PART 2F6UNDERSTANDING AND APPLYING THE RULES; POWERS AND DUTIES OF COURT OFFICERS AND JUSTICES’ LEGAL ADVISERS

Annotations:
Amendments (Textual)

UNDERSTANDING AND APPLYING THE RULES

When the Rules applyI12.1

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.

F44

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).

F15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[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.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5Amendments 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.]