrant under paragraph 11 of Schedule 5 to the Terrorism Act 2000

      9. 47.32.Application for warrant under section 352 of the Proceeds of Crime Act 2002

      10. 47.33.Application for warrant under section 160 of the Extradition Act 2003

      11. 47.34.Application for warrant under any other power

    8. SECTION 4: ORDERS FOR THE RETENTION OR RETURN OF PROPERTY

      1. 47.35.When this Section applies

      2. 47.36.Exercise of court’s powers

      3. 47.37.Application for an order under section 1 of the Police (Property) Act 1897

      4. 47.38.Application for an order under section 59 of the Criminal Justice and Police Act 2001

      5. 47.39.Application containing information withheld from another party

      6. 47.40.Representations in response

      7. 47.41.Application to punish for contempt of court

    9. SECTION 5: ORDERS FOR THE RETENTION OF FINGERPRINTS, ETC.

      1. 47.42.When this Section applies

      2. 47.43.Exercise of court’s powers

      3. 47.44.Application to extend retention period

      4. 47.45.Appeal

    10. SECTION 6: INVESTIGATION ANONYMITY ORDERS UNDER THE CORONERS AND JUSTICE ACT 2009

      1. 47.46.When this Section applies

      2. 47.47.Exercise of court’s powers

      3. 47.48.Application for an investigation anonymity order

      4. 47.49.Application to discharge an investigation anonymity order

      5. 47.50.Appeal

    11. SECTION 7: INVESTIGATION APPROVAL ORDERS UNDER THE REGULATION OF INVESTIGATORY POWERS ACT 2000

      1. 47.51.When this Section applies

      2. 47.52.Exercise of court’s powers

      3. 47.53.Application for approval for authorisation or notice

    12. SECTION 8: ORDERS FOR ACCESS TO DOCUMENTS, ETC. UNDER THE CRIMINAL APPEAL ACT 1995

      1. 47.54.When this Section applies

      2. 47.55.Exercise of court’s powers

      3. 47.56.Application for an order for access

      4. 47.57.Application containing information withheld from a respondent or other person

      5. 47.58.Application to punish for contempt of court

    13. SECTION 9: ORDERS FOR THE EXTENSION OF A MORATORIUM PERIOD UNDER THE PROCEEDS OF CRIME ACT 2002

      1. 47.59.When this Section applies

      2. 47.60.Exercise of court’s powers

      3. 47.61.Application for extension of moratorium period

      4. 47.62.Application containing information withheld from a respondent

    14. SECTION 10: ORDERS FOR ACCESS TO ELECTRONIC DATA UNDER THE CRIME (OVERSEAS PRODUCTION ORDERS) ACT 2019

      1. 47.63.When this Section applies

      2. 47.64.Exercise of court’s powers

      3. 47.65.Application for order

      4. 47.66.Application to vary or revoke an order

      5. 47.67.Application containing information withheld from a respondent or other person

      6. 47.68.Application to punish for contempt of court

    15. Section 11 ...

      1. 47.69.Application to vary or revoke an order

      2. 47.70.Application containing information withheld from a respondent or other person

      3. 47.71.Application to punish for contempt of court

  49. PART 48 CONTEMPT OF COURT

    1. GENERAL RULES

      1. 48.1.When this Part applies

      2. 48.2.Exercise of court’s power to deal with contempt of court

      3. 48.3.Notice of suspension of imprisonment by Court of Appeal or Crown Court

      4. 48.4.Application to discharge an order for imprisonment

    2. CONTEMPT OF COURT BY OBSTRUCTION, DISRUPTION, ETC.

      1. 48.5.Initial procedure on obstruction, disruption, etc.

      2. 48.6.Review after temporary detention

      3. 48.7.Postponement of enquiry

      4. 48.8.Procedure on enquiry

    3. CONTEMPT OF COURT BY FAILURE TO COMPLY WITH COURT ORDER, ETC.

      1. 48.9.Initial procedure on failure to comply with court order, etc.

