The Criminal Procedure Rules 2010

Publication Date:January 01, 2010

2010No. 60 (L. 2)

SENIOR COURTS OF ENGLAND AND WALES

MAGISTRATES' COURTS, ENGLAND AND WALES

The Criminal Procedure Rules 2010

11thJanuary2010

29thJanuary2010

5thApril2010

The Criminal Procedure Rule Committee-

(a) revokes the Criminal Procedure Rules 2005( 1) and makes the following Rules under section 69 of the Courts Act 2003( 2), after consulting in accordance with section 72(1)(a) of that Act; and(b) in making the Rules listed in the first column of this table, exercises also the powers listed in the corresponding entry in the second column-

Rule

Power

5.7

Section 145(1)(c) of the Magistrates' Courts Act 1980( 3)

Part 6, sections 1, 2 and 3

Paragraph 10 of Schedule 5, paragraph 4 of Schedule 6, and paragraph 5 of Schedule 6A to the Terrorism Act 2000( 4)

Part 6, sections 1, 2 and 4

Sections 351(2), 362(2), 369(2) and 375(1) of the Proceeds of Crime Act 2002( 5)

6.26

Section 74(3) of the Senior Courts Act 1981( 6)

10.4

Paragraph 4 of Schedule 2 to the Criminal Procedure and Investigations Act 1996( 7)

33.4

Section 81 of the Police and Criminal Evidence Act 1984( 8) and section 20(3) of the Criminal Procedure and Investigations Act 1996( 9)

34.3

Section 132(4) of the Criminal Justice Act 2003( 10)

57.7, 61.6, 61.8 and 61.9

Section 91 of the Proceeds of Crime Act 2002( 11)

63.10

Sections 73(2) and 74(2), (3) and (4) of the Senior Courts Act 1981( 12)

76.6

Section 52 of the Senior Courts Act 1981( 13)

These rules may be cited as the Criminal Procedure Rules 2010 and shall come into force on 5th April 2010.

PART 1

THE OVERRIDING OBJECTIVE

Contents of this Part

The overriding objective

rule 1.1

The duty of the participants in a criminal case

rule 1.2

The application by the court of the overriding objective

rule 1.3

The overriding objective

1.1.-(1)The overriding objective of this new code is that criminal cases be dealt with justly.

(2)Dealing with a criminal case justly includes�Çò

(a) acquitting the innocent and convicting the guilty;(b) dealing with the prosecution and the defence fairly;(c) recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights;(d) respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case;(e) dealing with the case efficiently and expeditiously;(f) ensuring that appropriate information is available to the court when bail and sentence are considered; and(g) dealing with the case in ways that take into account�Çò(i) the gravity of the offence alleged,(ii) the complexity of what is in issue,(iii) the severity of the consequences for the defendant and others affected, and(iv) the needs of other cases.

The duty of the participants in a criminal case

1.2.-(1)Each participant, in the conduct of each case, must�Çò

(a) prepare and conduct the case in accordance with the overriding objective;(b) comply with these Rules, practice directions and directions made by the court; and(c) at once inform the court and all parties of any significant failure (whether or not that participant is responsible for that failure) to take any procedural step required by these Rules, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective.

(2)Anyone involved in any way with a criminal case is a participant in its conduct for the purposes of this rule.

The application by the court of the overriding objective

1.3.The court must further the overriding objective in particular when�Çò

(a) exercising any power given to it by legislation (including these Rules);(b) applying any practice direction; or(c) interpreting any rule or practice direction.

PART 2

UNDERSTANDING AND APPLYING THE RULES

Contents of this Part

When the Rules apply

rule 2.1

Definitions

rule 2.2

References to Acts of Parliament and to Statutory Instruments

rule 2.3

The glossary

rule 2.4

Representatives

rule 2.5

When the Rules apply

2.1.-(1)In general, the Criminal Procedure Rules apply�Çò

(a) in all criminal cases in magistrates' courts and in the Crown Court; and(b) in all cases in the criminal division of the Court of Appeal.

(2)If a rule applies only in one or two of those courts, the rule makes that clear.

