The Criminal Procedure (Amendment) Rules 2023

Amendments to the Criminal Procedure Rules

5.  In Part 5 (Forms and court records)—

(a) in rule 5.8 (Request for information about a case)—

(i) for paragraph (1) substitute—

“(1) This rule—

(a) applies where anyone, including a member of the public or a reporter, requests information about a case including information contained in materials kept by the court officer for the purposes of the case; but

(b) does not apply if rule 5.12 applies (Request for written certificate or extract for use in evidence, etc.).”,

(ii) in paragraph (4)(c)(ii) for “about bail” substitute “to grant or withhold bail, or to impose or vary a bail condition”,

(iii) at the end of paragraph (4)(g) omit “and”,

(iv) at the end of paragraph (4)(h) insert “; and”, and

(v) after paragraph (4)(h) insert—

“(i) notice that reporting restrictions may apply to the publication of information supplied under this rule.”; and

(b) in rule 5.12 (Request for written certificate or extract for use in evidence, etc.)—

(i) in paragraph (1), in the words before sub-paragraph (a), after “legislation” insert “other than these Rules”,

(ii) in paragraph (1)(b) for “such a certificate or extract” substitute “information about a case, including information contained in materials kept by the court officer for the purposes of the case,”,

(iii) in paragraph (2), in the words before sub-paragraph (a), after “extract” insert “, or such information,”,

(iv) in paragraph (2)(b) and in paragraph (3) for “or extract” in each place it occurs substitute “, extract or information”, and

(v) for the second paragraph of the note to the rule substitute—

“Examples of legislation to which paragraph (1)(b) of this rule applies include (this is not a complete list)—

(a) section 17 of the Criminal Appeal Act 1995(1), under which information may be required by the Criminal Cases Review Commission;

(b) section 115 of the Crime and Disorder Act 1998(2), under which information may be supplied to specified authorities for the purposes of that Act; and

(c) article 7 of the Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021(3), under which information may be required to assist in a review of Scottish criminal records concerning a time at which the subject of those records was under 12 years old.]”

(1)

1995 c. 35; section 17 was amended by section 1 of the Criminal Cases Review Commission (Information) Act 2016 (c. 17).

(2)

1998 c. 37; section 115 was amended by paragraphs 150 and 151 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43), paragraph 35 of Schedule 1 to S.I. 2000/90, section 97 of the Police Reform Act 2002 (c. 30), paragraph 25 of Schedule 1 to S.I. 2002/2469, section 219 of the Housing Act 2004 (c. 34), section 22 of, and paragraphs 1 and 7 of Schedule 9 to, the Police and Justice Act 2006 (c. 48), paragraph 29 of the Schedule to S.I. 2007/961, section 29 of the Transport for London Act 2008 (c. i), paragraph 13 of Schedule 1 to S.I. 2008/912, paragraphs 109 and 111 of Schedule 2 to S.I. 2010/866, section 98 of, and paragraphs 231 and 238 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c. 13), paragraphs 83 and 90 of Schedule 5 to the Health and Social Care Act 2012 (c. 7), article 26 of, and paragraph 30 of Schedule 2 to, S.I. 2013/602, paragraphs 78 and 80 of Schedule 1 and paragraphs 103 and 106 of Schedule 2 to the Policing and Crime Act 2017 (c. 3) and paragraph 1 of Schedule 1 and paragraphs 51 and 57 of Schedule 4 to the Health and Care Act 2022 (c. 31).

(3)

S.I. 2021/1458.