The Criminal Procedure Rules 2020

JurisdictionUK Non-devolved
CitationSI 2020/759

2020 No. 759 (L. 19)

Senior Courts Of England And Wales

Magistrates’ Courts, England And Wales

The Criminal Procedure Rules 2020

Made 15th July 2020

Laid before Parliament 20th July 2020

Coming into force 5th October 2020

The Criminal Procedure Rule Committee—

(a) revokes the Criminal Procedure Rules 20151and makes the following Rules under section 69 of the Courts Act 20032, 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

2.4, 2.5, 2.6, 2.7, 2.8 and 2.9

Section 67B(1) of the Courts Act 20033

3.16

Section 86A(2) of the Courts Act 20034

3.21

Section 86A(2) of the Courts Act 2003

3.32

Section 77(1) of the Senior Courts Act 19815

4.1 and 4.12

Section 12(1) and (3) of the Road Traffic Offenders Act 19886

5.5

Section 32(1) of the Criminal Appeal Act 19687

Part 8

Section 48(1) of the Criminal Law Act 19778

Part 10

Section 2 of the Indictments Act 19159 and section 2(6) of the Administration of Justice (Miscellaneous Provisions) Act 193310

14.6

Section 5B(9) of the Bail Act 197611

16.4

Section 9(2A) of the Criminal Justice Act 196712

19.3

Section 81(1) of the Police and Criminal Evidence Act 198413 and section 20(3) of the Criminal Procedure and Investigations Act 199614

20.4

Section 132(4) of the Criminal Justice Act 200315

Part 23

Sections 37(5) and 38(6) and (7) of the Youth Justice and Criminal Evidence Act 199916

24.11

Section 174(4) of the Criminal Justice Act 200317

24.14

Section 12(7ZA) of the Magistrates’ Courts Act 198018

25.16

Section 174(4) of the Criminal Justice Act 2003

28.4

Section 155(7) of the Powers of Criminal Courts (Sentencing) Act 200019

29.4

Section 2 of the Commissioners for Oaths Act 188920

33.7, 33.37, 33.39 and 33.40

Section 91 of the Proceeds of Crime Act 200221

33.47

Section 52(1) of the Senior Courts Act 198122

34.11

Sections 73(2) and 74(2), (3) and (4) of the Senior Courts Act 198123

36.8

Section 87(4) of the Senior Courts Act 198124

37.6

Section 49(1) of the Criminal Justice Act 2003

38.9

Section 73(2) of the Criminal Justice Act 2003

40.8

Section 159(6) of the Criminal Justice Act 198825

42.14, 42.18, 42.19 and 42.20

Section 91 of the Proceeds of Crime Act 2002

44.2

Section 30(1) of the Criminal Justice Act 200326 and section 2 of the Commissioners for Oaths Act 188927

45.6 and 45.7

Section 52(1) of the Senior Courts Act 1981

47.4 and 47.10; 47.24 and 47.30

Paragraph 15A of Schedule 1 to the Police and Criminal Evidence Act 198428

47.4 and 47.11 to 47.16 inclusive

Paragraph 10(2) of Schedule 5, paragraph 14(2) of Schedule 5A, paragraph 4(1) of Schedule 6 and paragraph 5(1) of Schedule 6A to the Terrorism Act 200029

47.4 and 47.17 to 47.22 inclusive

Sections 351(2), 362(2), 369(2) and 375(1) of the Proceeds of Crime Act 200230

47.4 and 47.23

Section 157(9) of the Extradition Act 200331

47.24 and 47.31

Paragraph 11(5) of Schedule 5 to the Terrorism Act 200032

47.24 and 47.32

Section 352(8) of the Proceeds of Crime Act 200233

47.24 and 47.33

Section 160(10) of the Extradition Act 200334

47.35 and 47.38

Section 59(13) of the Criminal Justice and Police Act 200135

47.49

Section 74(3) of the Senior Courts Act 198136

47.66 to 47.71 inclusive

Sections 11(1) and 18(2) of the Crime (Overseas Production Orders) Act 201937

48.16

Section 19 of the Criminal Procedure and Investigations Act 199638

50.17

Section 67 of the Senior Courts Act 198139

50.23

Sections 36A(4), 36B(3), 118A(4) and 118B(3) of the Extradition Act 200340

50.30

Sections 19(3) and 66(1) of the Senior Courts Act 198141

These Rules may be cited as the Criminal Procedure Rules 2020 and shall come into force on 5th October 2020.

