The Criminal Procedure Rules 2020

Publication Date:January 01, 2020

2020No. 759 (L. 19)

SENIOR COURTS OF ENGLAND AND WALES

MAGISTRATES' COURTS, ENGLAND AND WALES

The Criminal Procedure Rules 2020

Made15thJuly2020

Laid before Parliament20thJuly2020

Coming into force5thOctober2020

CONTENTS

PART 1

THE OVERRIDING OBJECTIVE

1.1. The overriding objective

24

1.2. The duty of the participants in a criminal case

25

1.3. The application by the court of the overriding objective

25

PART 2

UNDERSTANDING AND APPLYING THE RULES AND POWERS OF AUTHORISED COURT OFFICERS

UNDERSTANDING AND APPLYING THE RULES

2.1. When the Rules apply

25

2.2. Definitions

27

2.3. References to legislation, including these Rules

28

POWERS OF AUTHORISED COURT OFFICERS

2.4. Exercise of court's functions by authorised court officers: general rules

28

2.5. Exercise of functions of the Court of Appeal

30

2.6. Exercise of functions of the High Court

30

2.7. Exercise of functions of the Crown Court

32

2.8. Exercise of functions of a magistrates' court

33

2.9. Exercise of functions of a District Judge (Magistrates' Courts) in extradition cases

37

2.10. Court's power to extend time under rule 2.6 or rule 2.7

38

PART 3

CASE MANAGEMENT

GENERAL RULES

3.1. When this Part applies

39

3.2. The duty of the court

40

3.3. The duty of the parties

41

3.4. Case progression officers and their duties

41

3.5. The court's case management powers

42

3.6. Application to vary a direction

43

3.7. Agreement to vary a time limit fixed by a direction

43

3.8. Case preparation and progression

44

3.9. Ground rules hearing

45

3.10. Directions for commissioning medical reports, other than for sentencing purposes

46

3.11. Hearing to inform the court of sensitive material

49

3.12. Readiness for trial or appeal

50

3.13. Conduct of a trial or an appeal

50

3.14. Duty of court officer

50

3.15. Court's power to vary requirements under this Part

51

PREPARATION FOR TRIAL IN A MAGISTRATES' COURT

3.16. Pre-trial hearings in a magistrates' court: general rules

51

3.17. Place of magistrates' court trial

52

3.18. Use of Welsh language at magistrates' court trial

53

PREPARATION FOR TRIAL IN THE CROWN COURT

3.19. Service of prosecution evidence

53

3.20. Application to dismiss offence sent for Crown Court trial

53

3.21. Pre-trial hearings in the Crown Court: general rules

54

3.22. Preparatory hearing

56

3.23. Application for preparatory hearing

57

3.24. Application for non-jury trial containing information withheld from a defendant

57

3.25. Representations in response to application for preparatory hearing

58

3.26. Commencement of preparatory hearing

58

3.27. Defence trial advocate

59

3.28. Application to stay case for abuse of process

59

3.29. Application for joint or separate trials, etc.

59

3.30. Order for joint or separate trials, or amendment of the indictment

60

3.31. Application for indication of sentence

61

3.32. Arraigning the defendant on the indictment

61

3.33. Place of Crown Court trial

62

3.34. Use of Welsh language at Crown Court trial

63

PART 4

SERVICE OF DOCUMENTS

4.1. When this Part applies

65

4.2. Methods of service

66

4.3. Service by handing over a document

66

4.4. Service by leaving or posting a document

66

4.5. Service by document exchange

67

4.6. Service by electronic means

67

4.7. Documents that must be served by specified methods

68

4.8. Service by person in custody

68

4.9. Service by another method

68

4.10. Documents that may not be served on a legal representative

68

4.11. Date of service

69

4.12. Proof of service

70

4.13. Court's power to give directions about service

70

PART 5

FORMS AND COURT RECORDS

FORMS

5.1. Applications, etc. by forms or electronic means

70

5.2. Forms in Welsh

70

5.3. Signature of forms

71

COURT RECORDS

5.4. Duty to make records

71

5.5. Recording and transcription of proceedings in the Crown Court

73

5.6. Custody of case materials

74

5.7. Supply to a party of information or documents from records or case materials

74

5.8. Supply to the public, including reporters, of information about cases

75

5.9. Supply of written certificate or extract from records for use in evidence, etc

78

PART 6

REPORTING, ETC. RESTRICTIONS

GENERAL RULES

6.1. When this Part applies

79

6.2. Exercise of court's powers to which this Part applies

83

6.3. Court's power to vary requirements under this Part

83

REPORTING AND ACCESS RESTRICTIONS

6.4. Reporting and access restrictions

83

6.5. Varying or removing restrictions

84

6.6. Trial in private

85

6.7. Representations in response

86

6.8. Order about restriction or trial in private

86

SOUND RECORDING AND ELECTRONIC COMMUNICATION

6.9. Sound recording and electronic communication

87

6.10. Forfeiture of unauthorised sound recording

87

PART 7

STARTING A PROSECUTION IN A MAGISTRATES' COURT

7.1. When this Part applies

88

7.2. Application for summons, etc

89

7.3. Allegation of offence

91

7.4. Summons, warrant and requisition

92

PART 8

INITIAL DETAILS OF THE PROSECUTION CASE

8.1. When this Part applies

93

8.2. Providing initial details of the prosecution case

93

8.3. Content of initial details

