The Criminal Procedure Rules 2005

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The duty of the participants in a criminal case
     1.2

    (1) Each participant, in the conduct of each case, must - 

(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 - 

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

    (3) The Rules apply on and after 4th April, 2005, but do not affect any right or duty existing under the rules of court revoked by the coming into force of these Rules.

[Note. The rules replaced by these Rules are revoked when these Rules come into force by provisions of the Courts Act 2003[2], the Courts Act 2003 (Commencement No. 6 and Savings) Order 2004[3] and the Courts Act 2003 (Consequential Amendments) Order 2004[4]. These Rules reproduce the substance of all the rules they replace.]

Definitions
     2.2

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

"court" means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates' Court's), 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; and

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

    (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[5] 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[6] 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.

    (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 of the parties
     3.3 Each party must - 

(a) actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a direction; and

(b) apply for a direction if needed to further the overriding objective.

Case progression officers and their duties
     3.4

    (1) At the beginning of the case each party must, unless the court otherwise directs - 

(a) nominate an individual responsible for progressing that case; and

(b) tell other parties and the court who he is and how to contact him.

    (2) In fulfilling its duty under rule 3.2, the court must where appropriate - 

(a) nominate a court officer responsible for progressing the case; and

(b) make sure the parties know who he is and how to contact him.

    (3) In this Part a person nominated under this rule is called a case progression officer.

    (4) A case progression officer must - 

(a) monitor compliance with directions;

(b) make sure that the court is kept informed of events that may affect the progress of that case;

(c) make sure that he can be contacted promptly about the case during ordinary business hours;

(d) act promptly and reasonably in response to communications about the case; and

(e) if he will be unavailable, appoint a substitute to fulfil his duties and inform the other case progression officers.

The court's case management powers
     3.5

    (1) In fulfilling its duty under rule 3.2 the court may give any direction and take any step actively to manage a case unless that direction or step would be inconsistent with legislation, including these Rules.

    (2) In particular, the court may - 

(a) nominate a judge, magistrate, justices' clerk or assistant to a justices' clerk to manage the case;

(b) give a direction on its own initiative or on application by a party;

(c) ask or allow a party to propose a direction;

(d) for the purpose of giving directions, receive applications and representations by letter, by telephone or by any other means of electronic communication, and conduct a hearing by such means;

(e) give a direction without a hearing;

(f) fix, postpone, bring forward, extend or cancel a hearing;

(g) shorten or extend (even after it has expired) a time limit fixed by a direction;

(h) require that issues in the case should be determined separately, and decide in what order they will be determined; and

(i) specify the consequences of failing to comply with a direction.

    (3) A magistrates' court may give a direction that will apply in the Crown Court if the case is to continue there.

    (4) The Crown Court may give a direction that will apply in a magistrates' court if the case is to continue there.

    (5) Any power to give a direction under this Part includes a power to vary or revoke that direction.

[Note. Depending upon the nature of a case and the stage that it has reached, its progress may be affected by other Criminal Procedure Rules and by other legislation. The note at the end of this Part lists other rules and legislation that may apply.]

Application to vary a direction
     3.6

    (1) A party may apply to vary a direction if - 

(a) the court gave it without a hearing;

(b) the court gave it at a hearing in his absence; or

(c) circumstances have changed.

    (2) A party who applies to vary a direction must - 

(a) apply as soon as practicable after he becomes aware of the grounds for doing so; and

(b) give as much notice to the other parties as the nature and urgency of his application permits.

Agreement to vary a time limit fixed by a direction
     3.7

    (1) The parties may agree to vary a time limit fixed by a direction, but only if - 

(a) the variation will not - 


(i) affect the date of any hearing that has been fixed, or

(ii) significantly affect the progress of the case in any other way;



(b) the court has not prohibited variation by agreement; and

(c) the court's case progression officer is promptly informed.

    (2) The court's case progression officer must refer the agreement to the court if he doubts the condition in paragraph (1)(a) is satisfied.

Case preparation and progression
     3.8

    (1) At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be concluded at the next hearing or as soon as possible after that.

    (2) At every hearing the court must, where relevant - 

(a) if the defendant is absent, decide whether to proceed nonetheless;

(b) take the defendant's plea (unless already done) or if no plea can be taken then find out whether the defendant is likely to plead guilty or not guilty;

(c) set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing including the trial or (in the Crown Court) the appeal;

(d) in giving directions, ensure continuity in relation to the court and to the parties' representatives where that is appropriate and practicable; and

(e) where a direction has not been complied with, find out why, identify who was responsible, and take appropriate action.

Readiness for trial or appeal
     3.9

    (1) This rule applies to a party's preparation for trial or (in the Crown Court) appeal, and in this rule and rule 3.10 trial includes any hearing at which evidence will be introduced.

    (2) In fulfilling his duty under rule 3.3, each party must - 

(a) comply with directions given by the court;

(b) take every reasonable step to make sure his witnesses will attend when they are needed;

(c) make appropriate arrangements to present any written or other material; and

(d) promptly inform the court and the other parties of anything that may - 


(i) affect the date or duration of the trial or appeal, or

(ii) significantly affect the progress of the case in any other way.

    (3) The court may require a party to give a certificate of readiness.

Conduct of a trial or an appeal
     3.10 In order to manage the trial or (in the Crown Court) appeal, the court may require a party to identify - 

(a) which witnesses he intends to give oral evidence;

(b) the order in which he intends those witnesses to give their evidence;

(c) whether he requires an order compelling the attendance of a witness;

(d) what arrangements, if any, he proposes to facilitate the giving of evidence by a witness;

(e) what arrangements, if any, he proposes to facilitate the participation of any other person, including the defendant;

(f) what written evidence he intends to introduce;

(g) what other material, if any, he intends to make available to the court in the presentation of the case;

(h) whether he intends to raise any point of law that could affect the conduct of the trial or appeal; and

(i) what timetable he proposes and expects to follow.

Case management forms and records
     3.11

    (1) The case management forms set out in the Practice Direction must be used, and where there is no form then no specific formality is required.

    (2) The court must make available to the parties a record of directions given.

[Note. Case management may be affected by the following other rules and legislation:

Criminal Procedure Rules
Parts 10.4 and 27.2: reminders of right to object to written evidence being read at trial

Part 12.2: time for first appearance of accused sent for trial

Part 13: dismissal of charges sent or transferred to the Crown Courtt

Part 14: the indictment

Part 15: preparatory hearings in serious fraud and other complex or lengthy cases

Parts 21-26: the rules that deal with disclosure

Parts 27-36: the rules that deal with evidence

Part 37: summary trial

Part 38: trial of children and young persons

Part 39: trial on indictment

Regulations
Prosecution of Offences (Custody Time Limits) Regulations 1987[7]

Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988[8]

Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992[9]

Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997[10]

Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2000[11]

Provisions of Acts of Parliament

Sections 5, 10 and 18, Magistrates' Courts Act 1980[12]: powers to adjourn hearings

Sections 128 and 129, Magistrates' Courts Act 1980[13]: remand in custody by magistrates' courts

Part 1, Criminal Procedure and Investigations Act 1996[14]: disclosure

Schedule 2, Criminal Procedure and Investigations Act 1996[15]: use of witness statements at trial

Section 2, Administration of Justice (Miscellaneous Provisions) Act 1933[16]: procedural conditions for trial in the Crown Court

Section 6, Magistrates' Courts Act 1980[17]: committal for trial

Section 4, Criminal Justice Act 1987[18]: section 53, Criminal Justice Act 1991[19]: section 51, Crime and Disorder Act 1998[20]: other procedures by which a case reaches the Crown Court

Section 7, Criminal Justice Act 1987[21]; Parts III and IV, Criminal Procedure and Investigations Act 1996: pre-trial and preparatory hearings in the Crown Court

Section 9, Criminal Justice Act 1967[22]: proof by written witness statement]

    (2) Service for the purposes of the Magistrates' Courts Act 1980[23] of a summons issued by a justice of the peace on a corporation may be effected by delivering it at, or sending it by post to, the registered office of the corporation, if that office is in the United Kingdom, or, if there is no registered office in the United Kingdom, any place in the United Kingdom where the corporation trades or conducts its business.

    (3) Except where another rule contains provision to the contrary, paragraph (2) shall have effect in relation to a document (other than a summons) issued by a justice of the peace as it has effect in relation to a summons so issued, but with the substitution of references to England and Wales for the references to the United Kingdom.

    (4) Any summons or other document served in manner authorised by the preceding provisions of this rule shall, for the purposes of any enactment other than the 1980 Act or these Rules requiring a summons or other document to be served in any particular manner, be deemed to have been as effectively served as if it had been served in that manner; and nothing in this rule shall render invalid the service of a summons or other document in that manner.

    (5) Paragraph (1)(c) shall not authorise the service by post of a summons requiring the attendance of any person to give evidence or produce a document or thing.

    (6) Where this rule or any other of these Rules provides that a summons or other document may be sent by post to a person's last known or usual place of abode that rule shall have effect as if it provided also for the summons or other document to be sent in the manner specified in the rule to an address given by that person for that purpose.

[Note. Formerly rule 99 of the Magistrates' Courts Rules 1981[24]. As to the form of a summons, see rule 7.7. For further rules of service applicable in particular circumstances see rules 7.5 (notice of order under section 25 of the Road Traffic Offenders Act 1988[25]), 19.2 (application for reconsideration of police bail), 34.6 (hearsay evidence), 35.7 (evidence of bad character), 37.6 (notice of intention to cite previous convictions), 40.3 (tainted acquittals), 52.1 (notice of fine), 52.7 (minute of order of court), 55.4 (notice of registration under section 71(6) of the 1988 Act[26]) and 64.5 (appeal by case stated).]

Proof of service in magistrates' courts
     4.2

    (1) The service on any person of a summons, process, notice or document required or authorised to be served in any proceedings before a magistrates' court, and the handwriting or seal of a justice of the peace or other person on any warrant, summons, notice, process or documents issued or made in any such proceedings, may be proved in any legal proceedings by a document purporting to be a solemn declaration made before a justice of the peace, commissioner for oaths, clerk of a magistrates' court or registrar of a county court or a sheriff or sheriff clerk (in Scotland) or a clerk of petty sessions (in Northern Ireland).

    (2) The service of any process or other document required or authorised to be served may be proved in any proceedings before a magistrates' court by a document purporting to be a certificate signed by the person by whom the service was effected.

    (3) References in paragraph (2) of this rule to the service of any process shall, in their application to a witness summons, be construed as including references to the payment or tender to the witness of his costs and expenses.

    (4) Any process or other document produced by the court computer system on a given day shall be sufficient evidence that the process or other document was sent to the person to whom it is addressed within 2 days of it being produced, unless the contrary is proved.

[Note. Formerly rule 67 of the Magistrates' Courts Rules 1981.]

Service of documents in Crown Court proceedings
     4.3 Except where any other rule contains provision to the contrary, any notice or other document which is required by these Rules to be given to any person in respect of Crown Court proceedings may be served personally on that person or sent to him by post at his usual or last known residence or place of business in England or Wales or, in the case of a company, at the company's registered office in England or Wales.

[Note. Formerly rule 28 of the Crown Court Rules 1982[27]. For further rules of service applicable in particular circumstances see rules 13.6 (dismissal of charges transferred or sent), 15.8 (preparatory hearings), 34.6 (hearsay evidence), 35.7 (evidence of bad character), 40.3 (tainted acquittals), 41.17 (retrial following acquittal) and 57.11 to 57.14 (proceedings under the Proceeds of Crime Act 2002[28]). As to service of documents in an appeal to the Court of Appeal see rule 68.1 and the rules listed in the explanatory note to that rule.]

    (4) The justices' clerk or other person responsible for the service of a form bearing the additional words set out in paragraph (3) above shall, if any person upon whom the form is served so requests, provide him with the corresponding English or Welsh form.

    (5) In this rule any reference to serving a document shall include the sending, giving or other delivery of it.

    (6) In the case of a discrepancy between an English and Welsh text the English text shall prevail.

[Note. Formerly rules 2 to 6 of, and Schedule 2 to, the Magistrates' Courts (Welsh Forms) Rules 1986[29].]

Signature of magistrates' court forms by justices' clerk
     5.3

    (1) Subject to paragraph (2) below, where any form prescribed by these Rules contains provision for signature by a justice of the peace only, the form shall have effect as if it contained provision in the alternative for signature by the justices' clerk.

    (2) This rule shall not apply to any form of information, complaint, statutory declaration or warrant, other than a warrant of commitment or of distress.

    (3) In this rule where a signature is required on a form or warrant other than an arrest, remand or commitment warrant, an electronic signature incorporated into the document will satisfy this requirement.

[Note. Formerly rule 109 of the Magistrates' Court Rules 1981[30]).]

    (3) Particulars of any entry relating to a decision about bail or the reasons for any such decisions or the particulars of any certificate granted under section 5(6A) of the Bail Act 1976[31] may be made in a book separate from that in which the entry recording the decision itself is made, but any such separate book shall be regarded as forming part of the register.

    (4) Where, by virtue of section 128(3A) of the Magistrates' Courts Act 1980[32], an accused gives his consent to the hearing and determination in his absence of any application for his remand on an adjournment of the case under sections 5, 10(1) or 18(4)[33] of that Act, the court shall cause the consent of the accused, and the date on which it was notified to the court, to be entered in the register.

    (5) Where any consent mentioned in paragraph (4) is withdrawn, the court shall cause the withdrawal of the consent and the date on which it was notified to the court to be entered in the register.

    (6) On the summary trial of an information the accused's plea shall be entered in the register.

    (7) Where a court tries any person summarily in any case in which he may be tried summarily only with his consent, the court shall cause his consent to be entered in the register and, if the consent is signified by a person representing him in his absence, the court shall cause that fact also to be entered in the register.

