The Criminal Procedure (Amendment No. 2) Rules 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/815 |
| Year | 2022 |
2022 No. 815 (L. 9)
Senior Courts Of England And Wales
Magistrates’ Courts, England And Wales
The Criminal Procedure (Amendment No. 2) Rules 2022
Made 14th July 2022
Laid before Parliament 18th July 2022
Coming into force in accordance with rule 2
The Criminal Procedure Rule Committee makes the following Rules under section 69 of the Courts Act 20031and section 2 of the Commissioners for Oaths Act 18892, after consulting in accordance with section 72(1)(a) of the 2003 Act.
Citation and commencement
1. These Rules amend the Criminal Procedure Rules 20203and may be cited as the Criminal Procedure (Amendment No. 2) Rules 2022.
2. These Rules come into force on 3rd October 2022, save for the following which come into force on 15th August 2022—
(a) rule 4(b), (c), (d) and (e);
(b) rule 5(a), (b), (c), (d), (f) and (g);
(c) rule 6;
(d) rule 8(a)(i);
(e) rule 9;
(f) rule 11;
(g) rule 12;
(h) rule 14;
(i) rule 15; and
(j) rule 24(a) and (c).
Interpretation
3. In rules 4 to 25 beneath a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2020.
Amendments to the Criminal Procedure Rules
4. In Part 2 (Understanding and applying the rules, and powers of authorised court officers)—
(a) for the heading to the Part substitute “Understanding and applying the rules; Powers of court officers”;
(b) in rule 2.1 (When the Rules apply)—
(i) omit paragraphs (4), (5) and (6), and
(ii) omit the second paragraph of the note to the rule;
(c) in rule 2.2 (Definitions)—
(i) in paragraph (1), for the definition of live link substitute—
“
‘live link’ means a live audio link or a live video link and:
(i) ‘live audio link’ means a live telephone link or other arrangement by which a person taking part in a hearing can hear, and be heard by, everyone else who is taking part and who is not in the same place as that person,
(ii) ‘live video link’ means a live television link or other arrangement by which a person taking part in a hearing can see and hear, and be seen and heard by, everyone else who is taking part and who is not in the same place as that person;
‘live link direction’ means a direction that requires or permits a person to take part through a live audio link or a live video link in the proceedings listed in section 51(3) of the Criminal Justice Act 20034;
”, and
(ii) in paragraph (2), for “Definitions” substitute “Special definitions and definitions”;
(d) in rule 2.7 (Exercise of functions of the Crown Court), for paragraph (2)(b) substitute—
“
(b)
(b) give a live link direction under section 51 of the Criminal Justice Act 2003 for the participation of a defendant in custody in a preliminary hearing, a sentencing hearing or an enforcement hearing; and
”;
(e) in rule 2.8 (Exercise of functions of a magistrates’ court), for paragraph (4)(b) substitute—
“
(b)
(b) giving, varying or revoking a live link direction under sections 51 and 52 of the Criminal Justice Act 20035for the participation of a defendant in custody in a preliminary hearing, a sentencing hearing or an enforcement hearing;
”; and
(f) after rule 2.10 (Court’s power to extend time under rule 2.6 or rule 2.7) insert—
“
(2.11) Taking of statutory declarations by court officers(1) (POWERS OF COURT OFFICERS TO TAKE STATUTORY DECLARATIONS)
(2.11) Taking of statutory declarations by court officers
(1)
(1) (POWERS OF COURT OFFICERS TO TAKE STATUTORY DECLARATIONS) This rule applies to a statutory declaration required by―
(a) rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice); or
(b) rule 44.2 (Statutory declaration of ignorance of proceedings).
(2)
(2) A court officer may take a statutory declaration to which this rule applies if that officer is—
(a) a justices’ legal adviser;
(b) nominated for the purpose by a justices’ legal adviser; or
(c) authorised to exercise the function to which rule 2.8(2)(m) refers (extending time for the service of a statutory declaration).
[Note. Section 2 of the Commissioners for Oaths Act 18896allows rules that regulate the procedure of a court to authorise the taking of a statutory declaration by an officer of that court.]
”; and
(g) amend the table of contents correspondingly.
5. In Part 3 (Case management)—
(a) in rule 3.1 (When this Part applies), after paragraph (3) insert—
“
4 Rules 3.35 to 3.39 apply where the court can give a live link direction.
”;
(b) in rule 3.2 (The duty of the court)—
(i) for paragraphs (4) and (5) substitute—
“
4 Where appropriate live links are available, making use of technology for the purposes of this rule includes giving a live link direction for a person’s participation—
(a) under a power to which rule 3.35 applies (Live link direction: exercise of court’s powers); and
(b) whether an application for such a direction is made or not.
