The Criminal Procedure (Amendment) Rules 2024
| Jurisdiction | UK Non-devolved |
| Year | 2024 |
| Citation | SI 2024/62 |
2024 No. 62 (L. 1)
Senior Courts Of England And Wales
Magistrates’ Courts, England And Wales
The Criminal Procedure (Amendment) Rules 2024
Made 18th January 2024
Laid before Parliament 19th January 2024
Coming into force 1st April 2024
The Criminal Procedure Rule Committee makes the following Rules under section 69 of the Courts Act 20031, after consulting in accordance with section 72(1)(a) of the 2003 Act.
Citation, commencement and interpretation
1. These Rules may be cited as the Criminal Procedure (Amendment) Rules 2024 and come into force on 1st April 2024.
2. In these Rules a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 20202.
Amendments to the Criminal Procedure Rules
3. In Part 2 (Understanding and applying the rules; powers of authorised court officers)—
(a) in rule 2.2 (Definitions), in paragraph (1) for the definition of ‘live link direction’ substitute—
“
‘live link direction’ means a direction that:
(i) under section 51(1) of the Criminal Justice Act 20033requires 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 that Act, or
(ii) under section 206A of the Extradition Act 20034requires a person to take part through a live link in a hearing in proceedings under Part 1 or Part 2 of that Act;
”; and
(b) in rule 2.8 (Exercise of functions of magistrates’ courts), in paragraph (4)—
(i) renumber sub-paragraphs (f) to (i) as (g) to (j) respectively, and
(ii) after sub-paragraph (e) insert—
“
(f)
(f) directing the correction of a court record under rule 5.4(4) (correction of inaccuracy in court record);
4. In Part 3 (Case management)—
(a) in rule 3.1 (When this Part applies), at the end of the first paragraph of the note to the rule insert “Rules that apply to procedure in extradition proceedings are in Part 50 of these Rules: see in particular rules 50.3, 50.4, 50.17 and 50.18.”;
(b) at the end of rule 3.3 (The duty of the parties) insert—
“
[Note. See also rule 3.8(7) (Case preparation and progression) about the participation of a witness companion.]
”;
(c) in rule 3.8 (Case preparation and progression)—
(i) for paragraph (6)(a) substitute—
“
(a)
(a) giving directions for someone to accompany a witness if the witness so wishes while the witness gives evidence and at any other hearing; and
”,
(ii) renumber paragraph (7) as (9),
(iii) after paragraph (6) insert—
“
7 Where a witness will be accompanied―
(a) the court―
(i) may allow or require the companion to sit with the witness, and
(ii) if the companion is an advisor must as a general rule allow that advisor to sit next to or near the witness in the courtroom or at any other place where the witness takes part, subject to any direction under rule 3.9 (Ground rules hearing);
(b) before the hearing begins an accompanying advisor must notify the court, orally or in writing (but not in public unless the court otherwise directs) of―
(i) the advisor’s presence, the advisor’s name and the identity of the witness whom the advisor will accompany, and
(ii) the name and address of the organisation, if any, on behalf of which the advisor is providing the witness with support; and
(c) an advisor or other companion must not―
(i) discuss the evidence with the witness,
(ii) advise the witness on how to answer a question,
(iii) give the witness legal advice,
(iv) address the court unless asked to do so, or
(v) interrupt the hearing.
8 For the purposes of this rule ‘advisor’ means an independent domestic violence advisor or an independent sexual violence advisor and―
(a) an independent domestic violence advisor is a person who provides support to an individual who is a victim of criminal conduct which constitutes domestic abuse within the meaning of the Domestic Abuse Act 20215; and
(b) an independent sexual violence advisor is a person who provides support to an individual who is a victim of criminal conduct which constitutes conduct of a sexual nature.
”, and
(iv) in the note to the rule, immediately after “Note.” insert—
“
See also—
(a)
(a)rule 3.3(2)(g) which requires the parties to alert the court to any potential need for a witness to be accompanied while giving evidence; and
(b)
(b)rule 3.36(2)(h) (Content of application for a live link direction) and rule 18.10(f) (Content of application for a special measures direction) about the participation of a witness companion in the circumstances to which those rules apply.