    (8) Where a person is charged before a magistrates' court with an offence triable either way the court shall cause the entry in the register to show whether he was present when the proceedings for determining the mode of trial were conducted and, if they were conducted in his absence, whether they were so conducted by virtue of section 18(3) of the 1980 Act (disorderly conduct on his part) or by virtue of section 23(1) of that Act[34] (consent signified by person representing him).

    (9) In any case to which section 22 of the 1980 Act[35] (certain offences triable either way to be tried summarily if value involved is small) applies, the court shall cause its decision as to the value involved or, as the case may be, the fact that it is unable to reach such a decision to be entered in the register.

    (10) Where a court has power under section 53(3) of the 1980 Act to make an order with the consent of the defendant without hearing evidence, the court shall cause any consent of the defendant to the making of the order to be entered in the register.

    (11) In the case of conviction or dismissal, the register shall clearly show the nature of the offence of which the accused is convicted or, as the case may be, the nature of the offence charged in the information that is dismissed.

    (12) An entry of a conviction in the register shall state the date of the offence.

    (13) Where a court is required under section 130(3) of the Powers of Criminal Courts (Sentencing) Act 2000[36] to give reasons for not making a compensation order the court shall cause the reasons given to be entered in the register.

    (14) Where a court passes a custodial sentence, the court shall cause a statement of whether it obtained and considered a pre-sentence report before passing sentence to be entered in the register.

    (15) Every register shall be open to inspection during reasonable hours by any justice of the peace, or any person authorised in that behalf by a justice of the peace or the Lord Chancellor.

    (16) A record of summary conviction or order made on complaint required for an appeal or other legal purpose may be in the form of certified extract from the court register.

    (17) Such part of the register as relates to proceedings in a youth court may be recorded separately and stored in electronic form on the court computer system.

[Note. Formerly rules 16 and 66 of the Magistrates' Court Rules 1981[37], and rule 25 of the Magistrates' Courts (Children and Young Persons) Rules 1992[38].]

Registration of endorsement of licence under section 57 of the Road Traffic Offenders Act 1988
     6.2 A magistrates' court officer or justices' clerk who, as a fixed penalty clerk within the meaning of section 69(4) of the Road Traffic Offenders Act 1988[39], endorses a driving licence under section 57(3) or (4) of that Act[40] (endorsement of licences without hearing) shall register the particulars of the endorsement in a book separate from the register kept under rule 6.1 but any such book shall be regarded as forming part of the register.

[Note. Formerly rule 66A of the Magistrates' Courts Rules 1981.]

Registration of certificate issued under section 70 of the Road Traffic Offenders Act 1988
     6.3 A magistrates' court officer shall register receipt of a registration certificate issued under section 70 of the Road Traffic Offenders Act 1988[41] (sum payable in default of fixed penalty to be enforced as a fine) in a book separate from the register kept under rule 6.1 but any such book shall be regarded as forming part of the register.

[Note. Formerly rule 66B of the Magistrates' Courts Rules 1981.]

Proof of proceedings in magistrates' courts
     6.4 The register of a magistrates' court, or an extract from the register certified by the magistrates' court officer as a true extract, shall be admissible in any legal proceedings as evidence of the proceedings of the court entered in the register.

[Note. Formerly rule 68 of the Magistrates' Courts Rules 1981. As to the requirement to keep a register, see rule 6.1.]

    (2) Subject to any provision of the Magistrates' Courts Act 1980[42] and any other enactment, an information or complaint need not be in writing or on oath.

[Note. Formerly rule 4(1) and (2) of the Magistrates' Court Rules 1981[43]. As to the form of an information, see rules 7.2 and 7.3.]

Statement of offence
     7.2

    (1) Every information laid in, or summons, warrant or other document issued or made by, a magistrates' court shall be sufficient if it - 

(a) describes the offence with which the accused is charged, or of which he is convicted, in ordinary language avoiding as far as possible the use of technical terms; and

(b) gives such particulars as may be necessary to provide reasonable information about the nature of the charge.

    (2) It shall not be necessary for any of those documents to - 

(a) state all the elements of the offence; or

(b) negative any matter upon which the accused may rely.

    (3) If the offence charged is one created by or under any Act, the description of the offence shall contain a reference to the section of the Act, or, as the case may be, the rule, order, regulation, bylaw or other instrument creating the offence.

[Note. Formerly rules 4(3) and 100 of the Magistrates' Courts Rules 1981.]

Information to be for one offence only
     7.3

    (1) Subject to any Act passed after 2nd October 1848, a magistrates' court shall not proceed to the trial of an information that charges more than one offence.

    (2) Nothing in this rule shall prohibit two or more informations being set out in one document.

    (3) If, notwithstanding paragraph (1), it appears to the court at any stage in the trial of an information that the information charges more than one offence, the court shall call upon the prosecutor to elect on which offence he desires the court to proceed, whereupon the offence or offences on which the prosecutor does not wish to proceed shall be struck out of the information; and the court shall then proceed to try that information afresh.

    (4) If a prosecutor who is called upon to make an election under paragraph (3) fails to do so, the court shall dismiss the information.

    (5) Where, after an offence has or offences have been struck out of the information under paragraph (3), the accused requests an adjournment and it appears to the court that he has been unfairly prejudiced, it shall adjourn the trial.

[Note. Formerly rule 12 of the Magistrates' Courts Rules 1981.]

Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates' Courts Act 1980
     7.4 Where a magistrates' court officer receives a statutory declaration which complies with section 14(1) of the Magistrates' Courts Act 1980[44] (accused did not know of proceedings), he shall - 

(a) note the receipt of the declaration in the register; and

(b) inform the prosecutor and, if the prosecutor is not a constable, the chief officer of police of the receipt of the declaration.

[Note. Formerly rule 20 of the Magistrates' Courts Rules 1981. As to the requirement to keep a register, see rule 6.1.]

Notice of order under section 25 of the Road Traffic Offenders Act 1988
     7.5

    (1) Where a magistrates' court makes an order under section 25 of the Road Traffic Offenders Act 1988[45] that an offender shall inform the court of his date of birth or sex or both and the offender is not present in court, the court officer shall serve notice in writing of the order on the offender.

    (2) A notice under this rule shall be served by delivering it to the offender or by sending it to him by post in a letter addressed to him at his last known or usual place of abode.

[Note. Formerly rule 108 of the Magistrates' Courts Rules 1981.]

Statutory declaration under section 72 and 73 of the Road Traffic Offenders Act 1988
     7.6 Where a magistrates' court officer receives a statutory declaration under section 72 and 73 of the Road Traffic Offenders Act 1988[46] (fixed penalty notice or notice fixed to vehicle invalid) he shall send a copy of it to the appropriate chief officer of police.

[Note. Formerly rule 112 of the Magistrates' Courts Rules 1981.]

Form of summons
     7.7

    (1) A summons shall be signed by the justice issuing it or state his name and be authenticated by the signature of the clerk of a magistrates' court.

    (2) A summons requiring a person to appear before a magistrates' court to answer to an information or complaint shall state shortly the matter of the information or complaint and shall state the time and place at which the defendant is required by the summons to appear.

    (3) A single summons may be issued against a person in respect of several informations or complaints; but the summons shall state the matter of each information or complaint separately and shall have effect as several summonses, each issued in respect of one information or complaint.

    (4) In this rule where a signature is required, an electronic signature incorporated into the document shall satisfy this requirement.

[Note. Formerly rule 98 of the Magistrates' Courts Rules 1981. As to the service of a summons, see rule 4.1.]

Summons or warrant to secure attendance of a parent or guardian at a youth court
     7.8 Where a child or young person is charged with an offence, or is for any other reason brought before a court, a summons or warrant may be issued by a court to enforce the attendance of a parent or guardian under section 34A of the Children and Young Persons Act 1933[47], in the same manner as if an information were laid upon which a summons or warrant could be issued against a defendant under the Magistrates' Courts Act 1980 and a summons to the child or young person may include a summons to the parent or guardian to enforce his attendance for the said purpose.

[Note. Formerly rule 26 of the Magistrates' Courts (Children and Young Persons) Rules 1992[48].]

Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980
     7.9 Where the prosecutor notifies a magistrates' court officer that the documents mentioned in section 12(1)(a) and 12(1)(b) of the Magistrates' Courts Act 1980[49] have been served upon the accused, the prosecutor shall send to the court officer a copy of the document mentioned in section 12(1)(b).

[Note. Formerly rule 73 of the Magistrates' Courts Rules 1981. Section 12 of the Magistrates' Courts Act 1980 applies where a summons has been issued requiring a person to appear before a magistrates' court, other than a youth court, to answer an information for a summary offence punishable with not more than 3 months' imprisonment. The documents mentioned in section 12(1)(b) are: a notice stating the effect of section 12, and either a statement of the facts to be placed before the court if the accused pleads guilty by post, or copies of the statements of the prosecution witnesses.]

(a) that the accused has no legal representative acting for him in the case; or

(b) that the accused's legal representative has requested the court to consider a submission that there is insufficient evidence to put the accused on trial by jury for the offence with which he is charged, as the case may be,

shall permit the prosecutor to make an opening address to the court, if he so wishes, before any evidence is tendered.

    (3) After such opening address, if any, the court shall cause evidence to be tendered in accordance with sections 5B(4), 5C(4), 5D(5) and 5E(3)[61] of the 1980 Act, that is to say by being read out aloud, except where the court otherwise directs or to the extent that it directs that an oral account be given of any of the evidence.

    (4) The court may view any exhibits produced before the court and may take possession of them.

    (5) After the evidence has been tendered the court shall hear any submission which the accused may wish to make as to whether there is sufficient evidence to put him on trial by jury for any indictable offence.

    (6) The court shall permit the prosecutor to make a submission - 

(a) in reply to any submission made by the accused in pursuance of paragraph (5); or

(b) where the accused has not made any such submission but the court is nevertheless minded not to commit him for trial.

    (7) After hearing any submission made in pursuance of paragraph (5) or (6) the court shall, unless it decides not to commit the accused for trial, cause the charge to be written down, if this has not already been done, and, if the accused is not represented by counsel or a solicitor, shall read the charge to him and explain it in ordinary language.

[Note. Formerly rule 7 of the Magistrates' Courts Rules 1981. On the coming into force of Schedule 3 to the Criminal Justice Act 2003 committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998 in the same way as cases triable only on indictment.]

Court's reminder to a defendant of right to object to evidence being read at trial without further proof
     10.4 A magistrates' court which commits a person for trial shall forthwith remind him of his right to object, by written notification to the prosecutor and the Crown Court within 14 days of being committed unless that court in its discretion permits such an objection to be made outside that period, to a statement or deposition being read as evidence at the trial without oral evidence being given by the person who made the statement or deposition, and without the opportunity to cross-examine that person.

[Note. Formerly rule 8 of the Magistrates' Courts Rules 1981. As to the duty on the prosecution to notify the defendant of this right, see rule 27.2. On the coming into force of Schedule 3 to the Criminal Justice Act 2003 committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998 in the same way as cases triable only on indictment.]

Material to be sent to court of trial
     10.5

    (1) As soon as practicable after the committal of any person for trial, and in any case within 4 days from the date of his committal (not counting Saturdays, Sundays, Good Friday, Christmas Day or Bank Holidays), the magistrates' court officer shall, subject to the provisions of section 7 of the Prosecution of Offences Act 1985[62] (which relates to the sending of documents and things to the Director of Public Prosecutions), send to the Crown Court officer - 

(a) the information, if it is in writing;

(b)


(i) the evidence tendered in accordance with section 5A of the Magistrates' Courts Act 1980 and, where any of that evidence consists of a copy of a deposition or documentary exhibit which is in the possession of the court, any such deposition or documentary exhibit, and

(ii) a certificate to the effect that that evidence was so tendered;



(c) any notification by the prosecutor under section 5D(2) of the 1980 Act regarding the admissibility of a statement under section 23 or 24 of the Criminal Justice Act 1988[63] (first hand hearsay; business documents);

(d) a copy of the record made in pursuance of section 5 of the Bail Act 1976[64] relating to the grant or withholding of bail in respect of the accused on the occasion of the committal;

(e) any recognizance entered into by any person as surety for the accused together with a statement of any enlargement thereof under section 129(4) of the 1980 Act;

(f) a list of the exhibits produced in evidence before the justices or treated as so produced;

(g) such of the exhibits referred to in paragraph (1)(f) as have been retained by the justices;

(h) the names and addresses of any interpreters engaged for the defendant for the purposes of the committal proceedings, together with any telephone numbers at which they can be readily contacted, and details of the languages or dialects in connection with which they have been so engaged;

(i) if the committal was under section 6(2) of the 1980 Act (committal for trial without consideration of the evidence), a statement to that effect;

(j) if the magistrates' court has made an order under section 8(2) of the 1980 Act (removal of restrictions on reports of committal proceedings), a statement to that effect;

(k) the certificate of the examining justices as to the costs of the prosecution under the Costs in Criminal Cases (General) Regulations 1986[65];

(l) if any person under the age of 18 is concerned in the committal proceedings, a statement whether the magistrates' court has given a direction under section 39 of the Children and Young Persons Act 1933[66] (prohibition of publication of certain matter in newspapers);

(m) a copy of any representation order previously made in the case;

(n) a copy of any application for a representation order previously made in the case which has been refused; and

(o) any documents relating to an appeal by the prosecution against the granting of bail.

    (2) The period of 4 days specified in paragraph (1) may be extended in relation to any committal for so long as the Crown Court officer directs, having regard to the length of any document mentioned in that paragraph or any other relevant circumstances.

