The Criminal Procedure Rules 2020

Application to Crown Court for summons or warrant E+W

27.6.—(1) This rule applies where―

(a) the prosecutor has served on the Registrar an application under rule 27.4 (Application for order for retrial);

(b) the defendant is not in custody as a result of arrest under section 88 of the Criminal Justice Act 2003(1) (Bail and custody before application); and

(c) the prosecutor wants the Crown Court to issue—

(i) a summons requiring the defendant to appear before the Court of Appeal at the hearing of the prosecutor’s application, or

(ii) a warrant for the defendant’s arrest

under section 89 of the 2003 Act(2) (Bail and custody before hearing).

(2) The prosecutor must—

(a) apply in writing; and

(b) serve the application on the Crown Court officer.

(3) The application must—

(a) explain what the case is about, including a brief description of the defendant’s acquittal, the new evidence and the stage that the application to the Court of Appeal has reached;

(b) specify—

(i) the decision that the prosecutor wants the Crown Court to make,

(ii) each offence charged, and

(iii) any relevant previous bail decision and the reasons given for it; and

(c) propose the terms of any suggested condition of bail.

[Note. Under section 87 of the Criminal Justice Act 2003(3), in the circumstances prescribed by that section a justice of the peace may issue a warrant for the arrest of the defendant who was acquitted and that defendant may be charged with an offence that is to be the subject of an application to the Court of Appeal under rule 27.4.

Under section 88 of the 2003 Act, in the circumstances prescribed by that section a defendant who has been arrested and charged must be brought before the Crown Court and that court must either grant bail for that defendant to attend the Court of Appeal on the hearing of an application under rule 27.4, or remand the defendant in custody.

Under section 89 of the 2003 Act, where the prosecutor has made an application to the Court of Appeal under rule 27.4—

(a) if the defendant is in custody, the Crown Court must decide whether to remand him or her in custody to be brought before the Court of Appeal or to grant bail for that purpose; or

(b) if the defendant is not in custody, and if the prosecutor so applies, the Crown Court may either issue a summons for the defendant to attend the Court of Appeal or issue a warrant for the defendant’s arrest.]

Commencement Information

I1 Rule 27.6 in force at 5.10.2020, see Preamble

(1)

2003 c. 44; section 88 is amended by section 148 of, and paragraphs 59 and 63 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c. 4), with effect from a date to be appointed.

(2)

2003 c. 44.

(3)

2003 c. 44.