The Criminal Procedure Rules 2020

GENERAL RULES E+W

When this Part applies E+W

18.1.  This Part applies—

(a) where the court can give a direction (a ‘special measures direction’), under section 19 of the Youth Justice and Criminal Evidence Act 1999(1), on an application or on its own initiative, for any of the following measures—

(i) preventing a witness from seeing the defendant (section 23 of the 1999 Act),

(ii) allowing a witness to give evidence by live link (section 24 of the 1999 Act(2)),

(iii) hearing a witness’ evidence in private (section 25 of the 1999 Act(3)),

(iv) dispensing with the wearing of wigs and gowns (section 26 of the 1999 Act),

(v) admitting video recorded evidence (sections 27 and 28 of the 1999 Act(4)),

(vi) questioning a witness through an intermediary (section 29 of the 1999 Act(5)),

(vii) using a device to help a witness communicate (section 30 of the 1999 Act);

(b) where the court can vary or discharge such a direction, under section 20 of the 1999 Act(6);

[F1 (c)] where the court can—

(i) make a witness anonymity order, under section 86 of the Coroners and Justice Act 2009(7), or

(ii) vary or discharge such an order, under section 91, 92 or 93 of the 2009 Act;

[F1 (d)] where the court can—

(i) appoint an intermediary to facilitate a defendant’s effective participation in that defendant’s trial, when the defendant gives evidence or at any other time, or

(ii) vary or discharge such an appointment; and

[F1 (e)] where the court can exercise any other power it has to give, make, vary, rescind, discharge or revoke a direction for a measure to help a witness to give evidence or to help a defendant to participate in that defendant’s trial.

[F2 [Note. At the end of this Part there is a summary of the circumstances in which a witness or defendant may be eligible for the assistance of one of the measures to which this Part applies.]]

Textual Amendments

F1 Existing rule 18.1(c) omitted and rule 18.1(d)-(f) renumbered as rule 18.1(c)-(e) (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 8(a)(i)(ii)

F2 Rule 18.1 Note inserted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(b), 9(b)(iii)

Commencement Information

I1 Rule 18.1 in force at 5.10.2020, see Preamble

[F3 Meaning of ‘witness’ and ‘live link’ E+W

18.2.   In this Part—

(a) witness’ means anyone (other than a defendant) for whose benefit an application, direction or order is made; and

(b) ‘live link’, in relation to a witness, means a live television link or other arrangement by which a witness who is absent from the courtroom or other place where the proceedings are being held is able to see and hear a person there and to be seen and heard by—

(i) the judge or justices (or both) and the jury (if there is one),

(ii) legal representatives acting in the proceedings, and

(iii) any interpreter or other person appointed (in pursuance of the direction or otherwise) to assist the witness.

[Note. See section 24(8) of the Youth Justice and Criminal Evidence Act 1999.]]

Textual Amendments

F3 Rule 18.2 substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(g), 12(b)

[F4 Meaning of ‘intermediary’ and ‘intermediary’s report’ E+W

18.3.   In this Part

(a) ‘intermediary’ means a person who is—

(i) approved by the court for the purposes of section 29 of the Youth Justice and Criminal Evidence Act 1999 (Examination of witness through intermediary),

[F5 (ii)] asked to assess a defendant’s communication needs, or

[F5 (iii)] appointed by the court to facilitate a defendant’s effective participation in the trial, when the defendant gives evidence or at any other time, where otherwise that defendant’s communication needs would impede such participation; and

(b) a reference to ‘an intermediary’s report’ means a report by such a person which complies with [F6 rule 18.28].]

Textual Amendments

F4 Original rule 18.3 renumbered as rule 18.4 and new rule 18.3 inserted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(b), 9(e)(f)

F5 Existing rule 18.3(a)(ii) omitted and rule 18.3(a)(iii)(iv) renumbered as rule 18.3(a)(ii)(iii) (1.4.2024) by The Criminal Procedure (Amendment) Rules 2024 (S.I. 2024/62), rules 1, 8(b)(i)(ii)

F6 Words in rule 18.3(b) substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(g), 12(c)

Making an application for a direction or order E+W

[F7 18.4.]  A party who wants the court to exercise its power to give or make a direction or order must—

(a) apply in writing as soon as reasonably practicable, and in any event not more than—

(i) 20 business days after the defendant pleads not guilty, in a magistrates’ court, or

(ii) 10 business days after the defendant pleads not guilty, in the Crown Court; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

[Note. See also rule 18.10 (Content of application for a special measures direction), rule 18.15 (Content of application for a defendant’s evidence direction), rule 18.19 (Content and conduct of application for a witness anonymity order) [F8 , [F9 and rule 18.23] ((Appointment of intermediary to facilitate a defendant’s participation)].