[Note. Formerly rule 11 of the Magistrates' Courts Rules 1981. On the coming into force of Schedule 3 to the Criminal Justice Act 2003 committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998 in the same way as cases triable only on indictment.]

"notice of transfer" means a notice referred to in section 4(1) of the Criminal Justice Act 1987[67] or section 53(1) of the Criminal Justice Act 1991[68].

    (2) Where this Part requires a document to be given or sent, or a notice to be communicated in writing, it may, with the consent of the addressee, be sent by electronic communication.

    (3) Electronic communication means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) - 

(a) by means of an electronic communications network (within the meaning of the Communications Act 2003[69]); or

(b) by other means but while in an electronic form.

[Note. Formerly rule 2 of the Magistrates' Courts (Notice of Transfer) Rules 1988[70] and rule 2 of the Magistrates' Courts (Notice of Transfer) (Children's Evidence) Rules 1992[71]. See also sections 4 and 5 of the Criminal Justice Act 1987 and section 53 of, and Schedule 6 to, the Criminal Justice Act 1991. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[72] those provisions will be replaced with sections 51B and 51C of the Crime and Disorder Act 1998[73], which are to similar effect. For the duties of the prosecuting authority see the Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988[74] and the Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992[75].]

Transfer on bail
     11.2  - (1) Where a person in respect of whom notice of transfer has been given - 

(a) is granted bail under section 5(3) or (7A) of the Criminal Justice Act 1987[76] by the magistrates' court to which notice of transfer was given; or

(b) is granted bail under paragraph 2(1) or (7) of Schedule 6 to the Criminal Justice Act 1991[77] by the magistrates' court to which notice of transfer was given,

the magistrates' court officer shall give notice thereof in writing to the governor of the prison or remand centre to which the said person would have been committed by that court if he had been committed in custody for trial.

    (2) Where notice of transfer is given under section 4(1) of the 1987 Act in respect of a corporation the magistrates' court officer shall give notice thereof to the governor of the prison to which would be committed a male over 21 committed by that court in custody for trial.

[Note. Formerly rule 3 of the Magistrates' Courts (Notice of Transfer) Rules 1988 and rule 3 of the Magistrates' Courts (Notice of Transfer) (Children's Evidence) Rules 1992. For bail generally, see Part 19.]

Notice where person removed to hospital
     11.3 Where a transfer direction has been given by the Secretary of State under section 47 or 48 of the Mental Health Act 1983[78] in respect of a person remanded in custody by a magistrates' court and, before the direction ceases to have effect, notice of transfer is given in respect of that person, the magistrates' court officer shall give notice thereof in writing - 

(a) to the governor of the prison to which that person would have been committed by that court if he had been committed in custody for trial; and

(b) to the managers of the hospital where he is detained.

[Note. Formerly rule 4 of the Magistrates' Courts (Notice of Transfer) Rules 1988 and rule 4 of the Magistrates' Courts (Notice of Transfer) (Children's Evidence) Rules 1992.]

Variation of arrangements for bail
     11.4

    (1) A person who intends to make an application to a magistrates' court under section 3(8) of the Bail Act 1976[79] as that subsection has effect under section 3(8A) of that Act shall give notice thereof in writing to the magistrates' court officer, and to the designated authority or the defendant, as the case may be, and to any sureties concerned.

    (2) Where, on an application referred to in paragraph (1), a magistrates' court varies or imposes any conditions of bail, the magistrates' court officer shall send to the Crown Court officer a copy of the record made in pursuance of section 5 of the 1976 Act relating to such variation or imposition of conditions.

[Note. Formerly rule 5 of the Magistrates' Courts (Notice of Transfer) Rules 1988.]

Documents etc to be sent to Crown Court
     11.5 As soon as practicable after a magistrates' court to which notice of transfer has been given has discharged the functions reserved to it under section 4(1) of the Criminal Justice Act 1987 or section 53(3) of the Criminal Justice Act 1991[80], the magistrates' court officer shall send to the Crown Court officer - 

(a) a list of the names, addresses and occupations of the witnesses;

(b) a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to the grant of withholding of bail in respect of the accused;

(c) any recognizance entered into by any person as surety for the accused together with a statement of any enlargement thereof;

(d) a copy of any representation order previously made in the case; and

(e) a copy of any application for a representation order previously made in the case which has been refused.

[Note. Formerly rule 7 of the Magistrates' Courts (Notice of Transfer) Rules 1988 and rule 6 of the Magistrates' Courts (Notice of Transfer) (Children's Evidence) Rules 1992.]

(a) the information, if it is in writing;

(b) the notice required by section 51(7) of the 1998 Act;

(c) a copy of the record made in pursuance of section 5 of the Bail Act 1976[83] relating to the granting or withholding of bail in respect of the accused on the occasion of the sending;

(d) any recognizance entered into by any person as surety for the accused together with any enlargement thereof under section 129(4) of the Magistrates' Courts Act 1980[84];

(e) the names and addresses of any interpreters engaged for the defendant for the purposes of the appearance in the magistrates' court, together with any telephone numbers at which they can be readily contacted, and details of the languages or dialects in connection with which they have been so engaged;

(f) if any person under the age of 18 is concerned in the proceedings, a statement whether the magistrates' court has given a direction under section 39 of the Children and Young Persons Act 1933[85] (prohibition of publication of certain matter in newspapers);

(g) a copy of any representation order previously made in the case;

(h) a copy of any application for a representation order previously made in the case which has been refused; and

(i) any documents relating to an appeal by the prosecution against the granting of bail.

    (2) The period of 4 days specified in paragraph (1) may be extended in relation to any sending for trial for so long as the Crown Court officer directs, having regard to any relevant circumstances.

[Note. Formerly rule 11A of the Magistrates' Courts Rules 1981[86]. See also section 51 of the Crime and Disorder Act 1998. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[87] section 51 of the 1998 Act will apply to either way as well as indictable only offences, and section 51A will extend the section 51 procedure to children and young persons[88]. For the procedure governing the service of evidence by the prosecution where an accused is sent for trial, see the Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2000[89].]

Time for first appearance of accused sent for trial
     12.2 A Crown Court officer to whom notice has been given under section 51(7) of the Crime and Disorder Act 1998, shall list the first Crown Court appearance of the person to whom the notice relates in accordance with any directions given by the magistrates' court.

[Note. Formerly rule 24ZA of the Crown Court Rules 1982[90]. The provisions of that rule regarding the listing of the first appearance within set periods of time no longer apply.]

"notice of transfer" means a notice referred to in section 4(1) of the Criminal Justice Act 1987[91] or section 53(1) of the Criminal Justice Act 1991[92]; and

"the prosecution" means the authority by or on behalf of whom notice of transfer was given under the 1987 or 1991 Acts, or the authority by or on behalf of whom documents were served under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998[93].

[Note. Formerly rule 1 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988[94], rule 1 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992[95] and rule 1 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998 [96]. See also section 6 of the Criminal Justice Act 1987, section 53 of, and Schedule 6 to, the Criminal Justice Act 1991 and sections 51 and 52 of, and Schedule 3 to, the Crime and Disorder Act 1998.]

Written notice of oral application for dismissal
     13.2

    (1) Where notice of transfer has been given under the Criminal Justice Act 1987 or the Criminal Justice Act 1991, or a person has been sent for trial under the Crime and Disorder Act 1998, and the person concerned proposes to apply orally - 

(a) under section 6(1) of the 1987 Act[97];

(b) under paragraph 5(1) of Schedule 6 to the 1991 Act[98]; or

(c) under paragraph 2(1) of Schedule 3 to the 1998 Act[99]

for any charge in the case to be dismissed, he shall give notice of his intention in writing to the Crown Court officer at the place specified by the notice of transfer under the 1987 or 1991 Acts or the notice given under section 51(7) of the 1998 Act as the proposed place of trial. Notice of intention to make an application under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (2) Notice of intention to make an application shall be given - 

(a) in the case of an application to dismiss charges transferred under the 1987 Act, not later than 28 days after the day on which notice of transfer was given;

(b) in the case of an application to dismiss charges transferred under the 1991 Act, not later than 14 days after the day on which notice of transfer was given; and

(c) in the case of an application to dismiss charges sent under the 1998 Act, not later than 14 days after the day on which the documents were served under paragraph 1 of Schedule 3 to that Act,

and a copy of the notice shall be given at the same time to the prosecution and to any person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged.

    (3) The time for giving notice may be extended, either before or after it expires, by the Crown Court, on an application made in accordance with paragraph (4).

    (4) An application for an extension of time for giving notice shall be made in writing to the Crown Court officer, and a copy thereof shall be given at the same time to the prosecution and to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Such an application made in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (5) The Crown Court officer shall give notice in the form set out in the Practice Direction of the judge's decision on an application under paragraph (3) - 

(a) to the applicant for dismissal;

(b) to the prosecution; and

(c) to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged.

    (6) A notice of intention to make an application under section 6(1) of the 1987 Act, paragraph 5(1) of Schedule 6 to the 1991 Act or paragraph 2(1) of Schedule 3 to the 1998 Act shall be accompanied by a copy of any material on which the applicant relies and shall - 

(a) specify the charge or charges to which it relates;

(b) state whether the leave of the judge is sought under section 6(3) of the 1987 Act, paragraph 5(4) of Schedule 6 to the 1991 Act or paragraph 2(4) of Schedule 3 to the 1998 Act[100] to adduce oral evidence on the application, indicating what witnesses it is proposed to call at the hearing; and

(c) in the case of a transfer under the 1991 Act, confirm in relation to each such witness that he is not a child to whom paragraph 5(5) of Schedule 6 to that Act applies.

    (7) Where leave is sought from the judge for oral evidence to be given on an application, notice of his decision, indicating what witnesses are to be called if leave is granted, shall be given in writing by the Crown Court officer to the applicant for dismissal, the prosecution and to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Notice of a decision in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (8) Where an application for dismissal under section 6(1) of the 1987 Act, paragraph 5(1) of Schedule 6 to the 1991 Act or paragraph 2(1) of Schedule 3 to the 1998 Act is to be made orally, the Crown Court officer shall list the application for hearing before a judge of the Crown Court and the prosecution shall be given the opportunity to be represented at the hearing.

[Note. Formerly rule 2 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988, rule 2 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992 and rule 2 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998.]

Written application for dismissal
     13.3

    (1) Application may be made for dismissal under section 6(1) of the Criminal Justice Act 1987, paragraph 5(1) of Schedule 6 to the Criminal Justice Act 1991 or paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 without an oral hearing. Such an application shall be in writing, and in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (2) The application shall be sent to the Crown Court officer and shall be accompanied by a copy of any statement or other document, and identify any article, on which the applicant for dismissal relies.

    (3) A copy of the application and of any accompanying documents shall be given at the same time to the prosecution and to any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged.

    (4) A written application for dismissal shall be made - 

(a) not later than 28 days after the day on which notice of transfer was given under the 1987 Act;

(b) not later than 14 days after the day on which notice of transfer was given under the 1991 Act; or

(c) not later than 14 days after the day on which documents required by paragraph 1 of Schedule 3 to the 1998 Act were served

unless the time for making the application is extended, either before or after it expires, by the Crown Court; and rule 13.2(4) and (5) shall apply for the purposes of this paragraph as if references therein to giving notice of intention to make an oral application were references to making a written application under this rule.

[Note. Formerly rule 3 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988, rule 3 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992 and rule 3 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998.]

Prosecution reply
     13.4

    (1) Not later than seven days from the date of service of notice of intention to apply orally for the dismissal of any charge contained in a notice of transfer or based on documents served under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, the prosecution may apply to the Crown Court under section 6(3) of the Criminal Justice Act 1987, paragraph 5(4) of Schedule 6 to the Criminal Justice Act 1991 or paragraph 2(4) of Schedule 3 to the 1998 Act for leave to adduce oral evidence at the hearing of the application, indicating what witnesses it is proposed to call.

    (2) Not later than seven days from the date of receiving a copy of an application for dismissal under rule 13.3, the prosecution may apply to the Crown Court for an oral hearing of the application.

    (3) An application under paragraph (1) or (2) shall be served on the Crown Court officer in writing and, in the case of an application under paragraph (2), shall state whether the leave of the judge is sought to adduce oral evidence and, if so, shall indicate what witnesses it is proposed to call. Where leave is sought to adduce oral evidence under paragraph 5(4) of Schedule 6 to the 1991 Act, the application should confirm in relation to each such witness that he is not a child to whom paragraph 5(5) of that Schedule applies. Such an application in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (4) Notice of the judge's determination upon an application under paragraph (1) or (2), indicating what witnesses (if any) are to be called shall be served in writing by the Crown Court officer on the prosecution, on the applicant for dismissal and on any other party to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Such a notice in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

    (5) Where, having received the material specified in rule 13.2 or, as the case may be, rule 13.3, the prosecution proposes to adduce in reply thereto any written comments or any further evidence, the prosecution shall serve any such comments, copies of the statements or other documents outlining the evidence of any proposed witnesses, copies of any further documents and, in the case of an application to dismiss charges transferred under the 1991 Act, copies of any video recordings which it is proposed to tender in evidence, on the Crown Court officer not later than 14 days from the date of receiving the said material, and shall at the same time serve copies thereof on the applicant for dismissal and any other person to whom the notice of transfer relates or with whom the applicant is jointly charged. In the case of a defendant acting in person, copies of video recordings need not be served but shall be made available for viewing by him.

    (6) The time for - 

(a) making an application under paragraph (1) or (2) above; or

(b) serving any material on the Crown Court officer under paragraph (5) above

may be extended, either before or after it expires, by the Crown Court, on an application made in accordance with paragraph (7) below.

