The Criminal Procedure (Amendment No. 2) Rules 2023

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Criminal Procedure Rules 2020, S.I. 2020/759, as follows:

Rule	Amendment
Part 2	Rule 2.12 is added to provide in one place for the principal duties of justices’ legal advisers.
Part 3	Rule 3.2 is amended to provide in one place for the (statutory) requirement for a defendant to give name and date of birth and the (common law) requirement to give an address, and to supply the procedure on a failure to give name and date of birth. Rule 3.5 is amended to codify the criteria relevant to the court’s power to adjourn.
Part 5	Rules 5.1 and 5.2 are amended to accommodate the provision for forms made by the Criminal Practice Directions 2023 issued by the Lord Chief Justice on 19th April 2023. Rule 5.5 is amended to require the recording of a hearing in the Crown Court on an application under Part 47 for an investigation order or warrant. Rule 5.11 is amended to distinguish between the information about a case published in a court building and online and to accommodate the effect of statutory amendments to the single justice procedure. Rule 5.12 is amended further to clarify the circumstances in which information from court records can be supplied under legislation other than Criminal Procedure Rules.
Part 7	New rules 7.5 and 7.6 are added to supply the procedure on a defendant’s attendance at a magistrates’ court in custody after arrest for an offence.
Part 14	New rules 14.16 and 14.17 are added to supply the procedure on a defendant’s attendance at court in custody after arrest for breach of bail.
Part 18	Rule 18.8 is amended to provide for the setting of a timetable for a pre-trial video recorded cross-examination and re-examination of a witness.
Part 24	Rule 24.9 is amended to accommodate amendments to the single justice procedure made by the Judicial Review and Courts Act 2022 which allow a defendant to enter a guilty plea online and accept conviction and a prescribed penalty. Rule 24.11 is amended to supply the procedure on an application to read a victim personal statement in a youth court.
Part 31	Rule 31.3 is amended to accommodate serious disruption prevention orders under the Public Order Act 2023. Rule 31.5 is amended to codify the court’s power in specified circumstances to determine without a hearing an application to vary, etc. a behaviour order. New rules 3.10 and 3.11 are added to codify the procedure on a binding over.
Part 37	Rules 37.3 and 37.5 are amended to provide for the online publication by the Registrar of Criminal Appeals of judgments frequently cited in proceedings in the Court of Appeal, criminal division.
Part 38	Rules 38.4 and 38.7 are amended for the same reason as are rules 37.3 and 37.5.
Part 39	Rules 39.3 and 39.6 are amended for the same reason as are rules 37.3 and 37.5.
Part 41	Rules 41.3 and 41.4 are amended for the same reason as are rules 37.3 and 37.5.
Part 46	Rule 46.3 is replaced with new rules 46.3, 46.4 and 46.5 to clarify the procedure on an application by a defendant with legal aid to select a different legal representative and on an application by the current representative of such a defendant to withdraw.
Part 48	Rules 48.8 and 48.10 are amended to codify the criteria governing the court’s power to punish for contempt of court.

Amendments consequent on other amendments. The following other rules are amended or renumbered in consequence of the rule amendments listed above: Part 2 (heading), 3.16, 3.21, 5.8, 9.2, 9.4, 14.3, 14.16, 14.17, 18.9, 24.1 (note), 24.13, 24.14, 24.15, 28.4, 30.2, 31.1, 31.2, 31.9, 31.10, 35.4, 44.1, 44.2, 47.3 and 47.25. The rules and notes to rules listed in the Schedule to these Rules are amended in consequence of the amendments to rules 5.1 and 5.2 of the Criminal Procedure Rules.

Correction of error. Rule 31.2(2) is amended to correct the reference to the time limit for which that rule provides.

These Rules come into force on 2nd October 2023.