(3)The Rules apply on and after 5th April, 2010, but unless the court otherwise directs they do not affect�Çò

(a) a right or duty existing under The Criminal Procedure Rules 2005; or(b) the application of Part 29, Part 34 or Part 35 of The Criminal Procedure Rules 2005 in a case in which an application or notice under the Part concerned has been served before that date.

[Note. The rules replaced by the first Criminal Procedure Rules (The Criminal Procedure Rules 2005) were revoked when those Rules came into force by provisions of the Courts Act 2003, The Courts Act 2003 (Consequential Amendments) Order 2004( 14) and The Courts Act 2003 (Commencement No. 6 and Savings) Order 2004( 15) . The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.]

Definitions

2.2.-(1)In these Rules, unless the context makes it clear that something different is meant:

"business day' means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday;

"court' means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates' Court), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals, a justices' clerk or assistant clerk;

"court officer means the appropriate member of the staff of a court;

"justices' legal adviser' means a justices' clerk or an assistant to a justices' clerk;

"live link' means an arrangement by which a person can see and hear, and be seen and heard by, the court when that person is not in court;

"Practice Direction' means the Lord Chief Justice's Consolidated Criminal Practice Direction, as amended; and

"public interest ruling' means a ruling about whether it is in the public interest to disclose prosecution material under sections 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 1996( 16).

(2)Definitions of some other expressions are in the rules in which they apply.

References to Acts of Parliament and to Statutory Instruments

2.3.In these Rules, where a rule refers to an Act of Parliament or to subordinate legislation by title and year, subsequent references to that Act or to that legislation in the rule are shortened: so, for example, after a reference to the Criminal Procedure and Investigations Act 1996( 17) that Act is called "the 1996 Act'; and after a reference to The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997( 18) those Regulations are called "the 1997 Regulations'.

The glossary

2.4.The glossary at the end of the Rules is a guide to the meaning of certain legal expressions used in them.

Representatives

2.5.-(1)Under these Rules, unless the context makes it clear that something different is meant, anything that a party may or must do may be done-

(a) by a legal representative on that party's behalf;(b) by a person with the corporation's written authority, where that party is a corporation;(c) with the help of a parent, guardian or other suitable supporting adult where that party is a defendant-(i) who is under 18, or(ii) whose understanding of what the case involves is limited.

(2)Anyone with a prosecutor's authority to do so may, on that prosecutor's behalf-

(a) serve on the magistrates' court officer, or present to a magistrates' court, an information under section 1 of the Magistrates' Courts Act 1980( 19); or(b) issue a written charge and requisition under section 29 of the Criminal Justice Act 2003( 20).

[Note. See also section 122 of the Magistrates' Courts Act 1980( 21) . A party's legal representative must be entitled to act as such under section 27 or 28 of the Courts and Legal Services Act 1990( 22) .

Section 33(6) of the Criminal Justice Act 1925( 23) , section 46 of the Magistrates' Courts Act 1980( 24) and Schedule 3 to that Act( 25) provide for the representation of a corporation.

Part 7 contains rules about starting a prosecution.]

PART 3

CASE MANAGEMENT

Contents of this Part

The scope of this Part

rule 3.1

The duty of the court

rule 3.2

The duty of the parties

rule 3.3

Case progression officers and their duties

rule 3.4

The court's case management powers

rule 3.5

Application to vary a direction

rule 3.6

Agreement to vary a time limit fixed by a direction

rule 3.7

Case preparation and progression

rule 3.8

Readiness for trial or appeal

rule 3.9

Conduct of a trial or an appeal

rule 3.10

Case management forms and records

rule 3.11

The scope of this Part

3.1.This Part applies to the management of each case in a magistrates' court and in the Crown Court (including an appeal to the Crown Court) until the conclusion of that case.

[Note. Rules that apply to procedure in the Court of Appeal are in Parts 65 to 73 of these Rules.]

The duty of the court

3.2.-(1)The court must further the overriding objective by actively managing the case.

(2)Active case management includes�Çò

(a) the early identification of the real issues;(b) the early identification of the needs of witnesses;(c) achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the progress of the case;(d) monitoring the progress of the case and compliance with directions;(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;(f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings;(g) encouraging the participants to co-operate in the progression of the case; and(h) making use of technology.

(3)The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.

The duty...

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