The Criminal Procedure (Amendment) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/908 |
| Year | 2019 |
2019 No. 908
Exiting The European Union
Court Of Judicature, Northern Ireland
Magistrates’ Courts, Northern Ireland
Senior Courts Of England And Wales
Magistrates’ Courts, England And Wales
The Criminal Procedure (Amendment) (EU Exit) Regulations 2019
Made 23th April 2019
Laid before Parliament 2nd May 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
PART 1
Introduction
Citation and commencement
1. These Regulations—
(a) amend—
(i) the Crown Court Rules (Northern Ireland) 19792,
(ii) the Magistrates’ Courts Rules (Northern Ireland) 19843, and
(iii) the Criminal Procedure Rules 20154;
(b) may be cited as the Criminal Procedure (Amendment) (EU Exit) Regulations 2019; and
(c) come into force on exit day.
Extent
2.—(1) Except as provided in paragraph (2), these Regulations extend to Northern Ireland and England and Wales.
(2) An amendment made by these Regulations has the same extent as the provision to which it applies.
Transitional and saving provision
3.—(1) This regulation applies to a case in which a transitional or saving provision of one of the following instruments preserves a right, discretion or duty conferred or imposed by legislation which that instrument repeals, revokes or amends—
(a)
(a) the Law Enforcement and Security (Amendment) (EU Exit) Regulations 20195;
(b)
(b) the Criminal Justice (Amendment etc.) (EU Exit) Regulations 20196.
(2) To the extent that such a right, discretion or duty is preserved—
(a)
(a) the amendments made by these Regulations do not apply; and
(b)
(b) the provisions of the instruments listed in regulation 1(a) of these Regulations applicable to the exercise of that right, discretion or duty continue to apply.
Interpretation
4.—(1) In Part 2 of these Regulations a reference to a rule by number alone means the rule so numbered in the Crown Court Rules (Northern Ireland) 1979.
(2) In Part 3 of these Regulations a reference to a rule by number alone means the rule so numbered in the Magistrates’ Courts Rules (Northern Ireland) 1984.
(3) In Part 4 of these Regulations a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2015.
PART 2
Amendments to the Crown Court Rules (Northern Ireland) 1979
5.—(1) Omit the following—
(a)
(a) rule 58A (notice of application for a domestic freezing order);
(b)
(b) rule 58B (variation or revocation of a domestic freezing order);
(c)
(c) rule 60A (consideration of an overseas freezing order);
(d)
(d) rule 60B (release of evidence subject to an overseas freezing order);
(e)
(e) rule 62A (record of telephone link before a nominated court); and
(f)
(f) rules 62C to 62M (applications under the Criminal Justice (European Investigation Order) Regulations 2017).
(2) In rule 61 (interpreter for the purposes of proceedings involving a television or telephone link)—
(a)
(a) in the title, omit “or telephone”;
(b)
(b) in sub-paragraph (1), omit “or section 31(4) (hearing witnesses in the UK by telephone)”;
(c)
(c) in sub-paragraph (2), omit “or 2”;
(d)
(d) in sub-paragraph (3), omit “or, as the case may be, section 31(1)”.
(3) In rule 62B (restriction on access to records kept under rules 60, 62 and 62A)—
(a)
(a) for the title substitute “Restriction on access to records kept under rules 60 and 62”;
(b)
(b) for “62 and 62A” substitute “and 62”.
PART 3
Amendments to the Magistrates’ Courts Rules (Northern Ireland) 1984
6.—(1) Omit the following—
(a)
(a) rule 52GA (notice of application for a domestic freezing order);
(b)
(b) rule 52GB (variation or revocation of a domestic freezing order);
(c)
(c) rule 52IA (consideration of an overseas freezing order);
(d)
(d) rule 52IB (release of evidence subject to an overseas freezing order);
(e)
(e) rule 52L (record of proceedings by telephone link before a nominated court); and
(f)
(f) rules 52O to 52Q (applications under the Criminal Justice (European Investigation Order) Regulations 2017).
(2) In rule 52D (applications and procedures under the Crime (International Co-operation) Act 2003)—
(a)
(a) in paragraph (c), omit “or Part 2”; and
(b)
(b) in paragraph (d), omit “or 31”.
