Crown Court Rules 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 1971/1292 |
| Year | 1971 |
1971 No. 1292 (L. 33)
SUPREME COURT OF JUDICATURE, ENGLAND
The Crown Court Rules 19713rdAugust 1971
16thAugust 1971
1stJanuary 1972
ARRANGEMENT OF RULES
PART I
INTRODUCTION
1. Citation and commencement.
2. Interpretation.
PART II
JUSTICES AS JUDGES OF CROWN COURT
3. Number and qualification of justices.
4. Dispensations for special circumstances.
5. Disqualifications.
PART III
APPEALS TO THE CROWN COURT
6. Application of Part III.
7. Notice of appeal.
8. Entry of appeal and notice of hearing.
9. Abandonment of appeal.
PART IV
COSTS BETWEEN PARTIES IN CROWN COURT
10. Jurisdiction to award costs.
11. Costs in proceedings from which appeal is brought.
12. Taxation.
13. Review by taxing authority.
14. Further review by Taxing Master.
15. Appeal to High Court judge.
16. Supplementary provisions.
PART V
MISCELLANEOUS
17. Applications to Crown Court for bail.
18. Supplementary provisions about bail.
19. Time limits for beginning of trials.
20. Appeal against refusal to excuse from jury service.
21. Application to Crown Court to state case.
22. Business in chambers.
23. Service of documents.
24. Repeal of enactments.
Schedules:
Schedule 1—Enactments relating to appeals to Crown Court.
Schedule 2—Form of notice of application for bail.
Schedule 3—Repeal of enactments.
We, the Crown Court rule committee, in exercise of the powers conferred upon us by sections 5(2) and (6), 7(4), 13(5), 14(1) and (2), 15, 34(3) and 50 of the Courts Act 1971(a), hereby make the following Rules:—
PART I
INTRODUCTION
Citation and commencement
1. These Rules may be cited as the Crown Court Rules 1971 and shall come into operation on 1st January 1972.
Interpretation
2.—(1) In these Rules, unless the context otherwise requires, any reference to a judge is a reference to a judge of the High Court or a Circuit judge or a Recorder ; "justice" means a justice of the peace ; and "Taxing Master" means a Master of the Supreme Court (Taxing Office).
(2) In these Rules any reference to a Rule or Schedule shall be construed as a reference to a Rule contained in these Rules or, as the case may be, to a Schedule thereto; and any reference in a Rule to a paragraph shall be construed as a reference to a paragraph of that Rule.
(3) The Interpretation Act 1889(b) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
PART II
JUSTICES AS JUDGES OF CROWN COURT
Number and qualification of justices
3.—(1) Subject to the provisions of Rule 4 and to any directions under section 5(5) of the Courts Act 1971, on any proceedings to which a subsequent paragraph of this Rule applies, the number of justices sitting to hear the proceedings and the qualification of those justices shall be as specified in that paragraph.
(a) 1971 c. 23.
(b) 1889 c. 63.
(2) On the hearing of an appeal against a decision of licensing justices under the Licensing Act 1964(a) the Crown Court shall consist of a judge sitting with four justices, each of whom is a member of a licensing committee appointed under Schedule 1 to that Act and two (but not more than two) of whom are justices for the petty sessions area comprising the premises to which the appeal relates.
(3) On the hearing of an appeal against a decision of any authority under the Betting, Gaming and Lotteries Act 1963(b) or the Gaming Act 1968(c), the Crown Court shall consist of a judge sitting with four justices, two (but not more than two) of whom are justices for the petty sessions area comprising the premises to which the appeal relates.
(4) On the hearing of an appeal from a juvenile court or of proceedings on committal by a juvenile court to the Crown Court under section 28 of the Magistrates' Courts Act 1952(d) or section 67 of the Mental Health Act 1959(e) the Crown Court shall consist of a judge sitting with two justices each of whom is a member of a juvenile court panel and who are chosen so that the Court shall include a man and a woman.
