Crown Court Rules 1982
| Jurisdiction | UK Non-devolved |
| Citation | SI 1982/1109 |
| Year | 1982 |
1982 No. 1109 (L. 22)
SUPREME COURT OF ENGLAND AND WALES
The Crown Court Rules 198227thJuly 1982
16thAugust 1982
1stOctober 1982
ARRANGEMENT OF RULES
PART I
INTRODUCTION
1. Citation, commencement, revocations and transitionals.
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. Appointment of guardian ad litem.
10. Provisions supplementary to Rule 9.
11. Abandonment of appeal.
PART IV
COSTS BETWEEN PARTIES IN CROWN COURT
12. Jurisdiction to award costs.
13. Costs in proceedings from which appeal is brought.
14. Taxation.
15. Review by taxing authority.
16. Further review by Taxing Master.
17. Appeal to High Court judge.
18. Supplementary provisions.
PART V
MISCELLANEOUS
19. Applications to Crown Court relating to bail.
20. Supplementary provisions about bail.
21. Estreat of recognizances.
22. Conditional witness order.
23. Setting aside witness summons.
24. Time limits for beginning of trials.
25. Appeal against refusal to excuse from jury service.
26. Application to Crown Court to state case.
27. Business in chambers.
28. Service of documents.
29. References to the European Court.
Schedules:
Schedule 1—Revocations.
Schedule 2—Transitional provisions.
Schedule 3—Enactments relating to appeals to Crown Court.
Schedule 4—Form of notice of application relating to bail in the Crown Court.
We, the Crown Court Rule Committee, in exercise of the powers conferred upon us by section 9(3) of the Juries Act 1974(a), sections 5(1) and 8(4) of the Bail Act 1976(b) and sections 52, 73(2), 74(2), (3) and (7), 77, 81(2), 84(1) and (2), 86 and 87(5) of the Supreme Court Act 1981(c), hereby make the following Rules:—
PART I
INTRODUCTION
Citation, commencement, revocations and transitionals
1.—(1) These Rules may be cited as the Crown Court Rules 1982 and shall come into operation on 1st October 1982.
(2) Subject to paragraph (3), the instruments specified in Schedule 1 are hereby revoked.
(3) The transitional provisions in Schedule 2 shall have effect.
(a) 1974 c.23.
(b) 1976 c.63.
(c) 1981 c.54.
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.
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 74(4) of the Supreme Court Act 1981, 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.
(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 in which the premises to which the appeal relates are situated.
(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 in which the premises to which the appeal relates are situated.
(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 37 of the Magistrates' Courts Act 1980(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.
(5) On the hearing of an appeal from a magistrates' court under section 8 of the Affiliation Proceedings Act 1957(f), the Crown Court shall consist of a judge sitting with two justices each of whom is a member of a domestic court panel and who are chosen so that the Court shall include a man and a woman.
(a) 1964 c.26.
(b) 1963 c.2.
(c) 1968 c.65.
(d) 1980 c.43.
(e) 1959 c.72.
(f) 1957 c.55.
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 74(1) of the Supreme Court Act 1981 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 a case to which paragraph (5) of that Rule applies, one justice who is a member of a domestic court panel;
(e) 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) Without prejudice to paragraph (1), immediately after the conclusion of a person's trial on indictment for an offence or the determination of a person's appeal to the Crown Court in respect of his conviction by a magistrates' court for an offence, the Crown Court may enter on proceedings on his committal to the Crown Court for sentence in respect of any other offence notwithstanding that the Crown Court is not constituted as required by section 74(1) of the Supreme Court Act 1981 or paragraph (1)(e).
(3) 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 37 or 38 of the Magistrates' Courts Act 1980 by a court of which he was a member.
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) Without prejudice to Rule 7(5), this Part of these Rules shall have effect subject to the provisions of the enactments specified in Part I of Schedule 3 (being enactments which make special procedural provisions in respect of certain appeals), and those enactments shall have effect subject to the amendments set out in Part II of that Schedule (being amendments reproducing amendments made by Rule 6(2) of, and Part II of Schedule 1 to, the Crown Court Rules 1971(a)).
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 the case of an appeal under section 81B of the Licensing Act 1964(b) against a decision of licensing justices, to the clerk to the 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.
(3) Notice of appeal shall be given not later than 21 days after the day on which the decision appealed against is given and, for this purpose, where the court has adjourned the trial of an information after conviction, that day shall be the day on which the court sentences or otherwise deals with the offender:
Provided that, where a court exercises its power to defer sentence under section 1(1) of the Powers of Criminal Courts Act 1973(c), that day shall, for the purposes of an appeal against conviction, be the day on which the court exercises that power.
(4) A notice of appeal shall state—
(a) in the case of an appeal arising out of a conviction by a magistrates' court, whether the appeal is against conviction or sentence or both; and
(b) in the case of an appeal under an enactment listed in Part III of Schedule 3, the grounds of appeal.
(5) The time for giving notice of appeal (whether prescribed under paragraph (3), or under an enactment listed in Part I of Schedule 3) 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.
(a) S.I. 1971/1292.
(b) Section 81B was inserted into the Licensing Act 1964 by section 3 of the Licensing (Amendment) Act 1980 (c.40).
(c) 1973 c.62.
(7) Where the Crown Court extends the time for giving notice of appeal...
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