”, and
(ii) for the note to the rule substitute—
“
[Note. Under section 51 of the Criminal Justice Act 2003, the court may require or permit any person to take part through a live audio or video link in the pre-trial, trial, sentencing, enforcement and appeal proceedings listed in that section. Under section 52A of the Act7, a person who takes part in accordance with a live link direction is to be treated as present in court.]
”;
(c) in rule 3.3 (The duty of the parties), for paragraph (2)(e) substitute—
“
(e)
(e) alerting the court to any reason why—
(i) a live link direction should not be given, or
(ii) such a direction should be varied or rescinded;
”;
(d) in rule 3.5 (The court’s case management powers), for paragraph (2)(d) substitute—
“
(d)
(d) receive applications, notices, representations and information by letter, by live link, by email or by any other means of electronic communication, and conduct a hearing by live link or other such electronic means;
”;
(e) in rule 3.32 (Arraigning the defendant on the indictment)—
(i) for the heading to the rule substitute “Arraigning the defendant”,
(ii) for paragraph (1) substitute—
“
1 In order to take the defendant’s plea, the Crown Court must—
(a) if more than one indictment has been preferred or proposed, or more than one draft indictment has been presented where rule 10.3 applies—
(i) identify the indictment or indictments that the prosecutor wants to be read to or placed before the defendant under this rule, and
(ii) identify any draft indictment, indictment or count in an indictment on which the prosecutor does not want to proceed;
(b) obtain the prosecutor’s confirmation, in writing or orally—
(i) that each indictment (or draft indictment, as the case may be) that the prosecutor wants to be read to or placed before the defendant sets out a statement of each offence that the prosecutor wants the court to try and such particulars of the conduct constituting the commission of each such offence as the prosecutor relies upon to make clear what is alleged, and
(ii) of the order in which the prosecutor wants the defendants’ names to be listed in each indictment, if the prosecutor proposes that more than one defendant should be tried at the same time;
(c) ensure that the defendant is correctly identified by each indictment or draft indictment that the prosecutor wants to be read to or placed before the defendant;
(d) satisfy itself that each allegation has been explained to the defendant, in terms the defendant can understand (with help, if necessary); and
(e) in respect of each count on which the prosecutor wants to proceed—
(i) read the count aloud to the defendant, or arrange for it to be read aloud or placed before the defendant in writing,
(ii) ask whether the defendant pleads guilty or not guilty to the offence charged by that count, and
(iii) take the defendant’s plea.
”,
(iii) in paragraph (4), for “the indictment” substitute “an indictment read to or placed before the defendant”, and
(iv) after paragraph (5) insert—
“
6 Unless the court otherwise directs, no further proceedings may be taken on a draft indictment, indictment or count in an indictment on which under this rule the prosecutor chooses not to proceed.
”;
(f) after rule 3.34 (Use of Welsh language at Crown Court trial) insert—
“
(3.35) Live link direction: exercise of court’s powers(1) (LIVE LINKS)
(3.35) Live link direction: exercise of court’s powers
(1)
(1) (LIVE LINKS) The court may exercise its power to give, vary or rescind a live link direction under sections 51 and 52 of the Criminal Justice Act 20038—
(a) at a hearing, in public or in private, or without a hearing; and
(b) on an application under rule 3.36 (Content of application for a live link direction) or on its own initiative.
(2)
(2) Whether it acts on an application or on its own initiative, the court must not give, vary or rescind a live link direction unless—
(a) the court is satisfied that it is in the interests of justice to do so; and
(b) each party and (if applicable) any representative of the youth offending team whose functions are exercisable in relation to a defendant—
(i) is present, or
(ii) has had an opportunity to make representations.
(3)
(3) In deciding whether to give a live link direction the court must consider—
(a) any guidance given by the Lord Chief Justice under section 51(5)(a) of the Criminal Justice Act 2003; and
(b) all the circumstances of the case.
(4)
(4) Those circumstances include in particular—
(a) the availability of the proposed participant by live link;
(b) any potential need for that person to attend in person instead of by live link;
(c) any views which that person may have expressed;
(d) the suitability of the facilities at the place where that person would take part by live link if the direction were given;
(e)...
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