Dispensations for special circumstances
4.—(1) The Crown Court may enter on any appeal or any proceedings on committal to the Court for sentence notwithstanding that the Court is not constituted as required by section 5(1) of the Courts Act 1971 or Rule 3 if it appears to the judge that the Court could not be so constituted without unreasonable delay and the Court includes—
(a) in a case to which paragraph (2) of that Rule applies, at least two justices each of whom is a member of a committee specified in that paragraph, provided that the Court includes a justice for the petty sessions area so specified and a justice for some other area;
(b) in a case to which paragraph (3) of that Rule applies, at least two justices including a justice for the petty sessions area so specified and a justice for some other area;
(c) in a case to which paragraph (4) of that Rule applies, one justice who is a member of a juvenile court panel;
(d) in any other case, one justice:
Provided that the judge may sit without one or both of the justices required by sub-paragraphs (a) and (b) above if the parties appearing at the hearing of the appeal agree.
(2) The Crown Court may at any stage continue with any proceedings with a Court from which any one or more of the justices initially comprising the Court has withdrawn, or is absent for any reason.
Disqualifications
5. A justice of the peace shall not sit in the Crown Court on the hearing of an appeal in a matter on which he adjudicated or of proceedings on committal of a person to the Court for sentence under section 28 or 29 of the Magistrates' Courts Act 1952 by a court of which he was a member.
(a) 1964 c. 26.
(b) 1963 c. 2.
(c) 1968 c. 65.
(d) 1952 c. 55.
(e) 1959 c. 72.
PART III
APPEALS TO THE CROWN COURT
Application of Part III
6.—(1) Subject to the following provisions of this Rule, this Part of these Rules shall apply to every appeal which by or under any enactment lies to the Crown Court from any court, tribunal or person.
(2) This Part of these Rules shall have effect subject to the provisions of the enactments listed in Part I of Schedule 1 (being enactments which make special procedural provisions in respect of certain appeals) which enactments shall be amended in accordance with Part II of that Schedule.
Notice of appeal
7.—(1) An appeal shall be commenced by the appellant's giving notice of appeal in accordance with the following provisions of this Rule.
(2) The notice required by the preceding paragraph shall be in writing and shall be given—
(a) in a case where the appeal is against a decision of a magistrates' court, to the clerk of the magistrates' court;
(b) in any other case, to the appropriate officer of the Crown Court; and
(c) in any case, to any other party to the appeal.
(3) Notice of appeal shall be given within 21 days after the day on which the decision appealed against is given and, in the case of an appeal arising out of a conviction by a magistrates' court, shall state whether the appeal is against conviction or sentence or both.
(4) For the purposes of the preceding paragraph, the day on which a decision of a magistrates' court is given shall, where the court has adjourned the trial of an information after conviction, be the day on which the court sentences or otherwise deals with the offender.
(5) The time for giving notice of appeal may be extended, either before or after it expires, by the Crown Court, on an application made in accordance with paragraph (6).
(6) An application for an extension of time shall be made in writing, specifying the grounds of the application and sent to the appropriate officer of the Crown Court.
(7) Where the Crown Court extends the time for giving notice of appeal, the appropriate officer of the Crown Court shall give notice of the extension to the appellant and, in the case of an appeal from the decision of a magistrates' court, to the clerk of that court; and the appellant shall give notice of the extension to any other party to the appeal.
Entry of appeal and notice of hearing
8. On receiving notice of appeal, the appropriate officer of the Crown Court shall enter the appeal and give notice of the time and place of the hearing to the appellant, any other party to the appeal and, where the appeal is against a decision of a magistrates' court, to the clerk of the magistrates' court.
Abandonment of appeal
9.—(1) Without prejudice to the power of the Crown Court to give leave for an appeal to be abandoned, an appellant may abandon an appeal by giving notice in writing, in accordance with the following provisions of this Rule, not later than the third day before the day fixed for hearing the appeal.
(2) The notice required by the preceding paragraph shall be given—
(a) in a case where the appeal is against a decision of a magistrates' court, to the clerk of the magistrates' court ;
(b) in the case of an appeal under section 21 of the Licensing Act 1964, to the clerk to the licensing justices ;
(c) in any other case, to the appropriate officer of the Crown Court ; and
(d) in any case, to any other party to the appeal;
and, in the case of an appeal mentioned in sub-paragraph (a) or (b), the appellant shall send a copy of the notice to the appropriate officer of the Crown Court.
(3) For the purposes of determining whether notice of abandonment was given...
To continue reading
Request your trial