    (7) An application for an extension of time under paragraph (6) above shall be made in writing and shall be served on the Crown Court officer, and a copy thereof shall be served at the same time on to the applicant for dismissal and on any other person to whom the notice of transfer relates or with whom the applicant for dismissal is jointly charged. Such an application in proceedings under the 1987 or 1991 Acts shall be in the form set out in the Practice Direction.

[Note. Formerly rule 4 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988, rule 4 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992 and rule 4 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998.]

Determination of applications for dismissal - procedural matters
     13.5

    (1) A judge may grant leave for a witness to give oral evidence on an application for dismissal notwithstanding that notice of intention to call the witness has not been given in accordance with the foregoing provisions of this Part.

    (2) Where an application for dismissal is determined otherwise than at an oral hearing, the Crown Court officer shall as soon as practicable, send to all the parties to the case written notice of the outcome of the application. Such a notice in proceedings under the 1987 and 1991 Acts shall be in the form set out in the Practice Direction.

[Note. Formerly rule 5 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988, rule 5 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992 and rule 5 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998.]

Service of documents
     13.6

    (1) Any notice or other document which is required by this Part to be given to any person may be served personally on that person or sent to him by post at his usual or last known residence or place of business in England and Wales or, in the case of a company, at the company's registered office in England or Wales.

    (2) If the person to be served is acting by a solicitor, the notice or other document may be served by delivering it, or sending it by post, to the solicitor's address for service.

[Note. Formerly rule 6 of the Criminal Justice Act 1987 (Dismissal of Transferred Charges) Rules 1988, rule 6 of the Criminal Justice Act 1991 (Dismissal of Transferred Charges) Rules 1992 and rule 6 of the Crime and Disorder Act 1998 (Dismissal of Charges Sent) Rules 1998.]

(a) where a defendant has been committed for trial, within a period of 28 days commencing with the date of committal;

(b) where a notice of transfer has been given under section 4 of the Criminal Justice Act 1987[104] (serious fraud), within a period of 28 days commencing with the date on which notice is given;

(c) where a notice of transfer has been served under section 53 of the Criminal Justice Act 1991[105] (certain cases involving children), within a period of 28 days commencing with the date on which notice is served; and

(d) where a person is sent for trial under section 51 of the Crime and Disorder Act 1998[106], within a period of 28 days commencing with the date on which copies of the documents containing the evidence on which the charge or charges are based are served under paragraph 1 of Schedule 3 to that Act[107].

    (2) The period referred to in paragraph (1) may, on the application of the person preferring the bill of indictment or otherwise, be extended by a judge of the Crown Court before or after it has expired; and any period so extended may be further extended in like manner.

    (3) Notwithstanding paragraph (2), the first extension of the period may be granted by the Crown Court officer provided that the period of the extension does not exceed 28 days; but if the court officer is of the opinion that the first extension of the period should not be granted, he shall refer the application to a judge of the Crown Court who shall determine the application himself.

    (4) An application under paragraph (2) above shall - 

(a) be in writing unless a judge of the Crown Court otherwise directs; and

(b) include a statement of the reasons why an extension of the period referred to in paragraph (1) is necessary.

    (5) Where an application under paragraph (2) is made after the expiry of the period referred to in paragraph (1) or, as the case may be, the expiry of that period as extended under paragraph (2), the application shall in addition include a statement of the reasons why the application was not made before the expiry of the period or, as the case may be, the extended period.

[Note. Formerly rule 5 of the Indictments (Procedure) Rules 1971.]

Committal documents to be made available to person wishing to prefer an indictment
     14.3 It shall be the duty of any person in charge of any committal documents to give to any person desiring to make an application for leave to prefer a bill of indictment against a person in respect of whom committal proceedings have taken place, a reasonable opportunity to inspect the committal documents and, if so required by him, to supply him with copies of the documents or any part thereof.

[Note. Formerly rule 11 of the Indictments (Procedure) Rules 1971. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[108] committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998[109] in the same way as cases triable only on indictment.]

(a) committal for trial;

(b) transfer of proceedings for trial; or

(c) preferment of a bill of indictment under the authority of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933[117].

    (2) Where paragraph (1)(b) above would otherwise apply and an application for dismissal of the offence charged is made within 28 days of the transfer of proceedings for trial, then an application under section 7(2) of the 1987 Act or section 29(4) of the 1996 Act shall be made - 

(a) within 28 days of the transfer of proceedings for trial; or

(b) no later than 7 days after the said application for dismissal is determined or withdrawn, if the last mentioned period expires later than the period referred to in paragraph (2)(a).

    (3) The time for making an application under section 7(2) of the 1987 Act or section 29(4) of the 1996 Act may be extended by the Crown Court, either before or after it expires, on an application made in accordance with paragraph (4).

    (4) An application for an extension of time under paragraph (3) shall be made in the form set out in the Practice Direction, specifying the grounds of the application and shall be served on the Crown Court officer, and a copy of the application shall at the same time as it is served on that officer be served on the other party, or if there is more than one, each of the other parties in the case.

    (5) An application for an extension of time under paragraph (3) shall be determined by a judge of the Crown Court without a hearing unless the judge otherwise directs, and the Crown Court officer shall serve notice on the parties in the case of the time and place of any such hearing.

    (6) The Crown Court officer shall serve notice of the judge's decision on an application under paragraph (3) on the parties in the case.

[Note. Formerly rule 4 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 4 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997.]

Representations concerning an application
     15.3 Where a party receives a copy of an application as referred to in rule 15.1 (made under section 7(2) of the Criminal Justice Act 1987 or section 29(4) of the Criminal Procedure and Investigations Act 1996) and proposes to make written representations to the Crown Court concerning the application, he shall serve any such representations on the Crown Court officer within 7 days of receipt of the copy application, and shall, at the same time as he serves the representations on the court officer, serve a copy thereof on the other party, or if there is more than one, each of the other parties in the case.

[Note. Formerly rule 5 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 5 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997.]

Determination of application
     15.4

    (1) An application under section 7(2) of the Criminal Justice Act 1987 or section 29(4) of the Criminal Procedure and Investigations Act 1996 shall be determined without a hearing unless a judge of the Crown Court otherwise directs, and the Crown Court officer shall serve notice on the parties in the case of the time and place of any such hearing.

    (2) The Crown Court officer shall serve notice of the determination of an application, or of an order for a preparatory hearing made of a judge's own motion, in the form set out in the Practice Direction, on the parties in the case.

[Note. Formerly rule 6 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 6 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997.]

Disclosure of prosecution case
     15.5 Where an order is made under section 9(4) of the Criminal Justice Act 1987[118] or section 31(4) of the Criminal Procedure and Investigations Act 1996[119] for the prosecution to prepare and serve any documents, the order shall identify the documents to be served and require the prosecution to serve a copy of each such document on the other party, or if there is more than one, each of the other parties in the case, and the Crown Court officer shall serve notice of the order on the parties in the case.

[Note. Formerly rule 7 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 7 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997. Under section 9(4) of the 1987 Act and section 31(4) of the 1996 Act the judge can require the prosecution to set out its case in a written statement, to arrange its evidence in a form that will be easiest for the jury to understand, to prepare a list of agreed facts, and to amend the case statement as directed by the judge following representations from the defence.]

Defence disclosure
     15.6

    (1) Where an order is made under section 9(5) of the Criminal Justice Act 1987 or section 31(6) or (7) of the Criminal Procedure and Investigations Act 1996, or a requirement is imposed under section 31(9) of the 1996 Act in relation to an order made under section 31(7) of that Act, the Crown Court officer shall serve notice of the order in the form set out in the Practice Direction on each party to whom the order applies and on the prosecution.

    (2) Except to the extent that disclosure is required - 

(a) by section 5(7) of the 1996 Act[120] (alibi); or

(b) by rules under section 81 of the Police and Criminal Evidence Act 1984[121] (expert evidence),

a statement required by virtue of an order under section 9(5)(i) of the 1987 Act or section 31(6)(a) of the 1996 Act, or a notice required by virtue of an order under section 9(5)(ii) or (iv) of the 1987 Act or section 31(6)(b) or section 31(7) of the 1996 Act (including a requirement imposed under section 31(9) of that Act in relation to such an order), need not disclose who will give evidence; and the notice referred to in paragraph (1) shall include a statement to that effect.

    (3) The notice referred to in paragraph (1) shall include a warning that if any party departs from the case he disclosed in pursuance of an order made under section 9 of the 1987 Act or section 31 of the 1996 Act or fails to comply with such an order - 

(a) the judge or, with the leave of the judge, any other party may make such comment as appears to him appropriate and the jury may draw such inference as appears proper; and

(b) where the court is satisfied that any such departure or failure by a party constitutes an unnecessary or improper act or omission on his part, and that another party to the proceedings has incurred costs as a result thereof, the court may make an order as to the payment of those costs by the party concerned under the Costs in Criminal Cases (General) Regulations 1986[122].

[Note. Formerly rule 8 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 8 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997. Under section 9(5) of the 1987 Act and section 31(6) and (7) of the 1996 Act the judge can require the defence to set out its case in a written statement, to make any objection to the prosecution case statement in writing, to give written notice of any points of law that will be taken, and to agree the facts listed by the prosecution or explain why they cannot be agreed.]

Content of order
     15.7 Where a judge makes an order under section 9 of the Criminal Justice Act 1987 or section 31(4), (6) or (7) of the Criminal Procedure and Investigations Act 1996, the order shall so far as practicable express the matters required to be done thereunder by reference to the relevant provisions of section 9(4) or, as the case may be, (5) of the 1987 Act or section 31(4) or, as the case may be, (6) or (7) of the 1996 Act.

[Note. Formerly rule 9 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 9 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997.]

Service of documents
     15.8

    (1) Any notice or other document which is required by this Part to be served on any person may be served personally on that person or sent to him by post in a letter addressed to him at his usual or last known residence or place of business in England or Wales; in the case of a company, such a letter may also be addressed to the company at its registered office in England or Wales (if it has such a registered office).

    (2) If the person to be served is acting by a solicitor, the notice or other document may be served by delivering it, or sending it by post, to the solicitor's address for service.

    (3) Where there is inscribed on the writing paper of the person to be served with a notice or other document or on the writing paper of his solicitor (where the person to be served is acting by a solicitor) a document exchange box number, and that person or his solicitor (as the case may be) has not indicated in writing to the person serving the document that he is unwilling to accept service through a document exchange, service of the notice or document may be effected by leaving the notice or document addressed to the numbered box of that person or his solicitor at the document exchange in question or at a document exchange which transmits documents every business day to that document exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.

    (4) In this rule:

"document exchange" means any document exchange for the time being approved by the Lord Chancellor for the purposes of the service of documents;

"business day" means a day other than a day which is to be excluded for the purposes of reckoning a period of 7 days or less; and

"solicitor" includes a body corporate which is recognised by the Council of the Law Society under section 9 of the Administration of Justice Act 1985[123] (a "recognised body") and, in the case of a recognised body, (notwithstanding anything in the Solicitors' Incorporated Practices Order 1991[124]), the reference in paragraph (2) to the solicitor's address for service shall be construed as a reference to the address specified by the recognised body as its address for the purposes of the proceedings relating to the application for a preparatory hearing under section 7(2) of the Criminal Justice Act 1987 and/or the order for such a hearing under section 7(1) of that Act (including an address specified for the general purposes of the criminal proceedings in relation to which the application or order for a preparatory hearing is made), or, in the absence of such a specified address, to its registered office.

[Note. Formerly rule 10 of the Criminal Justice Act 1987 (Preparatory Hearings) Rules 1997 and rule 10 of the Criminal Procedure and Investigations Act 1996 (Preparatory Hearings) Rules 1997.]

    (3) The notification under paragraph (1) must be given within five business days of the date the application was served on him unless an extension of time is granted under rule 16.6.

[Note. Formerly rule 3 of the Magistrates' Courts (Reports Relating to Adult Witnesses) Rules 2004 and rule 3 of the Crown Court (Reports Relating to Adult Witnesses) Rules 2004.]

Urgent action on an application under section 46(6) of the Youth Justice and Criminal Evidence Act 1999
     16.3

    (1) The court may give a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999 in relation to a witness in those proceedings, notwithstanding that the five business days specified in rule 16.2(3) have not expired if - 

(a) an application is made to it for the purposes of this rule; and

(b) it is satisfied that, due to exceptional circumstances, it is appropriate to do so.

    (2) Any party to the proceedings may make the application under paragraph (1) whether or not an application has already been made under rule 16.1.

    (3) An application under paragraph (1) may be made orally or in writing.

    (4) If an application is made orally, the court may hear and take into account representations made to it by any person who in the court's view has a legitimate interest in the application before it.

    (5) The application must specify the exceptional circumstances on which the applicant relies.

[Note. Formerly rule 4 of the Magistrates' Courts (Reports Relating to Adult Witnesses) Rules 2004 and rule 4 of the Crown Court (Reports Relating to Adult Witnesses) Rules 2004.]

Excepting direction under section 46(9) of the Youth Justice and Criminal Evidence Act 1999
     16.4

    (1) An application for an excepting direction under section 46(9) of the Youth Justice and Criminal Evidence Act 1999 (a direction dispensing with restrictions imposed by a reporting direction) may be made by - 

(a) any party to those proceedings; or

(b) any person who, although not a party to the proceedings, is directly affected by a reporting direction given in relation to a witness in those proceedings.

    (2) If an application for an excepting direction is made, the applicant must state why - 

(a) the effect of a reporting direction imposed places a substantial and unreasonable restriction on the reporting of the proceedings; and

(b) it is in the public interest to remove or relax those restrictions.

    (3) An application for an excepting direction may be made in writing, pursuant to paragraph (4), at any time after the commencement of the proceedings in the court or orally at a hearing of an application for a reporting direction.

    (4) If the application for an excepting direction is made in writing it must be in the form set out in the Practice Direction and the applicant shall send that application to the court officer and copies shall be sent at the same time to every party to those proceedings.

    (5) Any person served with a copy of an application for an excepting direction who wishes to oppose it, must notify the applicant and the court officer in writing of his opposition and give reasons for it.

    (6) The notification under paragraph (5) must be given within five business days of the date the application was served on him unless an extension of time is granted under rule 16.6.

[Note. Formerly rule 5 of the Magistrates' Courts (Reports Relating to Adult Witnesses) Rules 2004 and rule 5 of the Crown Court (Reports Relating to Adult Witnesses) Rules 2004.]

Variation or revocation of a reporting or excepting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999
     16.5

    (1) An application for the court to - 

(a) revoke a reporting direction; or

(b) vary or revoke an excepting direction,

may be made to the court at any time after the commencement of the proceedings in the court.

    (2) An application under paragraph (1) may be made by a party to the proceedings in which the direction was issued, or by a person who, although not a party to those proceedings, is in the opinion of the court directly affected by the direction.

    (3) An application under paragraph (1) must be made in writing and the applicant shall send that application to the officer of the court in which the proceedings commenced, and at the same time copies of the application shall be sent to every party or, as the case may be, every party to the proceedings.

    (4) The applicant must set out in his application the reasons why he seeks to have the direction varied or, as the case may be, revoked.

    (5) Any person served with a copy of an application who wishes to oppose it, must notify the applicant and the court officer in writing of his opposition and give reasons for it.

    (6) The notification under paragraph (5) must be given within five business days of the date the application was served on him unless an extension of time is granted under rule 16.6.

[Note. Formerly rule 6 of the Magistrates' Courts (Reports Relating to Adult Witnesses) Rules 2004 and rule 6 of the Crown Court (Reports Relating to Adult Witnesses) Rules 2004.]

Application for an extension of time in proceedings under section 46 of the Youth Justice and Criminal Evidence Act 1999
     16.6

    (1) An application may be made in writing to extend the period of time for notification under rule 16.2(3), rule 16.4(6) or rule 16.5(6) before that period has expired.

    (2) An application must be accompanied by a statement setting out the reasons why the applicant is unable to give notification within that period.

    (3) An application must be sent to the court officer and a copy of the application must be sent at the same time to the applicant.

[Note. Formerly rule 7 of the Magistrates' Courts (Reports Relating to Adult Witnesses) Rules 2004 and rule 7 of the Crown Court (Reports Relating to Adult Witnesses) Rules 2004.]

Decision of the court on an application under section 46 of the Youth Justice and Criminal Evidence Act 1999
     16.7

    (1) The court may - 

(a) determine any application made under rules 16.1 and rules 16.3 to 16.6 without a hearing; or

(b) direct a hearing of any application.

    (2) The court officer shall notify all the parties of the court's decision as soon as reasonably practicable.

    (3) If a hearing of an application is to take place, the court officer shall notify each party to the proceedings of the time and place of the hearing.

    (4) A court may hear and take into account representations made to it by any person who in the court's view has a legitimate interest in the application before it.

[Note. Formerly rule 8 of the Magistrates' Courts (Reports Relating to Adult Witnesses) Rules 2004 and rule 8 of the Crown Court (Reports Relating to Adult Witnesses) Rules 2004.]

Proceedings sent or transferred to the Crown Court with direction under section 46 of the Youth Justice and Criminal Evidence Act 1999 in force
     16.8 Where proceedings in which reporting directions or excepting directions have been ordered are sent or transferred from a magistrates' court to the Crown Court, the magistrates' court officer shall forward copies of all relevant directions to the Crown Court officer at the place to which the proceedings are sent or transferred.

[Note. Formerly rule 9 of the Magistrates' Courts (Reports Relating to Adult Witnesses) Rules 2004.]

Hearings in camera and applications under section 46 of the Youth Justice and Criminal Evidence Act 1999
     16.9 If in any proceedings, a prosecutor or defendant has served notice under rule 16.10 of his intention to apply for an order that all or part of a trial be held in camera, any application under this Part relating to a witness in those proceedings need not identify the witness by name and date of birth.

[Note. Formerly rule 9 of the Crown Court (Reports Relating to Adult Witnesses) Rules 2004.]

Application to hold a Crown Court trial in camera
     16.10

    (1) Where a prosecutor or a defendant intends to apply for an order that all or part of a trial be held in camera for reasons of national security or for the protection of the identity of a witness or any other person, he shall not less than 7 days before the date on which the trial is expected to begin serve a notice in writing to that effect on the Crown Court officer and the prosecutor or the defendant as the case may be.

    (2) On receiving such notice, the court officer shall forthwith cause a copy thereof to be displayed in a prominent place within the precincts of the Court.

    (3) An application by a prosecutor or a defendant who has served such a notice for an order that all or part of a trial be heard in camera shall, unless the Court orders otherwise, be made in camera, after the defendant has been arraigned but before the jury has been sworn and, if such an order is made, the trial shall be adjourned until whichever of the following shall be appropriate - 

(a) 24 hours after the making of the order, where no application for leave to appeal from the order is made; or

(b) after the determination of an application for leave to appeal, where the application is dismissed; or

(c) after the determination of the appeal, where leave to appeal is granted.

[Note. Formerly rule 24A of the Crown Court Rules 1982[128]. As to the procedure for appealing against an order, see rule 67.2.]

Crown Court hearings in chambers
     16.11

    (1) The criminal jurisdiction of the Crown Court specified in the following paragraph may be exercised by a judge of the Crown Court sitting in chambers.

    (2) The said jurisdiction is - 

(a) hearing applications for bail;

(b) issuing a summons or warrant;

(c) hearing any application relating to procedural matters preliminary or incidental to criminal proceedings in the Crown Court, including applications relating to legal aid;

(d) jurisdiction under rules 12.2 (listing first appearance of accused sent for trial), 28.3 (application for witness summons), 63.2(5) (extending time for appeal against decision of magistrates' court), and 64.7 (application to state case for consideration of High Court);

(e) hearing an application under section 41(2) of the Youth Justice and Criminal Evidence Act 1999 (evidence of complainant's previous sexual history);

(f) hearing applications under section 22(3) of the Prosecution of Offences Act 1985[129] (extension or further extension of custody time limit imposed by regulations made under section 22(1) of that Act);

(g) hearing an appeal brought by an accused under section 22(7) of the 1985 Act against a decision of a magistrates' court to extend, or further extend, such a time limit, or brought by the prosecution under section 22(8) of the same Act against a decision of a magistrates' court to refuse to extend, or further extend, such a time limit;

(h) hearing appeals under section 1 of the Bail (Amendment) Act 1993[130] (against grant of bail by magistrates' court); and

(i) hearing appeals under section 16 of the Criminal Justice Act 2003[131] (against condition of bail imposed by magistrates' court).

[Note. Formerly rule 27 of the Crown Court Rules 1982. As to hearing restraint and receivership proceedings under the Proceeds of Crime Act 2002[132] in chambers see rule 61.4.]

(a) if he is remanded in custody under section 5(1)(a) of the 1965 Act, the prison Governor to whose custody he is committed;

(b) if he is remanded on bail under section 5(1)(b) of the 1965 Act[143], the police officer in charge of the police station specified in the recognizance; or

(c) if he is committed to the custody of a constable pending the taking from him of a recognizance under section 5(1) of the 1965 Act, the police officer in charge of the police station specified in the warrant of commitment,

the warrant of arrest issued by a judicial authority in the Republic of Ireland and endorsed in accordance with section 1 of the 1965 Act[144].

    (2) The Governor or police officer to whom the said warrant of arrest is delivered or sent shall arrange for it to be given to the member of the police force of the Republic into whose custody the person is delivered when the person is so delivered.

[Note. Formerly rule 4 of the Magistrates' Courts (Backing of Warrants) Rules 1965. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Verification of warrant etc. issued in Republic of Ireland
     17.8

    (1) A document purporting to be a warrant issued by a judicial authority in the Republic of Ireland shall, for the purposes of section 7(a) of the Backing of Warrants (Republic of Ireland) Act 1965, be verified by a certificate purporting to be signed by a judicial authority, a clerk of a court or a member of the police force of the Republic and certifying that the document is a warrant and is issued by a judge or justice of a court or a peace commissioner.

    (2) A document purporting to be a copy of a summons issued by a judicial authority in the Republic shall, for the purposes of section 7(a) of the 1965 Act, be verified by a certificate purporting to be signed by a judicial authority, a clerk of a court or a member of the police force of the Republic and certifying that the document is a true copy of such a summons.

    (3) A deposition purporting to have been made in the Republic, or affidavit or written statement purporting to have been sworn therein, shall, for the purposes of section 7(c) of the 1965 Act, be verified by a certificate purporting to be signed by the person before whom it was sworn and certifying that it was so sworn.

[Note. Formerly rule 5 of the Magistrates' Courts (Backing of Warrants) Rules 1965. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Application to state a case where court declines to order removal to Republic of Ireland
     17.9

    (1) Where a magistrates' court refuses to make an order in relation to a person under section 2 of the Backing of Warrants (Republic of Ireland) Act 1965, any application to the court under section 2A(1) of that Act to state a case for the opinion of the High Court on any question of law arising in the proceedings must be made to the court by the chief officer of police within the period of 21 days following the day on which the order was refused, unless the court grants a longer period within which the application is to be made.

    (2) Such an application shall be made in writing and shall identify the question or questions of law on which the opinion of the High Court is sought.

[Note. Formerly rule 5A of the Magistrates' Courts (Backing of Warrants) Rules 1965. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Draft case where court declines to order removal to Republic of Ireland
     17.10 Within 21 days after receipt of an application to state a case under section 2A(1) of the Backing of Warrants (Republic of Ireland) Act 1965, the magistrates' court officer shall send a draft case to the applicant or his solicitor and to the person to whom the warrant relates or his solicitor and shall allow each party 21 days within which to make representations thereon; within 21 days after the latest day on which such representations may be made the court shall, after considering such representations and making such adjustments, if any, to the draft case as it thinks fit, state and sign the case which the court officer shall forthwith send to the applicant or his solicitor.

[Note. Formerly rule 5B of the Magistrates' Courts (Backing of Warrants) Rules 1965. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

Forms for proceedings for removal to Republic of Ireland
     17.11 Where a requirement is imposed by the Backing of Warrants (Republic of Ireland) Act 1965 for the use of a form, and an appropriate form is contained in the Practice Direction, that form shall be used.

[Note. Formerly rule 1 of the Magistrates' Courts (Backing of Warrants) Rules 1965. This rule has effect only in proceedings where the request for extradition was received by the relevant authority in the United Kingdom on or before 31st December 2003.]

(a) a constable for any police area in England and Wales, acting in his own police area;

(b) where the warrant is one to which section 125A of the Magistrates' Courts Act 1980[147] applies, a civilian enforcement officer within the meaning of that section; and

(c) where the warrant is one to which section 125A of the 1980 Act applies, any of the individuals described in section 125B(1) of that Act[148],

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

    (4) A person executing a warrant of arrest shall, upon arresting the person against whom the warrant is issued - 

(a) either


(i) if he has the warrant with him, show it to the person against whom the warrant is issued, or

(ii) otherwise, state where the warrant is and what arrangements may be made to allow the person arrested to inspect it;



(b) explain, in ordinary language, the offence or default with which the person is charged and the reason for the arrest;

(c) where the person executing the warrant is one of the persons referred to in paragraph (3)(b) or (c), show the person arrested a written statement under section 125A(4) or 125B(4) of the 1980 Act as appropriate; and

(d) in any case, show documentary proof of his identity.

    (5) A warrant of arrest issued under any of the provisions in paragraph (6) shall cease to have effect when - 

(a) the sum in respect of which the warrant is issued is paid to the person charged with the execution of the warrant;

(b) that sum is tendered to and refused by the person charged with the execution of the warrant; or

(c) a receipt for that sum given by - 


(i) the court officer for the court which issued the warrant, or

(ii) the charging or billing authority,



is produced to the person charged with the execution of the warrant.

    (6) Those provisions are sections 83(1), 83(2), and 86(4) of the 1980 Act[149].

[Note. Formerly rule 96 of the Magistrates' Courts Rules 1981.]

Records to be kept where warrant is endorsed for bail
     18.4

    (1) Where a person is arrested and released on bail pursuant to a warrant endorsed for bail in accordance with section 117 of the Magistrates' Courts Act 1980[150], the person executing the warrant shall make a record stating the matters set out in paragraph (2).

    (2) Those matters are - 

(a) the name of the person arrested;

(b) the offence or default with which the person arrested is charged and the reason for the arrest;

(c) the fact that that person is to be released on bail;

(d) the date, time and place at which that person is to appear before the court; and

(e) any other details which in the opinion of the person executing the warrant are relevant.

    (3) After making the record, the person executing the warrant shall - 

(a) sign the record;

(b) invite the person arrested to sign the record;

(c) if the person arrested refuses to sign the record, annotate the record to show the fact of that refusal;

(d) make a copy of the record and give it to the person arrested; and

(e) send the original record to the court officer for the court which issued the warrant.

[Note. Formerly rule 90B of the Magistrates' Courts Rules 1981.]

Committal to custody to be by warrant
     18.5 A justice of the peace shall not commit any person to a prison, young offender institution or a remand centre, or to detention at a police station under section 128(7) of the Magistrates' Courts Act 1980[151], or to customs detention under section 152 of the Criminal Justice Act 1988[152] except by warrant of commitment.

[Note. Formerly rule 94 of the Magistrates' Courts Rules 1981.]

Warrant of commitment
     18.6

    (1) A warrant of commitment or detention, other than a warrant committing a person to customs detention under section 152 of the Criminal Justice Act 1988, issued by a justice of the peace - 

(a) shall name or otherwise describe the person committed or detained;

(b) shall contain a statement of the offence with which the person committed or detained is charged, or of which he has been convicted, or of any other ground on which he is committed; and

(c) shall be directed to a person named in the warrant or to the constables of the police area in which the warrant is issued or to the civilian enforcement officers for the area in which they are employed and to the governor or keeper of the prison or place of detention specified in the warrant, and shall require - 


(i) the named person or the constables or civilian enforcement officers to arrest the person committed or detained, if he is at large, and convey him to that prison or place and deliver him with the warrant to the governor or keeper, and

(ii) the governor or keeper to keep in his custody the person committed or detained until that person be delivered in due course of law, or until the happening of an event specified in the warrant, or for the period specified in the warrant, as the case may be.

    (2) A warrant issued by a justice of the peace committing a person to customs detention under section 152 of the 1988 Act - 

(a) shall name or otherwise describe the person committed;(b)Ìshall contain a statement of the offence with which the person committed is charged; and

(c) shall be directed to the officers of Her Majesty's Customs and Excise and shall require those officers to keep the person committed in their custody, unless in the meantime he be otherwise delivered in due course of law, for a period (not exceeding 192 hours) specified in the warrant.

    (3) A warrant of commitment or detention other than a warrant committing a person to customs detention under section 152 of the 1988 Act may be executed by the persons to whom it was directed or by any of the following persons, whether or not the warrant was directed to them - 

(a) a constable for any police area in England and Wales, acting in his own police area;

(b) where the warrant is one to which section 125A of the Magistrates' Courts Act 1980 applies, a civilian enforcement officer within the meaning of that section; and

(c) where the warrant is one to which section 125A of the 1980 Act applies, any of the individuals described in section 125B(1) of that Act;

and in this rule any reference to the person charged with the execution of a warrant includes any of the above persons who is for the time being authorised to execute the warrant, whether or not they have the warrant in their possession at the time.

    (4) A person executing a warrant of commitment or detention shall, upon arresting the person against whom the warrant is issued - 

(a) either


(i) if he has the warrant with him, show it to the person against whom the warrant is issued, or

(ii) otherwise, state where the warrant is and what arrangements may be made to allow the person against whom the warrant was issued to inspect it;



(b) explain, in ordinary language, the offence or default with which the person is charged and the reason for the commitment or detention;

(c) where the person executing the warrant is one of the persons referred to in paragraph (3)(b) or (c), show the person against whom the warrant was issued a written statement under section 125A(4) or 125B(4) of the 1980 Act as appropriate; and

(d) in any case, show documentary proof of his identity.

    (5) A warrant of commitment or detention, other than a warrant committing a person to customs detention under section 152 of the 1988 Act, may be executed by conveying the person committed or detained to any prison or place of detention in which he may lawfully be detained and delivering him there together with the warrant; and, so long as any person is detained in any such prison or place other than that specified in the warrant, the warrant shall have effect as if the other prison or place were the prison or place specified in it.

    (6) Notwithstanding the preceding provisions of this rule, a warrant of commitment or detention issued in pursuance of a valid conviction, or of a valid order requiring the person committed or detained to do or abstain from doing anything, shall not, if it alleges that the person committed or detained has been convicted, or ordered to do or abstain from doing that thing, be held void by reason of any defect in the warrant.

    (7) The governor or keeper of the prison or place of detention at which any person is delivered in pursuance of a warrant of commitment or detention shall give to the constable or other person making the delivery a receipt for that person.

    (8) Notwithstanding the preceding provisions of this rule, a warrant of a justice of the peace to commit to custody any person who to the justice's knowledge is already detained in a prison or other place of detention shall be delivered to the governor or keeper of the prison or place of detention in which that person is detained.

    (9) A warrant of commitment or detention issued under any of the provisions in paragraph (10) shall cease to have effect if, at any time before the person for whose commitment or detention the warrant was issued is placed in custody - 

(a) the sum in respect of which the warrant is issued, together with the costs and charges, if any, of the commitment, is paid to the person charged with the execution of the warrant;

(b) that sum is tendered to and refused by the person charged with the execution of the warrant; or

(c) a receipt for that sum given by - 


(i) the court officer for the court which issued the warrant, or

(ii) the charging or billing authority,



     is produced to the person charged with the execution of the warrant.

    (10) Those provisions are sections 76 and 136 of the 1980 Act[153];

[Note. Formerly rule 97 of the Magistrates' Courts Rules 1981.]

Form of warrant of commitment in a youth court
     18.7 Where a young person is remanded or committed under section 23(4) of the Children and Young Persons Act 1969[154] to - 

(a) local authority accommodation with a requirement that he be placed and kept in secure accommodation;

(b) a remand centre; or

(c) a prison,

the court shall record in the warrant of commitment that it has declared as mentioned in that subsection.

[Note. Formerly rule 28 of the Magistrates' Courts (Children and Young Persons) Rules 1992[155].]

Warrant of commitment where recognizances not taken
     18.8 Where a magistrates' court, with a view to a person's being remanded on bail under section 128(6)(a) of the Magistrates' Courts Act 1980[156] for a period exceeding 8 days, has fixed the amount of the recognizances to be taken for that purpose but commits that person to custody because the recognizances of the sureties have not yet been taken, the warrant of commitment shall direct the governor or keeper of the prison or place to which he is committed to bring him before the court at the end of 8 clear days or at such earlier time as may be specified in the warrant, unless in the meantime the sureties have entered into their recognizances.

[Note. Formerly rule 23 of the Magistrates' Courts Rules 1981.]

(a) be made in writing;

(b) contain a statement of the grounds upon which it is made;

(c) specify the offence with which the applicant was charged before his release on bail;

(d) specify, or be accompanied by a copy of the note of, the reasons given by the custody officer for imposing or varying the conditions of bail; and

(e) specify the name and address of any surety provided by the applicant before his release on bail to secure his surrender to custody.

    (2) Any such application shall be sent to the court officer for - 

(a) the magistrates' court (if any) appointed by the custody officer as the court before which the applicant has a duty to appear; or

(b) if no such court has been appointed, a magistrates' court acting for the local justice area in which the police station at which the applicant was granted bail or at which the conditions of his bail were varied, as the case may be, is situated,

     and, in either case, a copy shall be sent to a custody officer appointed for that police station.

    (3) The court officer to whom an application is sent under paragraph (2) above shall send a notice in writing of the date, time and place fixed for the hearing of the application to - 

(a) the applicant;

(b) the prosecutor; and

(c) any surety in connection with bail in criminal proceedings granted to, or the conditions of which were varied by a custody officer in relation to, the applicant.

    (4) The time fixed for the hearing shall be not later than 72 hours after receipt of the application. In reckoning for the purposes of this paragraph any period of 72 hours, no account shall be taken of Christmas Day, Good Friday, any bank holiday, or any Saturday or Sunday.

    (5) Any notice required by this rule to be sent to any person shall either be delivered to him or be sent by post in a letter and, if sent by post to the applicant or a surety of his, shall be addressed to him at his last known or usual place of abode.

    (6) If the magistrates' court hearing an application under section 43B(1) of the 1980 Act discharges or enlarges any recognizance entered into by any surety or increases or reduces the amount in which that person is bound, the court officer shall forthwith give notice thereof to the applicant and to any such surety.

    (7) In this rule, "the applicant" means the person making an application under section 43B(1) of the 1980 Act.

[Note. Formerly rule 84A of the Magistrates' Courts Rules 1981[158]. See also section 43B of the Magistrates' Courts Act 1980.]

Application to a magistrates' court to reconsider grant of police bail
     19.2

    (1) The appropriate court for the purposes of section 5B of the Bail Act 1976[159] in relation to the decision of a constable to grant bail shall be - 

(a) the magistrates' court (if any) appointed by the custody officer as the court before which the person to whom bail was granted has a duty to appear; or

(b) if no such court has been appointed, a magistrates' court acting for the local justice area in which the police station at which bail was granted is situated.

    (2) An application under section 5B(1) of the 1976 Act shall - 

(a) be made in writing;

(b) contain a statement of the grounds on which it is made;

(c) specify the offence which the proceedings in which bail was granted were connected with, or for;

(d) specify the decision to be reconsidered (including any conditions of bail which have been imposed and why they have been imposed); and

(e) specify the name and address of any surety provided by the person to whom the application relates to secure his surrender to custody.

    (3) Where an application has been made to a magistrates' court under section 5B of the 1976 Act,

(a) the clerk of that magistrates' court shall fix a date, time and place for the hearing of the application; and

(b) the court officer shall - 


(i) give notice of the application and of the date, time and place so fixed to the person affected, and

(ii) send a copy of the notice to the prosecutor who made the application and to any surety specified in the application.

    (4) The time fixed for the hearing shall be not later than 72 hours after receipt of the application. In reckoning for the purpose of this paragraph any period of 72 hours, no account shall be taken of Christmas Day, Good Friday, any bank holiday or any Sunday.

    (5) Service of a notice to be given under paragraph (3) to the person affected may be effected by delivering it to him.

    (6) At the hearing of an application under section 5B of the 1976 Act the court shall consider any representations made by the person affected (whether in writing or orally) before taking any decision under that section with respect to him; and, where the person affected does not appear before the court, the court shall not take such a decision unless it is proved to the satisfaction of the court, on oath or in the manner set out by rule 4.2(1), that the notice required to be given under paragraph (3) of this rule was served on him before the hearing.

    (7) Where the court proceeds in the absence of the person affected in accordance with paragraph (6) - 

(a) if the decision of the court is to vary the conditions of bail or impose conditions in respect of bail which has been granted unconditionally, the court officer shall notify the person affected;

(b) if the decision of the court is to withhold bail, the order of the court under section 5B(5)(b) of the 1976 Act (surrender to custody) shall be signed by the justice issuing it or state his name and be authenticated by the signature of the clerk of the court.

    (8) Service of any of the documents referred to in paragraph (7) may be effected by delivering it to the person to whom it is directed or by leaving it for him with some person at his last known or usual place of abode.

[Note. Formerly rule 93B of the Magistrates' Courts Rules 1981. See also section 5B of the Bail Act 1976.]

Notice of change of time for appearance before magistrates' court
     19.3 Where - 

(a) a person has been granted bail under the Police and Criminal Evidence Act 1984[160] subject to a duty to appear before a magistrates' court and the court before which he is to appear appoints a later time at which he is to appear; or

(b) a magistrates' court further remands a person on bail under section 129 of the Magistrates' Courts Act 1980[161] in his absence,

it shall give him and his sureties, if any, notice thereof.

[Note. Formerly rule 91 of the Magistrates' Courts Rules 1981.]

Directions by a magistrates' court as to security, etc
     19.4 Where a magistrates' court, under section 3(5) or (6) of the Bail Act 1976[162], imposes any requirement to be complied with before a person's release on bail, the court may give directions as to the manner in which and the person or persons before whom the requirement may be complied with.

[Note. Formerly rule 85 of the Magistrates' Courts Rules 1981. See also section 3 of the Bail Act 1976. As to the estreatment of recognizances in magistrates' courts on failure to surrender see section 120 of the Magistrates' Courts Act 1980. For the procedure where a defendant fails to surrender see also direction I.13 in the Practice Direction.]

Requirements to be complied with before release on bail granted by a magistrates' court
     19.5

    (1) Where a magistrates' court has fixed the amount in which a person (including any surety) is to be bound by a recognizance, the recognizance may be entered into - 

(a) in the case of a surety where the accused is in a prison or other place of detention, before the governor or keeper of the prison or place as well as before the persons mentioned in section 8(4)(a) of the Bail Act 1976[163];

(b) in any other case, before a justice of the peace, a justices' clerk, a magistrates' court officer, a police officer who either is of the rank of inspector or above or is in charge of a police station or, if the person to be bound is in a prison or other place of detention, before the governor or keeper of the prison or place; or

(c) where a person other than a police officer is authorised under section 125A or 125B of the Magistrates' Courts Act 1980 to execute a warrant of arrest providing for a recognizance to be entered into by the person arrested (but not by any other person), before the person executing the warrant.

    (2) The court officer for a magistrates' court which has fixed the amount in which a person (including any surety) is to be bound by a recognizance or, under section 3(5), (6) or (6A) of the 1976 Act[164] imposed any requirement to be complied with before a person's release on bail or any condition of bail shall issue a certificate showing the amount and conditions, if any, of the recognizance, or as the case may be, containing a statement of the requirement or condition of bail; and a person authorised to take the recognizance or do anything in relation to the compliance with such requirement or condition of bail shall not be required to take or do it without production of such a certificate as aforesaid.

    (3) If any person proposed as a surety for a person committed to custody by a magistrates' court produces to the governor or keeper of the prison or other place of detention in which the person so committed is detained a certificate to the effect that he is acceptable as a surety, signed by any of the justices composing the court or the clerk of the court and signed in the margin by the person proposed as surety, the governor or keeper shall take the recognizance of the person so proposed.

    (4) Where the recognizance of any person committed to custody by a magistrates' court or of any surety of such a person is taken by any person other than the court which committed the first-mentioned person to custody, the person taking the recognizance shall send it to the court officer for that court:

Provided that, in the case of a surety, if the person committed has been committed to the Crown Court for trial or under any of the enactments mentioned in rule 43.1(1), the person taking the recognizance shall send it to the Crown Court officer.

[Note. Formerly rule 86 of the Magistrates' Courts Rules 1981.]

Notice to governor of prison, etc, where release from custody is ordered by a magistrates' court
     19.6 Where a magistrates' court has, with a view to the release on bail of a person in custody, fixed the amount in which he or any surety of such a person shall be bound or, under section 3(5), (6) or (6A) of the Bail Act 1976, imposed any requirement to be complied with before his release or any condition of bail - 

(a) the magistrates' court officer shall give notice thereof to the governor or keeper of the prison or place where that person is detained by sending him such a certificate as is mentioned in rule 19.5(2); and

(b) any person authorised to take the recognizance of a surety or do anything in relation to the compliance with such requirement shall, on taking or doing it, send notice thereof by post to the said governor or keeper and, in the case of a recognizance of a surety, shall give a copy of the notice to the surety.

[Note. Formerly rule 87 of the Magistrates' Courts Rules 1981.]

Release when notice received by governor of prison that recognizances have been taken or requirements complied with
     19.7 Where a magistrates' court has, with a view to the release on bail of a person in custody, fixed the amount in which he or any surety of such a person shall be bound or, under section 3(5) or (6) of the Bail Act 1976, imposed any requirement to be complied with before his release and given notice thereof in accordance with this Part to the governor or keeper of the prison or place where that person is detained, the governor or keeper shall, when satisfied that the recognizances of all sureties required have been taken and that all such requirements have been complied with, and unless he is in custody for some other cause, release him.

[Note. Formerly rule 88 of the Magistrates' Courts Rules 1981.]

Notice from a magistrates' court of enlargement of recognizances
     19.8

    (1) If a magistrates' court before which any person is bound by a recognizance to appear enlarges the recognizance to a later time under section 129 of the Magistrates' Courts Act 1980 in his absence, it shall give him and his sureties, if any, notice thereof.

    (2) If a magistrates' court, under section 129(4) of the 1980 Act, enlarges the recognizance of a surety for a person committed for trial on bail, it shall give the surety notice thereof.

[Note. Formerly rule 84 of the Magistrates' Courts Rules 1981. See also section 129 of the Magistrates' Courts Act 1980.]

Further remand of minors by a youth court
     19.9 Where a child or young person has been remanded, and the period of remand is extended in his absence in accordance with section 48 of the Children and Young Persons Act 1933[165], notice shall be given to him and his sureties (if any) of the date at which he will be required to appear before the court.

[Note. Formerly rule 12 of the Magistrates' Courts (Children and Young Persons) Rules 1992[166].]

Notes of argument in magistrates' court bail hearings
     19.10 Where a magistrates' court hears full argument as to bail, the clerk of the court shall take a note of that argument.

[Note. Formerly rule 90A of the Magistrates' Courts Rules 1981.]

Bail records to be entered in register of magistrates' court
     19.11 Any record required by section 5 of the Bail Act 1976[167] to be made by a magistrates' court (together with any note of reasons required by section 5(4) to be included and the particulars set out in any certificate granted under section 5(6A)) shall be made by way of an entry in the register.

[Note. Formerly rule 90 of the Magistrates' Courts Rules 1981. See also section 5 of the Bail Act 1976. As to the general requirement to keep a register, see rule 6.1.]

Notification of bail decision by magistrate after arrest while on bail
     19.12 Where a person who has been released on bail and is under a duty to surrender into the custody of a court is brought under section 7(4)(a) of the Bail Act 1976[168] before a justice of the peace, the justice shall cause a copy of the record made in pursuance of section 5 of that Act relating to his decision under section 7(5) of that Act[169] in respect of that person to be sent to the court officer for that court:

Provided that this rule shall not apply where the court is a magistrates' court acting for the same local justice area as that for which the justice acts.

[Note. Formerly rule 92 of the Magistrates' Courts Rules 1981. See also section 7 of the Bail Act 1976.]

Transfer of remand hearings
     19.13

    (1) Where a magistrates' court, under section 130(1) of the Magistrates' Courts Act 1980[170], orders that an accused who has been remanded in custody be brought up for any subsequent remands before an alternate magistrates' court, the court officer for the first-mentioned court shall, as soon as practicable after the making of the order and in any case within 2 days thereafter (not counting Sundays, Good Friday, Christmas Day or bank holidays), send to the court officer for the alternate court - 

(a) a statement indicating the offence or offences charged;

(b) a copy of the record made by the first-mentioned court in pursuance of section 5 of the Bail Act 1976 relating to the withholding of bail in respect of the accused when he was last remanded in custody;

(c) a copy of any representation order previously made in the same case;

(d) a copy of any application for a representation order;

(e) if the first-mentioned court has made an order under section 8(2) of the 1980 Act[171] (removal of restrictions on reports of committal proceedings), a statement to that effect.

(f) a statement indicating whether or not the accused has a solicitor acting for him in the case and has consented to the hearing and determination in his absence of any application for his remand on an adjournment of the case under sections 5, 10(1) and 18(4) of the 1980[172] Act together with a statement indicating whether or not that consent has been withdrawn;

(g) a statement indicating the occasions, if any, on which the accused has been remanded under section 128(3A) of the 1980 Act[173] without being brought before the first-mentioned court; and

(h) if the first-mentioned court remands the accused under section 128A[174] of the 1980 Act on the occasion upon which it makes the order under section 130(1) of that Act, a statement indicating the date set under section 128A(2) of that Act.

    (2) Where the first-mentioned court is satisfied as mentioned in section 128(3A) of the 1980 Act, paragraph (1) shall have effect as if for the words "an accused who has been remanded in custody be brought up for any subsequent remands before" there were substituted the words "applications for any subsequent remands of the accused be made to".

    (3) The court officer for an alternate magistrates' court before which an accused who has been remanded in custody is brought up for any subsequent remands in pursuance of an order made as aforesaid shall, as soon as practicable after the order ceases to be in force and in any case within 2 days thereafter (not counting Sundays, Good Friday, Christmas Day or bank holidays), send to the court officer for the magistrates' court which made the order - 

(a) a copy of the record made by the alternate court in pursuance of section 5 of the 1976 Act relating to the grant or withholding of bail in respect of the accused when he was last remanded in custody or on bail;

(b) a copy of any representation order made by the alternate court;

(c) a copy of any application for a representation order made to the alternate court;

(d) if the alternate court has made an order under section 8(2) of the 1980 Act (removal of restrictions on reports of committal proceedings), a statement to that effect;

(e) a statement indicating whether or not the accused has a solicitor acting for him in the case and has consented to the hearing and determination in his absence of any application for his remand on an adjournment of the case under sections 5, 10(1) and 18(4) of the 1980 Act together with a statement indicating whether or not that consent has been withdrawn; and

(f) a statement indicating the occasions, if any, on which the accused has been remanded by the alternate court under section 128(3A) of the 1980 Act without being brought before that court.

    (4) Where the alternate court is satisfied as mentioned in section 128(3A) of the 1980 Act paragraph (2) above shall have effect as if for the words "an accused who has been remanded in custody is brought up for any subsequent remands" there shall be substituted the words "applications for the further remand of the accused are to be made".

[Note. Formerly rule 25 of the Magistrates' Court Rules 1981.]

Notice of further remand in certain cases
     19.14 Where a transfer direction has been given by the Secretary of State under section 47 of the Mental Health Act 1983[175] in respect of a person remanded in custody by a magistrates' court and the direction has not ceased to have effect, the court officer shall give notice in writing to the managers of the hospital where he is detained of any further remand under section 128 of the Magistrates' Courts Act 1980.

[Note. Formerly rule 26 of the Magistrates' Courts Rules 1981.]

Cessation of transfer direction
     19.15 Where a magistrates' court directs, under section 52(5) of the Mental Health Act 1983[176], that a transfer direction given by the Secretary of State under section 48 of that Act in respect of a person remanded in custody by a magistrates' court shall cease to have effect, the court officer shall give notice in writing of the court's direction to the managers of the hospital specified in the Secretary of State's direction and, where the period of remand has not expired or the person has been committed to the Crown Court for trial or to be otherwise dealt with, to the Governor of the prison to which persons of the sex of that person are committed by the court if remanded in custody or committed in custody for trial.

[Note. Formerly rule 110 of the Magistrates' Courts Rules 1981. As to the requirement to give notice to the prison governor and hospital authorities when a defendant subject to a transfer direction is transferred, committed or sent to the Crown Court for trial, see rules 11.3 and 19.20.]

Lodging an appeal against a grant of bail by a magistrates' court
     19.16

    (1) Where the prosecution wishes to exercise the right of appeal, under section 1 of the Bail (Amendment) Act 1993[177], to a judge of the Crown Court against a decision to grant bail, the oral notice of appeal must be given to the justices' clerk and to the person concerned, at the conclusion of the proceedings in which such bail was granted and before the release of the person concerned.

    (2) When oral notice of appeal is given, the justices' clerk shall announce in open court the time at which such notice was given.

    (3) A record of the prosecution's decision to appeal and the time the oral notice of appeal was given shall be made in the register and shall contain the particulars set out.

    (4) Where an oral notice of appeal has been given the court shall remand the person concerned in custody by a warrant of commitment.

    (5) On receipt of the written notice of appeal required by section 1(5) of the 1993 Act, the court shall remand the person concerned in custody by a warrant of commitment, until the appeal is determined or otherwise disposed of.

    (6) A record of the receipt of the written notice of appeal shall be made in the same manner as that of the oral notice of appeal under paragraph (3).

    (7) If, having given oral notice of appeal, the prosecution fails to serve a written notice of appeal within the two hour period referred to in section 1(5) of the 1993 Act the justices' clerk shall, as soon as practicable, by way of written notice (served by a court officer) to the persons in whose custody the person concerned is, direct the release of the person concerned on bail as granted by the magistrates' court and subject to any conditions which it imposed.

    (8) If the prosecution serves notice of abandonment of appeal on a court officer, the justices' clerk shall, forthwith, by way of written notice (served by the court officer) to the governor of the prison where the person concerned is being held, or the person responsible for any other establishment where such a person is being held, direct his release on bail as granted by the magistrates' court and subject to any conditions which it imposed.

    (9) A court officer shall record the prosecution's failure to serve a written notice of appeal, or its service of a notice of abandonments.

    (10) Where a written notice of appeal has been served on a magistrates' court officer, he shall provide as soon as practicable to a Crown Court officer a copy of that written notice, together with - 

(a) the notes of argument made by the court officer for the court under rule 19.10; and

(b) a note of the date, or dates, when the person concerned is next due to appear in the magistrates' court, whether he is released on bail or remanded in custody by the Crown Court.

    (11) References in this rule to "the person concerned" are references to such a person within the meaning of section 1 of the 1993 Act.

[Note. Formerly rule 93A of the Magistrates' Courts Rules 1981.]

Crown Court procedure on appeal against grant of bail by a magistrates' court
     19.17

    (1) This rule shall apply where the prosecution appeals under section 1 of the Bail (Amendment) Act 1993 against a decision of a magistrates' court granting bail and in this rule "the person concerned" has the same meaning as in that Act.

    (2) The written notice of appeal required by section 1(5) of the 1993 Act shall be in the form set out in the Practice Direction and shall be served on - 

(a) the magistrates' court officer; and

(b) the person concerned.

    (3) The Crown Court officer shall enter the appeal and give notice of the time and place of the hearing to - 

(a) the prosecution;

(b) the person concerned or his legal representative; and

(c) the magistrates' court officer.

    (4) The person concerned shall not be entitled to be present at the hearing of the appeal unless he is acting in person or, in any other case of an exceptional nature, a judge of the Crown Court is of the opinion that the interests of justice require his to be present and gives him leave to be so.

    (5) Where a person concerned has not been able to instruct a solicitor to represent him at the appeal, he may give notice to the Crown Court requesting that the Official Solicitor shall represent him at the appeal, and the court may, if it thinks fit, assign the Official Solicitor to act for the person concerned accordingly.

    (6) At any time after the service of written notice of appeal under pagraph (2), the prosecution may abandon the appeal by giving notice in writing in the form set out in the Practice Direction.

    (7) The notice of abandonment required by the preceding paragraph shall be served on - 

(a) the person concerned or his legal representative;

(b) the magistrates' court officer; and

(c) the Crown Court officer.

    (8) Any record required by section 5 of the Bail Act 1976 (together with any note of reasons required by subsection (4) of that section to be included) shall be made by way of an entry in the file relating to the case in question and the record shall include the following particulars, namely - 

(a) the effect of the decision;

(b) a statement of any condition imposed in respect of bail, indicating whether it is to be complied with before or after release on bail; and

(c) where bail is withheld, a statement of the relevant exception to the right to bail (as provided in Schedule 1 to the 1976 Act) on which the decision is based.

    (9) The Crown Court officer shall, as soon as practicable after the hearing of the appeal, give notice of the decision and of the matters required by the preceding paragraph to be recorded to - 

(a) the person concerned or his legal representative;

(b) the prosecution;

(c) the police;

(d) the magistrates' officer; and

(e) the governor of the prison or person responsible for the establishment where the person concerned is being held.

    (10) Where the judge hearing the appeal grants bail to the person concerned, the provisions of rule 19.18(9) (informing the Court of any earlier application for bail) and rule 19.22 (conditions attached to bail granted by the Crown Court) shall apply as if that person had applied to the Crown Court for bail.

    (11) In addition to the methods of service permitted by rule 4.3 (service of documents in Crown Court proceedings), the notices required by paragraphs (3), (5), (7) and (9) of this rule may be sent by way of facsimile transmission and the notice required by paragraph (3) may be given by telephone.

[Note. Formerly rule 11A of the Crown Court Rules 1982[178].]

Applications to Crown Court relating to bail
     19.18

    (1) This rule applies where an application to the Crown Court relating to bail is made otherwise than during the hearing of proceedings in the Crown Court.