(3) In rule 52J(1) (interpreter for the purposes of proceedings involving a television or telephone link), omit “or section 34(1) (hearing witnesses in the UK by telephone)”.
(4) In rule 52M (restriction on access to records kept under Rules 52I, 52K and 52L)—
(a)
(a) in the title, omit “and 52L”; and
(b)
(b) in paragraph (1), for “, 52K and 52L” substitute “and 52K”.
PART 4
Amendments to the Criminal Procedure Rules 2015
7. In Part 3 (case management), in the note to rule 3.9 (case preparation and progression) omit the second paragraph.
8. In Part 14 (bail and custody time limits)—
(a) in rule 14.1 (where this Part applies)—
(i) for paragraph (1) substitute—
“1 This Part applies where a magistrates’ court or the Crown Court can—
(a) grant or withhold bail, or impose or vary a condition of bail; and
(b) where bail has been withheld, extend a custody time limit.”,
(ii) in the first paragraph of the note to the rule, omit sub-paragraph (e) (which refers to Part 7 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 20147) and renumber sub-paragraphs (f), (g) and (h) as (e), (f) and (g) respectively, and
(iii) for the second paragraph of the note to the rule substitute—
“At the end of this Part there is a summary of the general entitlement to bail and of the exceptions to that entitlement.”;
(b) in rule 14.2 (exercise of court’s powers: general), in the second paragraph of the note to the rule omit “and under regulation 79(3) of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014,”;
(c) in rule 14.7 (notice of application to consider bail), in the first paragraph of the note to the rule omit “and forms of application, draft order and certificate for use where an applicant wants the court to exercise the powers to which rule 14.16 applies (bail condition to be enforced in another European Union member State)”;
(d) omit rules 14.16 and 14.17 (which concern the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014);
(e) renumber rules 14.18 to 14.22 as rules 14.16 to 14.20 respectively;
(f) in rule 14.18 as thus renumbered (exercise of court’s powers: extension of pre-charge bail)—
(i) in paragraphs (1) and (8), for “14.21”, in each place it occurs, substitute “14.19”,
(ii) in paragraph (4), for “14.22” substitute “14.20”,
(iii) in the note to the rule, for “rules 14.21 and 14.22” substitute “rules 14.19 and 14.20”;
(g) amend the table of contents correspondingly; and
(h) in the note at the end of the Part, omit the headings “Requirements that may be monitored and enforced in another European Union member State” and “Grounds for refusing to monitor and enforce a supervision measure imposed in another European Union member State” and the paragraphs that follow each of those headings.
9. In Part 18 (measures to assist a witness or defendant to give evidence)—
(a) in rule 18.24 (content of application for a live link direction)—
(i) omit paragraphs (2) and (3),
(ii) paragraph (1) becomes the text of the rule, and
(iii) for the first paragraph of the note to the rule substitute—
“[Note. See section 32 of the Criminal Justice Act 1988 and section 51 of the Criminal Justice Act 20038.”;
(b) in rule 18.25 (application to discharge a live link direction, etc.)—
(i) in the title to the rule omit “etc.”,
(ii) omit paragraphs (3) and (4),
(iii) for the note to the rule substitute—
“[Note. See section 32(4) of the Criminal Justice Act 19889and section 52(3) of the Criminal Justice Act 200310.]”;
(c) amend the table of contents correspondingly; and
(d) in the note at the end of the Part, omit the third and fourth paragraphs after the heading “Live link direction” (which paragraphs concern the Criminal Justice (European Investigation Order) Regulations 2017).
10. In Part 21 (evidence of bad character), in the second paragraph of the note to rule 21.2 (content of application or notice) omit “or European Union”.
11. In Part 30 (enforcement of fines and other orders for payment)—
(a) omit rule 30.10 (financial penalties imposed in other European Union member States); and
(b) amend the table of contents correspondingly.
12. In Part 31 (behaviour orders)—
(a) in rule 31.1 (when this Part applies)—
(i) for paragraph (1) substitute—
“1 This Part applies where a magistrates’ court or the Crown Court can make, vary or revoke a civil order—
(a) as well as, or instead of, passing a sentence, or in any other circumstances in which other legislation allows the court to make such an order; and
(b) that requires someone to do, or not do, something.”, and
(ii) omit the second paragraph of the note to the rule (which concerns the Criminal Justice (European Protection...
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