These Rules amend the Crown Court Rules 1982, S.I. 1982/1109, as follows:
rule 2 is amended to include definitions relevant to new rules 5B, 11A and 11B.
new rule 5B is added to provide for the exercise of the Crown Court’s power in civil proceedings to give a live link direction.
new rule 5C is added to provide for the exercise of the Crown Court’s power in civil proceedings to facilitate the giving of evidence by a witness by any of the means listed in the rule.
new rules 11A to 11C are added to accommodate the provision for appeal to the Crown Court in civil proceedings under the Domestic Abuse Act 2021, the principal sections of which Act supplemented by these Rules are:
sections 46 and 47, which provide for appeal to the Crown Court from the decision of a magistrates’ court on an application under section 28 for a domestic abuse protection order and on an application under section 44 to vary or discharge such an order. An appeal may be brought by the person for whose protection the domestic abuse protection order was sought, by the defendant against whom an order was made, or by the relevant chief officer of police (as defined by the Act).
section 49, which allows the court to direct the same special measures for witnesses under the Youth Justice and Criminal Evidence Act 1999 as can be directed under that Act in criminal proceedings.
rule 28 is replaced to align the provision for service of documents with the corresponding provision in civil proceedings in magistrates’ courts.
rules 29, 30, 31, 32 and 33 are replaced with rules about access to Crown Court records in civil proceedings and publication of information about court hearings in such proceedings.
rules which refer to other legislation now superseded are amended.
rules superseded by Criminal Procedure Rules are omitted.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
These Rules come into force on 8thApril 2024.