      2. 48.10.Procedure on hearing

      3. 48.11.Introduction of written witness statement or other hearsay

      4. 48.12.Content of written witness statement

      5. 48.13.Content of notice of other hearsay

      6. 48.14.Cross-examination of maker of written witness statement or other hearsay

      7. 48.15.Credibility and consistency of maker of written witness statement or other hearsay

      8. 48.16.Magistrates’ courts’ powers to adjourn, etc.

      9. 48.17.Court’s power to vary requirements

  50. PART 49 INTERNATIONAL CO-OPERATION

    1. 49.1.Notice required to accompany process served outside the United Kingdom and translations

    2. 49.2.Proof of service outside the United Kingdom

    3. 49.3.Supply of copy of notice of request for assistance abroad

    4. 49.4.Persons entitled to appear and take part in proceedings before a nominated court, and exclusion of the public

    5. 49.5.Record of proceedings to receive evidence before a nominated court

    6. 49.6.Interpreter for the purposes of proceedings involving a television or telephone link

    7. 49.7.Record of television link hearing before a nominated court

    8. 49.8.Record of telephone link hearing before a nominated court

    9. 49.9.Overseas record

    10. 49.10.Overseas freezing orders

    11. 49.11.Overseas forfeiture orders

    12. 49.12.Overseas restraint orders

    13. 49.13.Overseas confiscation orders

    14. 49.14.Giving effect to a European investigation order for the receipt of oral evidence

    15. 49.15.Giving effect to a European investigation order for hearing a person by live link

    16. 49.16.Giving effect to a European investigation order by issuing a search warrant or production, etc. order

    17. 49.17.Application to vary or revoke a search warrant or production etc. order issued to give effect to a European investigation order

  51. PART 50 EXTRADITION

    1. SECTION 1: GENERAL RULES

      1. 50.1.When this Part applies

      2. 50.2.Special objective in extradition proceedings

    2. SECTION 2: EXTRADITION PROCEEDINGS IN A MAGISTRATES’ COURT

      1. 50.3.Exercise of magistrates’ court’s powers

      2. 50.4.Case management in the magistrates’ court and duty of court officer

    3. EXTRADITION UNDER PART 1 OF THE EXTRADITION ACT 2003

      1. 50.5.Preliminary hearing after arrest

      2. 50.6.Extradition hearing

      3. 50.7.Discharge where warrant withdrawn

    4. EXTRADITION UNDER PART 2 OF THE EXTRADITION ACT 2003

      1. 50.8.Issue of arrest warrant

      2. 50.9.Preliminary hearing after arrest

      3. 50.10.Issue of provisional arrest warrant

      4. 50.11.Preliminary hearing after provisional arrest

      5. 50.12.Arrangement of extradition hearing after provisional arrest

      6. 50.13.Extradition hearing

      7. 50.14.Discharge where extradition request withdrawn

    5. EVIDENCE AT EXTRADITION HEARING

      1. 50.15.Introduction of additional evidence

    6. DISCHARGE AFTER FAILURE TO COMPLY WITH A TIME LIMIT

      1. 50.16.Defendant’s application to be discharged

    7. SECTION 3: APPEAL TO THE HIGH COURT

      1. [Note. Under Part 1 of the Extradition Act 2003—

      2. Under Part 2 of the 2003 Act—

      3. In each case the appellant needs the High Court’s permission...

      4. 50.17.Exercise of the High Court’s powers

      5. 50.18.Case management in the High Court

      6. 50.19.Service of appeal notice

      7. 50.20.Form of appeal notice

      8. 50.21.Respondent’s notice

      9. 50.22.Renewing an application for permission to appeal, restoring excluded grounds, etc.

      10. 50.23.Appeal hearing

      11. 50.24.Early termination of appeal: order by consent, etc.

      12. 50.25.Application for permission to appeal to the Supreme Court

      13. 50.26.Determination of detention pending appeal to the Supreme Court against discharge

      14. 50.27.Reopening the determination of an appeal

      15. 50.28.Declaration of incompatibility with a Convention right

      16. 50.29.Duties of court officers

      17. 50.30.Constitution of the High Court

      18. 50.31.Payment of High Court fees

    8. SECTION 4: POST-EXTRADITION PROCEEDINGS

      1. 50.32.Application for consent to deal with another offence or for consent to further extradition

  52. Glossary

  53. Signature

  54. Explanatory Note

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: