PART 2F13UNDERSTANDING AND APPLYING THE RULES; POWERS AND DUTIES OF COURT OFFICERS AND JUSTICES’ LEGAL ADVISERS
Pt. 2 Table of Contents amended (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 4(g)
Words in Pt. 2 Table of Contents inserted (2.10.2023) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 3(c)
Contents of this Part | |
|---|---|
Understanding and applying the Rules | |
When the Rules apply | rule 2.1 |
Definitions | rule 2.2 |
References to Acts of Parliament and to Statutory Instruments | rule 2.3 |
Powers of authorised court officers | |
Exercise of court’s functions by authorised court officers: general rules | rule 2.4 |
Exercise of functions of the Court of Appeal | rule 2.5 |
Exercise of functions of the High Court | rule 2.6 |
Exercise of functions of the Crown Court | rule 2.7 |
Exercise of functions of magistrates’ courts | rule 2.8 |
Exercise of functions of a District Judge (Magistrates’ Courts) in extradition cases | rule 2.9 |
Court’s power to extend time under rule 2.6 or rule 2.7 | rule 2.10 |
F10Powers of court officers to take statutory declarations | |
Taking of statutory declarations by court officers | rule 2.11 |
F14Justices’ Legal Advisers | |
Duties of justices’ legal adviser | rule 2.12 |
UNDERSTANDING AND APPLYING THE RULES
When the Rules applyI102.1
1
In general, Criminal Procedure Rules apply―
a
in all criminal cases in magistrates’ courts and in the Crown Court;
b
in extradition cases in the High Court; and
c
in all cases in the criminal division of the Court of Appeal.
2
If a rule applies only in one or some of those courts, the rule makes that clear.
3
These Rules apply on and after 5th October, 2020, but unless the court otherwise directs, they do not affect a right or duty existing under the Criminal Procedure Rules 201542.
F114
The amendments to Part 14 of these Rules (Bail and custody time limits) made by rule 7(a) and (b) of the Criminal Procedure (Amendment) Rules 2023 do not apply in relation to a defendant arrested before 28th October, 2022, for an offence, or in relation to such a defendant who on or after that date is arrested again in relation to that offence under―
a
section 46A of the Police and Criminal Evidence Act 1984 (arrest for failure to attend at a police station as required by police bail, or failure to comply with a condition of such bail); or
b
section 24A of the Criminal Justice Act 2003 (arrest for failure to comply with a condition attached to a conditional caution).
F25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Note. The rules replaced by the first Criminal Procedure Rules (the Criminal Procedure Rules 200545) were revoked when those Rules came into force by provisions of the Courts Act 2003, the Courts Act 2003 (Consequential Amendments) Order 200446 and the Courts Act 2003 (Commencement No. 6 and Savings) Order 200447. The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12Amendments made by the Police, Crime, Sentencing and Courts Act 2022to the pre-charge bail provisions of the Police and Criminal Evidence Act 1984 came into force on 28th October, 2022. Under section 45(3) of the 2022 Act, those amendments do not apply in the circumstances described in paragraph (4) of this rule.]
DefinitionsI52.2
1
In these Rules, unless the context makes it clear that something different is meant:
‘advocate’ means a person who is entitled to exercise a right of audience in the court under section 13 of the Legal Services Act 200748;
‘authorised court officer’ has the meaning given by rule 2.4;
‘business day’ means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday;
‘court’ means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates’ Court), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals and an authorised court officer;
‘court officer’ means the appropriate member of the staff of a court;
‘justices’ legal adviser’ means a person authorised under section 28 of the Courts Act 200349 to give advice about law to justices of the peace;
‘legal representative’ means:
- i
the person for the time being named as a party’s representative in any legal aid representation order made under section 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 201250, or
- ii
subject to that, the person named as a party’s representative in any notice for the time being given under rule 46.2 (Notice of appointment, etc. of legal representative: general rules), provided that person is entitled to conduct litigation in the court under section 13 of the Legal Services Act 2007;
- i
F5‘live link’ means a live audio link or a live video link and:
- i
‘live audio link’ means a live telephone link or other arrangement by which a person taking part in a hearing can hear, and be heard by, everyone else who is taking part and who is not in the same place as that person,
- ii
‘live video link’ means a live television link or other arrangement by which a person taking part in a hearing can see and hear, and be seen and heard by, everyone else who is taking part and who is not in the same place as that person;
- i
‘live link direction’ means a direction that requires or permits a person to take part through a live audio link or a live video link in the proceedings listed in section 51(3) of the Criminal Justice Act 2003;
‘Practice Direction’ means the Lord Chief Justice’s Criminal Practice Directions, as amended, and ‘Criminal Costs Practice Direction’ means the Lord Chief Justice’s Practice Direction (Costs in Criminal Proceedings), as amended;
‘public interest ruling’ means a ruling about whether it is in the public interest to disclose prosecution material under sections 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 199651; and
‘Registrar’ means the Registrar of Criminal Appeals or a court officer exercising a function of the Registrar.
2
F6Special definitions and definitions of some other expressions are in the rules in which they apply.
[Note. The glossary at the end of the Rules is a guide to the meaning of certain legal expressions used in them.]
References to legislation, including these RulesI32.3
1
In these Rules, where a rule refers to an Act of Parliament or to subordinate legislation by title and year, subsequent references to that Act or to that legislation in the rule are shortened: so, for example, after a reference to the Criminal Procedure and Investigations Act 199652 that Act is called ‘the 1996 Act’; and after a reference to the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 201153 those Regulations are called ‘the 2011 Regulations’.
2
In the courts in which these Rules apply―
a
unless the context makes it clear that something different is meant, a reference to the Criminal Procedure Rules, without reference to a year, is a reference to the Criminal Procedure Rules in force at the date on which the event concerned occurs or occurred;
b
a reference to the Criminal Procedure Rules may be abbreviated to ‘CrimPR’; and
c
a reference to a Part or rule in the Criminal Procedure Rules may be abbreviated to, for example, ‘CrimPR Part 3’ or ‘CrimPR 3.5’.
POWERS OF AUTHORISED COURT OFFICERS
Exercise of court’s functions by authorised court officers: general rulesI42.4
1
This rule and rules 2.5, 2.6, 2.7, 2.8 and 2.9 provide for the exercise of relevant judicial functions within the meaning of section 67A of the Courts Act 200354―
a
in a court in which these Rules apply; and
b
by a person authorised for the purpose by the Lord Chief Justice under section 67B of that Act55.
2
In this rule and in rules 2.5, 2.6, 2.7, 2.8 and 2.9―
a
‘authorised court officer’ means any such person; and
b
a reference to an authorised court officer who is legally qualified is a reference to one who has such qualifications as are for the time being prescribed by regulations made under section 28(3) of the Courts Act 2003.
3
No court officer may―
a
authorise a person’s committal to prison;
b
authorise a person’s arrest (but that exclusion does not apply to the issue of a warrant of arrest, whether or not endorsed for bail, to secure that a person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of that person to the issue of the warrant);
c
grant or withhold bail, except to the extent that rule 2.6 or rule 2.8 allows;
d
adjudicate on guilt, or on the act or omission with which a defendant is charged, except to the extent of―
i
acquitting a defendant against whom the prosecutor offers no evidence,
ii
convicting a defendant who pleads guilty, or
iii
giving a prosecutor permission to withdraw a case;
e
determine the admissibility of evidence;
f
set ground rules for the conduct of questioning where rule 3.8(6), (7) (directions for the appropriate treatment and questioning of a witness or the defendant) applies;
g
make findings of fact for the purpose of sentence, defer or pass sentence, impose a penalty or commit a defendant to the Crown Court for sentence;
h
make an order for a party or other person to pay costs, unless that party or person agrees;
i
make any other order consequent upon acquittal, conviction or a finding that the accused did the act or made the omission charged, except to the extent that rule 2.8 allows;
j
vary, discharge, remit, remove, revoke, review or suspend a sentence, penalty or other order consequent on acquittal or conviction, except to the extent that rule 2.8 allows;
k
order the search, confiscation, restraint, detention or seizure of property except to the extent that rule 2.8 allows;
l
determine an appeal or reference to an appeal court, or an application for permission to appeal or refer, except to the extent that rule 2.6 allows; or
m
determine an allegation of contempt of court.
4
An authorised court officer may exercise a relevant judicial function for which rule 2.5, 2.6, 2.7, 2.8 or 2.9 provides―
a
only subject to the same conditions as apply to its exercise by the court or person whose function it is; and
b
where a party affected by the exercise of that function is entitled to make representations before its exercise, only if each such party has had a reasonable opportunity to make such representations―
i
in writing, or
ii
at a hearing (whether or not that party in fact attends).
5
Unless the context makes it clear that something different is meant, provision in rule 2.5, 2.6, 2.7, 2.8 or 2.9 permitting the exercise of a relevant judicial function by an authorised court officer includes a power to decline to exercise that function.
[Note. Under section 67A of the Courts Act 2003, ‘relevant judicial function’ means a function of a court to which the general duty of the Lord Chancellor under section 1 of that Act applies and a judicial function of a person holding an office that entitles the person to exercise functions of such a court, but does not include in a court in which Criminal Procedure Rules apply―
a
any function so far as its exercise involves authorising a person’s committal to prison; or
b
any function so far as its exercise involves authorising a person’s arrest, except the issue of a warrant of arrest (whether or not endorsed for bail) to secure that a person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of that person to the issue of the warrant.
Under section 67B of the 2003 Act, in a court in which Criminal Procedure Rules apply the Rules may provide for the exercise of relevant judicial functions by persons who are appointed under section 2(1) of that Act and who satisfy any requirements specified in the Rules as to qualifications or experience. Such a person may exercise such a function only if authorised to do so by the Lord Chief Justice.
Section 28 of the 2003 Act provides for persons authorised by the Lord Chief Justice to give advice to justices of the peace about matters of law. Such a person may be authorised for that purpose only if appointed under section 2(1) of that Act and possessed of such qualifications as may be prescribed by regulations made under section 28. See also rule 2.2 (Definitions).]
Exercise of functions of the Court of AppealI72.5
1
This rule provides for the exercise by an authorised court officer of relevant judicialfunctions of—
a
the criminal division of the Court of Appeal; and
b
the Registrar of Criminal Appeals.
2
Subject to rule 2.4, an authorised court officer may exercise—
a
any function of the criminal division of the Court of Appeal that may be exercised by the Registrar of Criminal Appeals; and
b
any other judicial function of the Registrar.
3
Where an authorised court officer exercises a function of the court—
a
the same provision as that made by section 31A(4) or section 31C(3), as the case may be, of the Criminal Appeal Act 196856 applies as if that function had been exercised by the Registrar; and
b
rule 36.5 (Renewing an application refused by a judge or the Registrar) applies.
[Note. See also rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers.
For the functions of the criminal division of the Court of Appeal that may be exercised by the Registrar of Criminal Appeals, see sections 31A and 31B of the Criminal Appeal Act 196857. For other functions of the Registrar, see section 21 of that Act58.
Sections 31A(4) and 31C(3) of the 1968 Act provide for the reconsideration by a judge of a decision by the Registrar to which those provisions apply.]
Exercise of functions of the High CourtI22.6
1
This rule provides for the exercise by an authorised court officer of relevant judicialfunctions of the High Court in relation to its jurisdiction under the Extradition Act 200359.
2
An authorised court officer may exercise any such function of the High Court to which the rules in Section 3 of Part 50 apply (Extradition; Appeal to the High Court), subject to—
a
rule 2.4; and
b
paragraph (3) of this rule.
3
No court officer may—
a
grant or withhold bail;
b
impose or vary a condition of bail; or
c
reopen a decision which determines an appeal or an application for permission to appeal,
unless paragraph (4) applies.
4
If making a decision to which the parties have agreed in writing, an authorised court officer may—
a
give or refuse permission to appeal;
b
determine an appeal;
c
grant or withhold bail; or
d
impose or vary a condition of bail.
5
Paragraph (6) of this rule—
a
applies where a party wants a judge to reconsider a decision made by an authorised court officer; but
b
does not apply where such an officer agrees to postpone the date on which the required period for extradition begins under section 36(3) of the Extradition Act 200360.
6
Such a party must—
a
apply for such a reconsideration as soon as reasonably practicable, and in any event no later than the earlier of—
i
the next hearing before a judge, or
ii
the fifth business day after the date on which notice of the decision is served on the applicant;
b
unless the application is made at a hearing, serve the application on—
i
the court officer, and
ii
each other party (if any) affected by the decision; and
c
in the application—
i
specify the decision in issue,
ii
explain why it is appropriate for the decision to be reconsidered and what decision the applicant thinks would be appropriate, and
iii
ask for a hearing, if one is wanted, and explain why it is needed.
7
The judge may determine the application—
a
at a hearing (which may be in public or private), or without a hearing; and
b
in the absence of—
i
the applicant,
ii
each other party (if any) affected by the decision.
8
But the judge must not determine the application in the absence of an affected party unless that party has had—
a
such notice as the nature and urgency of the application permits; and
b
a reasonable opportunity to make written representations.
[Note. See also—
a
rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers;
b
rule 2.10, which provides for extension of the time limit under this rule;
c
rule 3.6 (Application to vary a direction); and
d
rule 50.18 (Case management in the High Court).
For the functions of the High Court for which this rule provides, see the introductory note to Section 3 of Part 50. See also rule 50.30 for the constitution of the High Court when exercising the powers to which that Section of that Part applies.
Under section 36 of the Extradition Act 2003, where an extradition order has been made under Part 1 of the Act and the outcome of an appeal by the defendant is that he or she is to be extradited, then unless the requesting authority and the High Court agree to postpone that starting date the defendant must be removed to the requesting territory within 10 days starting with the day on which the decision of the relevant court on the appeal becomes final or proceedings on the appeal are discontinued.]
Exercise of functions of the Crown CourtI82.7
1
This rule provides for the exercise by an authorised court officer of relevant judicial functions of the Crown Court in a criminal cause or matter.
2
Subject to rule 2.4 and to paragraph (3) of this rule, an authorised court officer may—
a
determine an application to extend a time limit set by a rule or by a judge, including a time limit for the conduct of confiscation proceedings, unless the effect would be—
i
to affect the date of any hearing that has been fixed, including a trial, or
ii
significantly to affect the progress of the case in any other way;
F7b
give a live link direction under section 51 of the Criminal Justice Act 2003 for the participation of a defendant in custody in a preliminary hearing, a sentencing hearing or an enforcement hearing; and
c
exercise the court’s functions listed in rule 23.2 (Appointment of advocate to cross-examine witness) and select such an advocate as that rule describes (but a court officer may not decline to select such an advocate where that rule applies).
3
An authorised court officer may not exercise a function of the court in a case in which a judge so directs.
4
Paragraph (5) of this rule applies where a party or an advocate appointed under rule 23.2 (Appointment of advocate to cross-examine witness) wants a judge to reconsider a decision made by an authorised court officer.
5
Such a party or advocate must—
a
apply for such a reconsideration as soon as reasonably practicable, and in any event no later than the earlier of—
i
the next hearing before a judge, or
ii
the tenth business day after the date on which notice of the decision is served on the applicant;
b
unless the application is made at a hearing, serve the application on—
i
the court officer, and
ii
each other party (if any) affected by the decision; and
c
in the application—
i
specify the decision in issue,
ii
explain why it is appropriate for the decision to be reconsidered and what decision the applicant thinks would be appropriate, and
iii
ask for a hearing, if one is wanted, and explain why it is needed.
6
The judge may determine the application—
a
at a hearing (which may be in public or private), or without a hearing; and
b
in the absence of—
i
the applicant,
ii
each other party (if any) affected by the decision.
7
But the judge must not determine the application in the absence of an affected party unless that party has had—
a
such notice as the nature and urgency of the application permits; and
b
a reasonable opportunity to make representations.
[Note. See also—
a
rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers;
b
rule 2.10, which provides for extension of the time limit under this rule; and
c
rule 3.6 (Application to vary a direction).
For the constitution and powers of the Crown Court, see the note to rule 25.1 (Trial and sentence in the Crown Court; When this Part applies).]
Exercise of functions of a magistrates’ courtI62.8
1
This rule provides for the exercise by an authorised court officer of relevant judicial functions of a magistrates’ court in a criminal cause or matter.
2
Subject to rule 2.4 and to paragraph (12) of this rule, an authorised court officer may—
a
fix, cancel or vary the date, time or place for a hearing, including a trial, or adjourn a hearing;
b
adjourn, remit or transfer proceedings from one local justice area to another;
c
determine an application to extend a time limit set by a rule or by the court, unless the effect would be—
i
to affect the date of any hearing that has been fixed, including a trial, or
ii
significantly to affect the progress of the case in any other way;
d
e
give a prosecutor permission to withdraw a case;
f
grant bail where the defendant already is on bail and—
i
the conditions, if any, to which that bail is subject will remain the same, or
ii
bail conditions will be varied or imposed with both parties’ agreement;
g
give consent for another magistrates’ court to deal with a defendant for an offence in respect of which the defendant, when an adult, was discharged conditionally;
h
order a convicted defendant to produce his or her driving licence;
i
require a statement of the defendant’s assets and other financial circumstances;
j
amend an attendance centre order to—
i
vary the day or hour specified in that order for the defendant’s first attendance, or
ii
substitute an alternative centre;
k
amend the local justice area or responsible officer named in an order of the court;
l
amend a sentence or order by requiring it to be completed in Northern Ireland or Scotland;
m
extend the time for service of a statutory declaration to which applies—
i
rule 44.2 (Statutory declaration of ignorance of proceedings), or
ii
rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice);
n
fix a later time at which a defendant must attend court for the purposes of an enquiry or hearing under section 82 of the Magistrates’ Courts Act 198064 (Restriction on power to impose imprisonment for default);
o
conduct a means enquiry;
p
make a collection order;
q
issue a warrant of control;
r
extend the time for payment of a fine or sum to which Part 30 (Enforcement of fines and other orders for payment) applies;
s
vary an order for the payment by instalments of such a fine or sum;
t
make a transfer of fine order;
u
make a disclosure order under section 125CA Magistrates’ Courts Act 198065 (Power to make disclosure order) for the purposes of securing the execution of a warrant;
v
make an attachment of earnings order;
w
make or withdraw an application for deductions to be made from a defendant’s benefit payments; and
x
take any step listed in paragraph 38 of Schedule 5 to the Courts Act 200366 (range of further steps available against defaulters).
3
In addition to the functions listed in paragraph (2), subject to rule 2.4 and to paragraph (12) of this rule an authorised court officer who is legally qualified may exercise the other functions of a magistrates’ court listed in paragraphs (4) to (11).
4
In connection with the rules about general matters (Parts 1 to 6)—
a
exercising the powers to which section 50 of the Crime and Disorder Act 199867 (Early administrative hearings) refers, where that section applies and subject to the restrictions that it contains;
F8b
giving, varying or revoking a live link direction under sections 51 and 52 of the Criminal Justice Act 2003 for the participation of a defendant in custody in a preliminary hearing, a sentencing hearing or an enforcement hearing;
c
determining an application to extend a time limit set by a rule or by the court;
d
giving, varying or revoking an order for separate or joint trials in respect of two or more defendants or two or more offences, if all parties agree;
e
giving, varying or revoking directions for the conduct of proceedings, including—
i
the timetable for the case,
ii
the attendance of the parties,
iii
the service of documents (including summaries of any legal arguments relied on by the parties),
iv
the manner in which evidence is to be given, insofar as this rule makes no other provision and except the making, varying or revocation of a witness anonymity order;
F1f
where rule 5.10 applies (Request for information determined by the court)—
i
directing service of a request under rule 5.10(2)(a)(ii) (service on a person not specified by the rule),
ii
extending the period for objection under rule 5.10(3), and
iii
determining a request referred to the court under rule 5.9(7) (Request for information by a party or person directly affected by a case) where no notice of objection is given within the time for which rule 5.10(3) provides;
g
imposing a reporting restriction under section 45 of the Youth Justice and Criminal Evidence Act 199969 (identity of a person under 18) where there is no objection to the order;
h
giving permission for proceedings to be recorded; and
i
asking a court security officer to remove a person from a courtroom.
5
In connection with the rules about preliminary proceedings (Parts 7 to 12)—
a
issuing a summons and giving directions for service;
b
under section 4 of the Summary Jurisdiction (Process) Act 188170, endorsing a summons or warrant issued by a court in Scotland;
c
giving a prosecutor permission to withdraw a charge;
d
dismissing a prosecution where the prosecutor offers no evidence;
e
amending a charge; and
f
sending a defendant to the Crown Court for trial where the only condition for sending is—
i
ii
the service of a notice under section 51B or 51C of that Act (prosecutor’s notice requiring sending for trial in a case of serious or complex fraud or a case in which a child is to be called as a witness).
