3.32.—[F2(1) In order to take the defendant’s plea, the Crown Court must—
(a)if more than one indictment has been preferred or proposed, or more than one draft indictment has been presented where rule 10.3 applies—
(i)identify the indictment or indictments that the prosecutor wants to be read to or placed before the defendant under this rule, and
(ii)identify any draft indictment, 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—
(i)that each indictment (or draft indictment, as the case may be) that the prosecutor wants to be read to or placed before the defendant sets out a statement of each offence that the prosecutor wants the court to try and such particulars of the conduct constituting the commission of each such offence as the prosecutor relies upon to make clear what is alleged, and
(ii)of the order in which the prosecutor wants the defendants’ names to be listed in each indictment, if the prosecutor proposes that more than one defendant should be tried at the same time;
(c)ensure that the defendant is correctly identified by each indictment or draft indictment that the prosecutor wants to be read to or placed before the defendant;
(d)satisfy itself that each allegation has been explained to the defendant, in terms the defendant can understand (with help, if necessary); and
(e)in respect of each count on which the prosecutor wants to proceed—
(i)read the count aloud to the defendant, or arrange for it to be read aloud or placed before the defendant in writing,
(ii)ask whether the defendant pleads guilty or not guilty to the offence charged by that count, and
(iii)take the defendant’s plea.]
(2) Where a count is read which is substantially the same as one already read aloud, then only the materially different details need be read aloud.
(3) Where a count is placed before the defendant in writing, the court must summarise its gist aloud.
(4) In respect of each count in [F3an indictment read to or placed before the defendant] —
(a)if the defendant declines to enter a plea, the court must treat that as a not guilty plea unless rule 25.10 applies (Defendant unfit to plead);
(b)if the defendant pleads not guilty to the offence charged by that count but guilty to another offence of which the court could convict on that count—
(i)if the prosecutor and the court accept that plea, the court must treat the plea as one of guilty of that other offence, but
(ii)otherwise, the court must treat the plea as one of not guilty; and
(c)if the defendant pleads a previous acquittal or conviction of the offence charged by that count—
(i)the defendant must identify that acquittal or conviction in writing, explaining the basis of that plea, and
(ii)the court must exercise its power to decide whether that plea disposes of that count.
(5) In a case in which a magistrates’ court sends the defendant for trial, the Crown Court must take the defendant’s plea—
(a)not less than 10 business days after the date on which that sending takes place, unless the parties otherwise agree; and
(b)not more than 80 business days after that date, unless the court otherwise directs (either before or after that period expires).
[F4(6) Unless the court otherwise directs, no further proceedings may be taken on a draft indictment, indictment or count in an indictment on which under this rule the prosecutor chooses not to proceed.]
[Note. See section 6 of the Criminal Law Act 1967(1), section 77 of the Senior Courts Act 1981(2) and section 122 of the Criminal Justice Act 1988(3). Part 10 contains rules about the content and service of indictments: see in particular rule 10.2 (The indictment: general rules).
Under section 6(2) of the 1967 Act, on an indictment for murder a defendant may instead be convicted of manslaughter or another offence specified by that provision. Under section 6(3) of that Act, on an indictment for an offence other than murder or treason a defendant may instead be convicted of another offence if—
(a)the allegation in the indictment amounts to or includes an allegation of that other offence; and
(b)the Crown Court has power to convict and sentence for that other offence.]
Textual Amendments
F1Rule 3.32 heading substituted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 5(e)(i)
F2Rule 3.32(1) substituted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 5(e)(ii)
F3Words in rule 3.32(4) substituted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 5(e)(iii)
F4Rule 3.32(6) inserted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 5(e)(iv)
Commencement Information
I1Rule 3.32 in force at 5.10.2020, see Preamble
1967 c. 58; section 6 was amended by paragraph 41 of Schedule 36 to the Criminal Justice Act 2003 (c. 44) and section 11 of the Domestic Violence, Crime and Victims Act 2004 (c. 28).
1981 c. 54; section 77 was amended by section 15 of, and paragraph 11 of Schedule 2 to, the Criminal Justice Act 1987 (c. 38), section 168 of, and paragraph 18 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 41 of, and paragraph 54 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44) and article 3 of, and paragraphs 11 and 13 of the Schedule to, SI 2004/2035. It is further amended by section 31 of, and paragraph 11 of Schedule 1 and Schedule 2 to, the Prosecution of Offences Act 1985 (c. 23) with effect from a date to be appointed.