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F7 Rule 18.3 renumbered as rule 18.4 (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(b), 9(e)

F8 Words in rule 18.4 Note substituted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(b), 9(g)

F9 Words in rule 18.4 Note substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(g), 12(d)(i)

F10 Words in rule 18.4 Note omitted (2.10.2023) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rule 1, Sch. para. 13

Commencement Information

I2 Rule 18.4 in force at 5.10.2020, see Preamble, (as renumbered (5.4.2021) by S.I. 2021/40, rules 2(b), 9(e))

Decisions and reasons E+W

[F11 18.5.]—(1) A party who wants to introduce the evidence of a witness who is the subject of an application, direction or order must—

(a) inform the witness of the court’s decision as soon as reasonably practicable; and

(b) explain to the witness the arrangements that as a result will be made for him or her to give evidence.

(2) The court must—

(a) promptly determine an application; and

(b) allow a party sufficient time to comply with the requirements of—

(i) paragraph (1), and

(ii) the code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004(8).

(3) The court must announce, at a hearing in public before the witness gives evidence [F12 or the defendant’s trial begins (as the case may be)], the reasons for a decision—

(a) to give, make, vary or discharge a direction or order; or

(b) to refuse to do so.

[Note. See sections 20(5)F13 ... and 33BB(4) of the Youth Justice and Criminal Evidence Act 1999 and sections 51(8) and 52(7) of the Criminal Justice Act 2003(9).

Under section 32 of the Domestic Violence, Crime and Victims Act 2004, the Secretary of State for Justice must issue a code of practice as to the services to be provided by specified persons to a victim of criminal conduct.]

Textual Amendments

F11 Rule 18.4 renumbered as rule 18.5 (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(b), 9(e)

F12 Words in rule 18.5(3) inserted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(b), 9(h)

F13 Word in rule 18.5 omitted (15.8.2022) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(g), 12(e)

Commencement Information

I3 Rule 18.5 in force at 5.10.2020, see Preamble, (as renumbered 5.4.2021 by S.I. 2021/40, rules 2(b), 9(e))

Court’s power to vary requirements under this Part E+W

[F14 18.6.]—(1) The court may—

(a) shorten or extend (even after it has expired) a time limit under this Part; and

(b) allow an application or representations to be made in a different form to one [F15 issued under] the Practice Direction, or to be made orally.

(2) A person who wants an extension of time must—

(a) apply when serving the application or representations for which it is needed; and

(b) explain the delay.

Textual Amendments

F14 Rule 18.5 renumbered as rule 18.6 (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(b), 9(e)

F15 Words in rule 18.6(1)(b) substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rule 1, Sch. para. 14

Commencement Information

I4 Rule 18.6 in force at 5.10.2020, see Preamble, (as renumbered 5.4.2021 by S.I. 2021/40, rules 2(b), 9(e))

Custody of documents E+W

[F16 18.7.]  Unless the court otherwise directs, the court officer may—

(a) keep a written application or representations; or

(b) arrange for the whole or any part to be kept by some other appropriate person, subject to any conditions that the court may impose.

Textual Amendments

F16 Original rule 18.7 omitted and rule 18.6 renumbered as rule 18.7 (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(b), 9(d)(e)

Commencement Information

I5 Rule 18.7 in force at 5.10.2020, see Preamble, (as renumbered 5.4.2021 by S.I. 2021/40, rules 2(b), 9(e))

(1)

1999 c. 23.

(2)

1999 c. 23; section 24 was amended by paragraph 385 of Schedule 8 to, and Schedule 10 to, the Courts Act 2003 (c. 39) and section 102(1) of the Coroners and Justice Act 2009 (c. 25).

(3)

1999 c. 23; section 25 was amended by paragraphs 1 and 3 of the Schedule to S.I. 2013/554 and section 46 of the Modern Slavery Act 2015 (c. 30).

(4)

1999 c. 23; section 27 was amended by paragraph 384 of Schedule 8 to the Courts Act 2003 (c. 39), paragraph 73 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) and sections 102(2), 103(1), (3), (4) and (5), 177(1) and (2) and 178 of, and paragraph 73 of Schedule 21, paragraph 23 of Schedule 22 and Part 3 of Schedule 23 to, the Coroners and Justice Act 2009 (c. 25).

(5)

1999 c. 23; section 29 was amended by paragraph 384(d) of Schedule 8 to the Courts Act 2003 (c. 39).

(6)

1999 c. 23; section 20(6) was amended by paragraph 384(a) of Schedule 8 to the Courts Act 2003 (c. 39).

(7)

2009 c. 25.

(8)

2004 c. 28; section 32 was amended by article 8 of, and paragraph 10 of the Schedule to, S.I. 2007/2128.

(9)

2003 c. 44.