93

8.4. Use of initial details

94

PART 9

ALLOCATION AND SENDING FOR TRIAL

GENERAL RULES

9.1. When this Part applies

95

9.2. Exercise of magistrates' court's powers

96

9.3. Matters to be specified on sending for trial

97

9.4. Duty of justices' legal adviser

98

9.5. Duty of magistrates' court officer

98

SENDING WITHOUT ALLOCATION FOR CROWN COURT TRIAL

9.6. Prosecutor's notice requiring Crown Court trial

99

9.7. Sending for Crown Court trial

100

ALLOCATION FOR MAGISTRATES' COURT OR CROWN COURT TRIAL

9.8. Adult defendant: request for plea

101

9.9. Adult defendant: guilty plea

102

9.10. Adult defendant: not guilty plea

102

9.11. Adult defendant: allocation for magistrates' court trial

104

9.12. Adult defendant: prosecutor's application for Crown Court trial

105

9.13. Young defendant

105

9.14. Allocation and sending for Crown Court trial

106

PART 10

THE INDICTMENT

10.1. When this Part applies

107

10.2. The indictment: general rules

108

10.3. Draft indictment generated electronically on sending for trial

110

10.4. Draft indictment served by the prosecutor after sending for trial

110

10.5. Draft indictment served by the prosecutor with a High Court judge's permission

111

10.6. Draft indictment approved with deferred prosecution agreement

111

10.7. Draft indictment served by the prosecutor on re-instituting proceedings

111

10.8. Draft indictment served by the prosecutor at the direction of the Court of Appeal

111

10.9. Application to a High Court judge for permission to serve a draft indictment

111

PART 11

DEFERRED PROSECUTION AGREEMENTS

11.1. When this Part applies

113

11.2. Exercise of court's powers

113

11.3. Application to approve a proposal to enter an agreement

114

11.4. Application to approve the terms of an agreement

115

11.5. Application on breach of agreement

116

11.6. Application to approve a variation of the terms of an agreement

117

11.7. Application to lift suspension of prosecution

118

11.8. Notice to discontinue prosecution

118

11.9. Application to postpone the publication of information by the prosecutor

118

11.10. Duty of court officer, etc.

119

11.11. Court's power to vary requirements under this Part

119

PART 12

DISCONTINUING A PROSECUTION

12.1. When this Part applies

120

12.2. Discontinuing a case

121

12.3. Defendant's notice to continue

121

PART 13

WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT

13.1. When this Part applies

122

13.2. Terms of a warrant for arrest

122

13.3. Terms of a warrant for detention or imprisonment

122

13.4. Information to be included in a warrant

123

13.5. Execution of a warrant

125

13.6. Warrants that cease to have effect on payment

126

13.7. Warrant issued when the court office is closed

126

PART 14

BAIL AND CUSTODY TIME LIMITS

GENERAL RULES

14.1. When this Part applies

127

14.2. Exercise of court's powers: general

129

14.3. Duty of justices' legal adviser

130

14.4. General duties of court officer

130

BAIL

14.5. Prosecutor's representations about bail

131

14.6. Reconsideration of police bail by magistrates' court

132

14.7. Notice of application to consider bail

133

14.8. Defendant's application or appeal to the Crown Court after magistrates' court bail decision

135

14.9. Prosecutor's appeal against grant of bail

137

14.10. Consideration of bail in a murder case

138

14.11. Condition of residence

138

14.12. Electronic monitoring requirements

139

14.13. Accommodation or support requirements

139

14.14. Requirement for a surety or payment, etc.

140

14.15. Forfeiture of a recognizance given by a surety

141

14.16. Bail condition to be enforced in another European Union member State

141

14.17. Enforcement of measure imposed in another European Union member State

142

CUSTODY TIME LIMITS

14.18. Application to extend a custody time limit

143

14.19. Appeal against custody time limit decision

144

EXTENSION OF BAIL BEFORE CHARGE

14.20. Exercise of court's powers: extension of pre-charge bail

145

14.21. Application to authorise extension of pre-charge bail

147

14.22. Application to withhold information from the defendant

148

PART 15

DISCLOSURE

15.1. When this Part applies

154

15.2. Prosecution disclosure

154

15.3. Prosecutor's application for public interest ruling

155

15.4. Defence disclosure

156

15.5. Defendant's application for prosecution disclosure

157

15.6. Review of public interest ruling

157

15.7. Defendant's application to use disclosed material

158

15.8. Unauthorised use of disclosed material

159

15.9. Court's power to vary requirements under this Part

159

PART 16

WRITTEN WITNESS STATEMENTS

16.1. When this Part applies

163

16.2. Content of written witness statement

163

16.3. Reference to exhibit

164

16.4. Written witness statement in evidence

164

PART 17

WITNESS SUMMONSES, WARRANTS AND ORDERS

17.1. When this Part applies

165

17.2. Issue etc. of summons, warrant or order with or without a hearing

166

17.3. Application for summons, warrant or order: general rules

166

17.4. Written application: form and service

167

17.5. Application for summons to produce a...

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