1 THE OVERRIDING OBJECTIVE

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

S-1.1 The overriding objective

The overriding objective

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

(2) Dealing with a criminal case justly includes―

(a)

(a) acquitting the innocent and convicting the guilty;

(b)

(b) dealing with the prosecution and the defence fairly;

(c)

(c) recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights;

(d)

(d) respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case;

(e)

(e) dealing with the case efficiently and expeditiously;

(f)

(f) ensuring that appropriate information is available to the court when bail and sentence are considered; and

(g)

(g) dealing with the case in ways that take into account―

(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.

S-1.2 The duty of the participants in a criminal case

The duty of the participants in a criminal case

1.2.—(1) Each participant, in the conduct of each case, must―

(a)

(a) prepare and conduct the case in accordance with the overriding objective;

(b)

(b) comply with these Rules, practice directions and directions made by the court; and

(c)

(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.

S-1.3 The application by the court of the overriding objective

The application by the court of the overriding objective

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

(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.

2 UNDERSTANDING AND APPLYING THE RULES AND POWERS OF AUTHORISED COURT OFFICERS

PART 2

UNDERSTANDING AND APPLYING THE RULES AND POWERS OF AUTHORISED COURT OFFICERS

Contents of this Part

Understanding and applying the Rules

When the Rules apply

rule 2.1

Definitions

rule 2.2

References to Acts of Parliament and to Statutory Instruments

rule 2.3

Powers of authorised court officers

Exercise of court’s functions by authorised court officers: general rules

rule 2.4

Exercise of functions of the Court of Appeal

rule 2.5

Exercise of functions of the High Court

rule 2.6

Exercise of functions of the Crown Court

rule 2.7

Exercise of functions of magistrates’ courts

rule 2.8

Exercise of functions of a District Judge (Magistrates’ Courts) in extradition cases

rule 2.9

Court’s power to extend time under rule 2.6 or rule 2.7

rule 2.10

UNDERSTANDING AND APPLYING THE RULES

UNDERSTANDING AND APPLYING THE RULES

S-2.1 When the Rules apply

When the Rules apply

2.1.—(1) In general, Criminal Procedure Rules apply―

(a)

(a) in all criminal cases in magistrates’ courts and in the Crown Court;

(b)

(b) in extradition cases in the High Court; and

(c)

(c) in all cases in the criminal division of the Court of Appeal.

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

(3) These Rules apply on and after 5th October, 2020, but unless the court otherwise directs, they do not affect a right or duty existing under the Criminal Procedure Rules 201542.

(4) The following rules temporarily have effect as described beneath, subject to paragraphs (5) and (6) of this rule―

(a)

(a) in this Part, rules 2.2 (Definitions), 2.7 (Exercise of functions of the Crown Court) and 2.8 (Exercise of functions of a magistrates’ court) as if they were amended by rule 5 of the Criminal Procedure (Amendment No. 2) (Coronavirus) Rules 202043(‘the Coronavirus Rules’);

(b)

(b) in Part 3 (Case management)―

(i) rules 3.2 (The duty of the court), 3.3 (The duty of the parties) and 3.5 (The court’s case management powers) as if they were amended by rule 6(a), (b) and (c) respectively of the Coronavirus Rules,

(ii) rule 3.8 (Case preparation and progression) as if it were amended by rule 6(d) of the Coronavirus Rules (which amended rule 3.9 of the Criminal Procedure Rules 2015), and

(iii) rule 3.10 (Directions for commissioning medical reports, other than for sentencing purposes) as if it were amended by rule 6(e) of the Coronavirus Rules (which amended rule 3.28 of the Criminal Procedure Rules 2015);

(c)

(c) in Part 5 (Forms and court records), rule 5.4 (Duty to make records) as if it were amended by rule 7 of the Coronavirus Rules;

(d)

(d) in Part 14 (Bail and custody time limits), rule 14.20 (Exercise of court’s powers: extension of live link bail) as if it were amended by rule 8 of the Coronavirus Rules;

(e)

(e) in Part 18 (Measures to assist a witness or defendant to give evidence)—

(i) the heading to the Part as if it were amended by rule 9(a) of the Coronavirus Rules,

(ii) rules 18.1 (When this Part applies), 18.2 (Meaning of ‘witness’), 18.4 (Decisions and reasons), 18.23 (Exercise of court’s powers), 18.24 (Content of application for a live link direction), 18.25 (Application to discharge a live link direction, etc.) and 18.26 (Representations in response) as if they were amended by rule 9(b) to (h) respectively of the Coronavirus Rules, and

(iii) the note at the end of the Part as if it were amended by rule 9(i) of the Coronavirus Rules;

(f)

(f) in Part 24 (Trial and sentence in a magistrates’ court), rule 24.11 (Procedure if the court convicts) as if it were amended by rule 10 of the Coronavirus Rules;

(g)

(g) in Part 25 (Trial and sentence in the Crown Court), rule 25.16 (Procedure if the court convicts) as if it were...

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