The Criminal Procedure Rules 2020

Exercise of functions of the Crown Court

2.7.—(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;

(b) give a live link direction under section 57B, 57E or 57F of the Crime and Disorder Act 1998(1) (Use of live link at preliminary hearings where accused is in custody; Use of live link in sentencing hearings; Use of live link in certain enforcement hearings); 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).]

(1)

1998 c. 37; sections 57A to 57E were substituted for section 57 as originally enacted by section 45 of the Police and Justice Act 2006 (c. 48). Sections 57B and 57E were amended, and section 57F was inserted, by section 106 of the Coroners and Justice Act 2009 (c. 25).