6
In connection with the rules about custody and bail (Parts 13 and 14)—
a
issuing or withdrawing a warrant for a person’s arrest to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of that person to the issue of the warrant; and
b
granting bail where—
i
the defendant is present,
ii
the prosecutor agrees to the grant of bail, and
iii
the conditions, if any, to which that bail will be subject will remain the same as before, or will be varied or imposed with the parties’ agreement.
7
In connection with the rules about evidence (Parts 16 to 23)—
a
requiring a person who has made a written statement to attend before the court to give evidence;
b
issuing a witness summons and giving directions for its service; and
c
exercising the court’s functions listed in rule 23.2 (Appointment of advocate to cross-examine witness) and appointing such an advocate as that rule describes (but a court officer may not decline to appoint such an advocate where that rule applies).
8
In connection with the rules about trial (Parts 24 to 27)—
a
convicting a defendant who has pleaded guilty;
b
requesting a pre-sentence report where a defendant pleads guilty; and
c
directing the commissioning of a medical report.
9
In connection with the rules about appeal (Parts 34 to 44)—
a
stating a case for the opinion of the High Court where the decision under appeal was made by an authorised court officer; and
b
requiring the appellant to enter into a recognizance under section 114 of the Magistrates’ Courts Act 198073 on an application to state a case for the opinion of the High Court.
10
In connection with the rules about costs (Part 45)—
a
making or varying an order for a party to pay costs, if both parties agree;
b
making or varying an order for another person to pay costs, if that person agrees; and
c
making a costs order to which rule 45.4 (Costs out of central funds) applies.
11
In connection with the rules about other proceedings (Parts 46 to 50)—
a
making a legal aid representation order on an appeal against a refusal of legal aid (but a court officer may not decline to make such an order); and
b
determining an application for a change of legal representative.
12
An authorised court officer who is not a justices’ legal adviser may not exercise a function of the court in a case in which a District Judge (Magistrates’ Courts), a lay justice or a justices’ legal adviser so directs.
[Note. See also—
a
rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers; and
b
rule 3.6 (Application to vary a direction).
Under section 148 of the Magistrates’ Courts Act 198074, the expression ‘magistrates’ court’ means any justice or justices of the peace acting under any enactment or by virtue of their commission or under the common law. For a court’s power to try an allegation of an offence, see the note to rule 24.1 (Trial and sentence in a magistrates’ court; When this Part applies).
Under section 50 of the Crime and Disorder Act 199875, where a defendant has been charged with an offence at a police station the magistrates’ court before whom he or she appears or is brought for the first time in relation to the charge may consist of a single justice; and where on such an occasion the powers of a single justice are exercised by an authorised court officer that court officer may not remand the defendant in custody or, without the consent of the prosecutor and the defendant, remand the defendant on bail on conditions other than those (if any) previously imposed.
Under section 8B(3) of the Magistrates’ Courts Act 198076, a magistrates’ court may discharge or vary (or further vary) a pre-trial ruling within the meaning of section 8A of that Act77 if the court has given the parties an opportunity to be heard and if, among other things, there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made.
Under section 53(4) of the Courts Act 200378, a court security officer acting in the execution of that officer’s duty may remove any person from a courtroom at the request of a judge or a justice of the peace.]
Exercise of functions of a District Judge (Magistrates’ Courts) in extradition casesI92.9
1
This rule provides for the exercise by an authorised court officer of relevant judicial functions of a District Judge (Magistrates’ Courts) in a case to which Part 50 (Extradition) applies.
2
Subject to rule 2.4, an authorised court officer who is legally qualified may—
a
fix, cancel or vary the date, time or place for a hearing, including an extradition hearing; and
b
determine an application to extend a time limit set by a rule or by the court, unless the effect would be—
i
to affect the date of any hearing that has been fixed, including an extradition hearing, or
ii
significantly to affect the progress of the case in any other way.
3
An authorised court officer who is not a justices’ legal adviser may not exercise a function of the court in a case in which a District Judge (Magistrates’ Courts) or a justices’ legal adviser so directs.
[Note. See also—
a
rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers;
b
rule 3.6 (Application to vary a direction); and
c
rule 50.4 (Case management in the magistrates’ court and duty of court officer).]