”;
(d) in rule 3.19 (Service of prosecution evidence)—
(i) for paragraph (1) substitute—
“
1 This rule applies where the prosecutor—
(a) serves a draft indictment under rule 10.4, 10.5, 10.6, 10.7 or 10.8 (service of draft indictment after sending for trial; with judicial permission or on judicial direction; in connection with a deferred prosecution agreement; or on reinstitution of proceedings); and
(b) serves on the defendant copies of the documents containing the evidence on which the prosecution case relies.
”, and
(ii) for the note to the rule substitute—
“
[Note. See the rules in Part 10 (The indictment) listed in this rule and the other legislation to which those rules refer.
See also the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 20056which apply where a case is sent for trial. The time for service of the prosecution evidence in such a case is prescribed by regulation 2. It is—
(a)
(a)not more than 50 days after sending for trial, where the defendant is in custody; and
(b)
(b)not more than 70 days after sending for trial, where the defendant is on bail.]
”; and
(e) in rule 3.35 (Live link direction: exercise of court’s powers)—
(i) in paragraph (1) after “sections 51 and 52 of the Criminal Justice Act 20037” insert8“or under sections 206A and 206B of the Extradition Act 20038”,
(ii) at the end of paragraph (4)(f) omit “and”,
(iii) renumber paragraph (4)(g) as (4)(h),
(iv) after paragraph (4)(f) insert—
“
(g)
(g) if the proposed direction is for a person to take part by live link from a place outside the United Kingdom, any permission needed from a court or other authority in that place; and
”,
(v) renumber paragraph (7) as (8),
(vi) after paragraph (6) insert—
“
7 Where the proposed live link direction is for a person to take part by live link from a place outside the United Kingdom, the party in respect of whose case it is sought must assist the court by―
(a) finding out whether permission is needed from a court or other authority in that place;
(b) preparing any formal request needed to obtain that permission; and
(c) obtaining any such permission required.
”, and
(vii) in the note to the rule after “sections 51, 52, 52A and 53 of the Criminal Justice Act 20039” insert10“and sections 206A to 206C of the Extradition Act 200310”.
5. In Part 5 (Forms and court records), in rule 5.4 (Duty to make records)—
(a) after paragraph (3) insert—
“
4 Where a court record appears to the court officer to be incorrect the officer must correct it if—
(a) the parties agree on the terms of the correction; or
(b) the court so directs.
5 Where a court (“the receiving court”), or a party to the proceedings before that court, questions the accuracy of a record of a decision by a court (“the transferring court”) which sent a case for trial, committed, remitted or transferred a case for sentence or other determination, or from which an appeal has been brought to the receiving court—
(a) the court officer for the transferring court must review that record;
(b) if that record appears to be correct then the court officer for the transferring court must so inform the receiving court as soon as practicable, explaining that conclusion; and
(c) if that record appears to be incorrect then the court officer must correct it.
”; and
(b) at the end of the note to the rule insert—
“
Where a court record accurately records a court’s decision but a party (a) wants the court to change that decision, or (b) questions the court’s power to make that decision, see rules 28.4 (Variation of sentence) and 44.3 (Reopening a case in a magistrates’ court; Setting aside a conviction or varying a costs, etc. order).
6. In Part 14 (Bail and custody time limits), in rule 14.6 (Reconsideration of police bail by magistrates’ court)—
(a) for paragraph (2)(a) substitute—
“
(a)
(a) the magistrates’ court—
(i) to whose custody the defendant is under a duty to surrender, if any, or
(ii) by which the most recent previous extension of pre-charge bail has been authorised, if applicable; or
”; and
(b) in the note to the rule—
(i) omit “The Practice Direction sets out a form of application for use in connection with this rule.”, and
(ii) in the last paragraph after “See also” insert “rules 14.18 and 14.19 and”.
7. In Part 15 (Disclosure)—
(a) for rule 15.1 (When this Part applies) substitute—
“
15.1. This Part applies in a magistrates’ court and in the Crown Court—
(a) where Parts I and II of the Criminal Procedure and Investigations Act 199611apply; and
(b) where any comparable disclosure obligation applies otherwise than under the 1996 Act.
[Note. The Criminal Procedure and Investigations Act 1996 came into force on 1stApril, 1997. It does not apply where the investigation began before that date. With effect from 4thApril, 2005, the Criminal Justice Act 2003 made changes to the 1996 Act that do not apply to investigations begun earlier. In some circumstances, the...
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