The Criminal Procedure Rules 2020

General powers and requirementsE+W

This section has no associated Explanatory Memorandum

25.2.—(1) Where this Part applies, the general rule is that—

(a)the trial must be in public, but that is subject to the court’s power to—

(i)impose a restriction on reporting what takes place at a public hearing, or public access to what otherwise would be a public hearing,

(ii)withhold information from the public during a public hearing, or

(iii)order a trial in private;

(b)the court must not proceed if the defendant is absent, unless the court is satisfied that—

(i)the defendant has waived the right to attend, and

(ii)the trial will be fair despite the defendant’s absence; and

(c)the court must not sentence the defendant to imprisonment or detention unless—

(i)the defendant has a legal representative,

(ii)the defendant has been sentenced to imprisonment or detention on a previous occasion in the United Kingdom, or

(iii)the defendant could have been represented under legal aid but is not because [F1section 226(7), (8) of the Sentencing Act 2020] applies to him or her.

[F2(2) Before proceeding to trial the court must—

(a)if more than one indictment has been preferred or proposed—

(i)identify the indictment or indictments on which the prosecutor wants the defendant to be tried, and

(ii)identify any indictment or count in an indictment on which the prosecutor does not want to proceed;

(b)obtain the prosecutor’s confirmation, in writing or orally, that each indictment on which the defendant is about to be tried sets out—

(i)a statement of each offence that the prosecutor wants the court to try, and

(ii)such particulars of the conduct constituting the commission of each such offence as the prosecutor relies upon to make clear what is alleged;

(c)ensure that the defendant is correctly identified by each indictment on which the defendant is about to be tried;

(d)satisfy itself that each allegation has been explained to the defendant, in terms the defendant can understand (with help, if necessary); and

(e)invite any objection to the terms or validity of any indictment on which the defendant is about to be tried.]

(3) The court may adjourn the trial at any stage.

[F3(4) Subject to paragraph (5), unless the court otherwise directs no further proceedings may be taken on an indictment or count in an indictment on which under this rule the prosecutor chooses not to proceed.

(5) Paragraph (4) does not apply to any count in an indictment which becomes a count in the indictment required by rule 25.16(3)(e) (substituted indictment for sentencing purposes).]

[Note. [F4See section 226(7), (8) of the Sentencing Act 2020, which] applies to a defendant if—

(a)representation was made available to the defendant for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the defendant’s conduct or because it appeared that the defendant’s financial resources were such that he or she was not eligible for such representation;

(b)the defendant applied for such representation and the application was refused because it appeared that the defendant’s financial resources were such that he or she was not eligible for such representation; or

(c)having been informed of the right to apply for such representation and having had the opportunity to do so, the defendant refused or failed to apply.

Part 6 contains rules about reporting, etc. restrictions. For a list of the court’s powers to impose reporting and access restrictions, see the note to rule 6.1.

Part 10 contains rules about the content and service of indictments. Under section 2(6ZA) of the Administration of Justice (Miscellaneous Provisions) Act 1933(1), no objection to the indictment may be taken after the trial commences by reason of any failure to observe those rules.]

Textual Amendments

F1Words in rule 25.2(1)(c)(iii) substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 13(a)(i)

Commencement Information

I1Rule 25.2 in force at 5.10.2020, see Preamble

(1)

1933 c. 36; section 2(6ZA) was inserted by section 116 of the Coroners and Justice Act 2009 (c. 25).