Court’s power to extend time under rule 2.6 or rule 2.7I12.10
1
The court may extend (even after it has expired) a time limit under rule 2.6 (Exercise of functions of the High Court) or rule 2.7 (Exercise of functions of the Crown Court).
2
A party who wants an extension of time must—
a
apply when serving the application for which it is needed; and
b
explain the delay.
F9POWERS OF COURT OFFICERS TO TAKE STATUTORY DECLARATIONS
Rule 2.11 and cross-heading inserted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 4(f)
Taking of statutory declarations by court officers2.11
1
This rule applies to a statutory declaration required by―
a
rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice); or
b
rule 44.2 (Statutory declaration of ignorance of proceedings).
2
A court officer may take a statutory declaration to which this rule applies if that officer is—
a
a justices’ legal adviser;
b
nominated for the purpose by a justices’ legal adviser; or
c
authorised to exercise the function to which rule 2.8(2)(m) refers (extending time for the service of a statutory declaration).
[Note. Section 2 of the Commissioners for Oaths Act 1889allows rules that regulate the procedure of a court to authorise the taking of a statutory declaration by an officer of that court.]
F15JUSTICES’ LEGAL ADVISERS
Rule 2.12 and cross-heading inserted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 3(b)
Duties of justices’ legal adviser2.12
1
This rule applies in relation to a magistrates’ court, including a youth court, that comprises a lay justice or lay justices.
2
A justices’ legal adviser―
a
must provide the court with any legal advice that it needs to carry out its functions, whether the court asks for that advice or not, including advice about―
i
questions of law,
ii
questions of mixed law and fact,
iii
matters of practice and procedure,
iv
relevant judicial decisions that bind the court,
v
the process to be followed to reach a decision,
vi
the process to be followed when sentencing,
vii
the range of penalties and orders available when sentencing and the matters to be taken into account, in accordance with any sentencing guideline that applies, and
viii
any other matter relevant to the case before the court;
b
must allow the parties, if present, an opportunity to make representations to the court about that advice;
c
may ask questions of a party or witness on the court’s behalf to clarify representations and evidence;
d
if necessary must assist the court with the formulation and recording of reasons for its decisions; and
e
may make announcements on the court’s behalf, other than an announcement of—
i
an allocation or sending decision,
ii
an indication of likely sentence, or
iii
a verdict or sentence.
3
To provide the legal advice required by paragraph (2)(a) a justices’ legal adviser must―
a
if necessary, attend the members of the court outside the courtroom; and
b
in that event, inform the parties, if present, of any such advice given there.
4
A justices’ legal adviser must assist a party who has no legal representative—
a
to understand what the court requires and why;
b
to provide information required by the court to prepare for trial or to carry out its other functions; and
c
if necessary, to make representations to the court or to give evidence.
5
In performing the functions for which these Rules provide a justices’ legal adviser―
a
must avoid the appearance of advocacy for a party;
b
must adhere to the same principles that apply to courts of independence, impartiality, integrity, propriety, competence, diligence and ensuring fair treatment; and
c
may consult with other justices’ legal advisers.
[Note. Section 28 of the Courts Act 2003provides for persons authorised by the Lord Chief Justice to give advice to justices of the peace about matters of law. Such a person may be authorised for that purpose only if appointed under section 2(1) of that Act and possessed of such qualifications as may be prescribed. Section 29 of the 2003 Actprovides that the Lord Chief Justice may give directions to such a person but that, apart from that, such a person is not subject to the direction of the Lord Chancellor or anyone else when exercising functions under section 28.
See also rule 2.2 (Definitions).
The following rules impose specific duties on a justices’ legal adviser in addition to those listed in this rule―
a
rule 9.4 (duty of justices’ legal adviser during allocation and sending for trial);
b
rule 14.3 (duty of justices’ legal adviser in proceedings about bail and custody time limits);
c
rule 24.14 (duty of justices’ legal adviser during trial and sentence in a magistrates’ court);
d
rule 30.2 ((duty of justices’ legal adviser in proceedings about the enforcement of fines and other orders for payment);
e
rule 35.4 (duty of justices’ legal adviser on an application to a magistrates’ court to state a case for the High Court); and
f
rule 47.25 (duty of justices’ legal adviser on an application to a magistrates’ court for a search warrant).]
Pt. 2 heading substituted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 3(a)