    (2) Subject to paragraph (7) below, notice in writing of intention to make such an application to the Crown Court shall, at least 24 hours before it is made, be given to the prosecutor and if the prosecution is being carried on by the Crown Prosecution Service, to the appropriate Crown Prosecutor or, if the application is to be made by the prosecutor or a constable under section 3(8) of the Bail Act 1976[179], to the person to whom bail was granted.

    (3) On receiving notice under paragraph (2), the prosecutor or appropriate Crown Public Prosecutor or, as the case may be, the person to whom bail was granted shall - 

(a) notify the Crown Court officer and the applicant that he wishes to be represented at the hearing of the application;

(b) notify the Crown Court officer and the applicant that he does not oppose the application; or

(c) give to the Crown Court officer, for the consideration of the Crown Court, a written statement of his reasons for opposing the application, at the same time sending a copy of the statement to the applicant.

    (4) A notice under paragraph (2) shall be in the form set out in the Practice Direction or a form to the like effect, and the applicant shall give a copy of the notice to the Crown Court officer.

    (5) Except in the case of an application made by the prosecutor or a constable under section 3(8) of the 1976 Act, the applicant shall not be entitled to be present on the hearing of his application unless the Crown Court gives him leave to be present.

    (6) Where a person who is in custody or has been released on bail desires to make an application relating to bail and has not been able to instruct a solicitor to apply on his behalf under the preceding paragraphs of this rule, he may give notice in writing to the Crown Court of his desire to make an application relating to bail, requesting that the Official Solicitor shall act for him in the application, and the Court may, if it thinks fit, assign the Official Solicitor to act for the applicant accordingly.

    (7) Where the Official Solicitor has been so assigned the Crown Court may, if it thinks fit, dispense with the requirements of paragraph (2) and deal with the application in a summary manner.

    (8) Any record required by section 5 of the 1976 Act (together with any note of reasons required by section 5(4) to be included) shall be made by way of an entry in the file relating to the case in question and the record shall include the following particulars, namely - 

(a) the effect of the decision;

(b) a statement of any condition imposed in respect of bail, indicating whether it is to be complied with before or after release on bail;

(c) where conditions of bail are varied, a statement of the conditions as varied; and

(d) where bail is withheld, a statement of the relevant exception to the right to bail (as provided in Schedule 1 to the 1976 Act) on which the decision is based.

    (9) Every person who makes an application to the Crown Court relating to bail shall inform the Court of any earlier application to the High Court or the Crown Court relating to bail in the course of the same proceedings.

[Note. Formerly rule 19 and paragraph (1) of rule 20 of the Crown Court Rules 1982. As to applications for bail before committal for trial see also direction V.53, and for bail during trial see also direction III.25, in the Practice Direction.]

Notice to governor of prison of committal on bail
     19.19

    (1) Where the accused is committed or sent for trial on bail, a magistrates' court officer shall give notice thereof in writing to the governor of the prison to which persons of the sex of the person committed or sent are committed or sent by that court if committed or sent in custody for trial and also, if the person committed or sent is under 21, to the governor of the remand centre to which he would have been committed or sent if the court had refused him bail.

    (2) Where a corporation is committed or sent for trial, a magistrates' court officer shall give notice thereof to the governor of the prison to which would be committed or sent a man committed or sent by that court in custody for trial.

[Note. Formerly rule 9 of the Magistrates' Courts Rules 1981. For the equivalent provision where a defendant is transferred for trial, see rule 11.2. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[180] committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998 [181] in the same way as cases triable only on indictment.]

Notices on committal of person subject to transfer direction
     19.20 Where a transfer direction has been given by the Secretary of State under section 48 of the Mental Health Act 1983[182] in respect of a person remanded in custody by a magistrates' court and, before the direction ceases to have effect, that person is committed or sent for trial, a magistrates' court officer shall give notice - 

(a) to the governor of the prison to which persons of the sex of that person are committed or sent by that court if committed or sent in custody for trial; and

(b) to the managers of the hospital where he is detained.

[Note. Formerly rule 10 of the Magistrates' Courts Rules 1981. For the equivalent provision where a defendant is transferred for trial see rule 11.3. On the coming into force of Schedule 3 to the Criminal Justice Act 2003 committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998 in the same way as cases triable only on indictment.]

Variation of arrangements for bail on committal to Crown Court
     19.21 Where a magistrates' court has committed or sent a person on bail to the Crown Court for trial or under any of the enactments mentioned in rule 43.1(1) and subsequently varies any conditions of the bail or imposes any conditions in respect of the bail, the magistrates' court officer shall send to the Crown Court officer a copy of the record made in pursuance of section 5 of the Bail Act 1976 relating to such variation or imposition of conditions.

[Note. Formerly rule 93 of the Magistrates' Courts Rules 1981. See also section 5 of the Bail Act 1976. For the equivalent provision where a defendant is transferred to the Crown Court, see rule 11.4. On the coming into force of Schedule 3 to the Criminal Justice Act 2003 committal for trial will be abolished and cases triable either way will be sent to the Crown Court under sections 51 and 51A of the Crime and Disorder Act 1998 in the same way as cases triable only on indictment.]

Conditions attached to bail granted by the Crown Court
     19.22

    (1) Where the Crown Court grants bail, the recognizance of any surety required as a condition of bail may be entered into before an officer of the Crown Court or, where the person who has been granted bail is in a prison or other place of detention, before the governor or keeper of the prison or place as well as before the persons specified in section 8(4) of the Bail Act 1976.

    (2) Where the Crown Court under section 3(5) or (6) of the 1976 Act imposes a requirement to be complied with before a person's release on bail, the Court may give directions as to the manner in which and the person or persons before whom the requirement may be complied with.

    (3) A person who, in pursuance of an order made by the Crown Court for the grant of bail, proposes to enter into a recognizance or give security must, unless the Crown Court otherwise directs, give notice to the prosecutor at least 24 hours before he enters into the recognizance or gives security as aforesaid.

    (4) Where, in pursuance of an order of the Crown Court, a recognizance is entered into or any requirement imposed under section 3(5) or (6) of the 1976 Act is complied with (being a requirement to be complied with before a person's release on bail) before any person, it shall be his duty to cause the recognizance or, as the case may be, a statement of the requirement to be transmitted forthwith to the court officer; and a copy of the recognizance or statement shall at the same time be sent to the governor or keeper of the prison or other place of detention in which the person named in the order is detained, unless the recognizance was entered into or the requirement was complied with before such governor or keeper.

    (5) Where, in pursuance of section 3(5) of the 1976 Act, security has been given in respect of a person granted bail with a duty to surrender to the custody of the Crown Court and either - 

(a) that person surrenders to the custody of the Court; or

(b) that person having failed to surrender to the custody of the Court, the Court decides not to order the forfeiture of the security,

the court officer shall as soon as practicable give notice of the surrender to custody or, as the case may be, of the decision not to forfeit the security to the person before whom the security was given.

[Note. Formerly paragraphs (2), (3), (5), (6) and (7) of rule 20 of the Crown Court Rules 1982.]

Estreat of recognizances in respect of person bailed to appear before the Crown Court
     19.23

    (1) Where a recognizance has been entered into in respect of a person granted bail to appear before the Crown Court and it appears to the Court that a default has been made in performing the conditions of the recognizance, other than by failing to appear before the Court in accordance with any such condition, the Court may order the recognizance to be estreated.

    (2) Where the Crown Court is to consider making an order under paragraph (1) for a recognizance to be estreated, the court officer shall give notice to that effect to the person by whom the recognizance was entered into indicating the time and place at which the matter will be considered; and no such order shall be made before the expiry of 7 days after the notice required by this paragraph has been given.

[Note. Formerly rule 21 of the Crown Court Rules 1982. As to forfeiture of recognizances on failure to surrender, see rule 19.24.]

Forfeiture of recognizances in respect of person bailed to appear before the Crown Court
     19.24

    (1) Where a recognizance is conditioned for the appearance of an accused before the Crown Court and the accused fails to appear in accordance with the condition, the Court shall declare the recognizance to be forfeited.

    (2) Where the Crown Court declares a recognizance to be forfeited under paragraph (1), the court officer shall issue a summons to the person by whom the recognizance was entered into requiring him to appear before the Court at a time and place specified in the summons to show cause why the Court should not order the recognizance to be estreated.

    (3) At the time specified in the summons the Court may proceed in the absence of the person by whom the recognizance was entered into if it is satisfied that he has been served with the summons.

[Note. Formerly rule 21A of the Crown Court Rules 1982. As to the estreat of recognizances on failure to comply with conditions of bail, see rule 19.23. For the procedure where a defendant fails to surrender see also direction I.13 in the Practice Direction.]

(a) to any appeal brought by an accused, under section 22(7) of the Prosecution of Offences Act 1985[183], against a decision of a magistrates' court to extend, or further extend, a custody time limit imposed by regulations made under section 22(1) of the 1985 Act; and

(b) to any appeal brought by the prosecution, under section 22(8) of the 1985 Act, against a decision of a magistrates' court to refuse to extend, or further extend, such a time limit.

    (2) An appeal to which this rule applies shall be commenced by the appellant's giving notice in writing of appeal - 

(a) to the court officer for the magistrates' court which took the decision;

(b) if the appeal is brought by the accused, to the prosecutor and, if the prosecution is to be carried on by the Crown Prosecution Service, to the appropriate Crown Prosecutor;

(c) if the appeal is brought by the prosecution, to the accused; and

(d) to the Crown Court officer.

    (3) The notice of an appeal to which this rule applies shall state the date on which the custody time limit applicable to the case is due to expire and, if the appeal is brought by the accused under section 22(7) of the 1985 Act, the date on which the custody time limit would have expired had the court decided not to extend or further extend that time limit.

    (4) On receiving notice of an appeal to which this rule applies, the Crown Court officer shall enter the appeal and give notice of the time and place of the hearing to - 

(a) the appellant;

(b) the other party to the appeal; and

(c) the court officer for the magistrates' court which took the decision.

    (5) Without prejudice to the power of the Crown Court to give leave for an appeal to be abandoned, an appellant may abandon an appeal to which this rule applies by giving notice in writing to any person to whom notice of the appeal was required to be given by paragraph (2) of this rule not later than the third day preceding the day fixed for the hearing of the appeal:

Provided that, for the purpose of determining whether notice was properly given in accordance with this paragraph, there shall be disregarded any Saturday and Sunday and any day which is specified to be a bank holiday in England and Wales under section 1(1) of the Banking and Financial Dealings Act 1971[184].

[Note. Formerly rule 27A of the Crown Court Rules 1982[185]. See also section 22 of the Prosecution of Offences Act 1985, and for the procedure for applying for an extension of a custody time limit see the Prosecution of Offences (Custody Time Limits) Regulations 1987[186].]

    (2) In paragraph (1) above, "written statement" means a statement made by a person on whose evidence the prosecutor proposes to rely in the proceedings and, where such a person has made more than one written statement one of which contains information as to all the facts and matters in relation to which the prosecutor proposes to rely on the evidence of that person, only that statement is a written statement for purposes of paragraph (1) above.

    (3) Where in any part of a written statement or in a summary furnished under paragraph (1) above reference is made to a document on which the prosecutor proposes to rely, the prosecutor shall, subject to rule 21.4, when furnishing the part of the written statement or the summary, also furnish either a copy of the document or such information as may be necessary to enable the person making the request under paragraph (1) above to inspect the document or a copy thereof.

[Note. Formerly rule 4 of the Magistrates' Courts (Advance Information) Rules 1985.]

Refusal of request for advance information
     21.4

    (1) If the prosecutor is of the opinion that the disclosure of any particular fact or matter in compliance with the requirements imposed by rule 21.3 might lead to any person on whose evidence he proposes to rely in the proceedings being intimidated, to an attempt to intimidate him being made or otherwise to the course of justice being interfered with, he shall not be obliged to comply with those requirements in relation to that fact or matter.

    (2) Where, in accordance with paragraph (1) above, the prosecutor considers that he is not obliged to comply with the requirements imposed by rule 21.3 in relation to any particular fact or matter, he shall give notice in writing to the person who made the request under that section to the effect that certain advance information is being withheld by virtue of that paragraph.

[Note. Formerly rule 5 of the Magistrates' Courts (Advance Information) Rules 1985.]

Duty of court regarding advance information
     21.5

    (1) Subject to paragraph (2), where an accused appears or is brought before a magistrates' court in proceedings in respect of which this Part applies, the court shall, before it considers whether the offence appears to be more suitable for summary trial or trial on indictment, satisfy itself that the accused is aware of the requirements which may be imposed on the prosecutor under rule 21.3.

    (2) Where the accused has not attained the age of 18 years when he appears or is brought before a magistrates' court in proceedings in respect of which this rule applies, the court shall, before the accused is asked whether he pleads guilty or not guilty, satisfy itself that the accused is aware of the requirements which may be imposed on the prosecutor under rule 21.3.

[Note. Formerly rule 6 of the Magistrates' Courts (Advance Information) Rules 1985.]

Adjournment pending furnishing of advance information
     21.6

    (1) If, in any proceedings in respect of which this Part applies, the court is satisfied that, a request under rule 21.3 having been made to the prosecutor by or on behalf of the accused, a requirement imposed on the prosecutor by that section has not been complied with, the court shall adjourn the proceedings pending compliance with the requirement unless the court is satisfied that the conduct of the case for the accused will not be substantially prejudiced by non-compliance with the requirement.

    (2) Where, in the circumstances set out in paragraph (1) above, the court decides not to adjourn the proceedings, a record of that decision and of the reasons why the court was satisfied that the conduct of the case for the accused would not be substantially prejudiced by non-compliance with the requirement shall be entered in the register kept under rule 6.1.

[Note. Formerly rule 7 of the Magistrates' Courts (Advance Information) Rules 1985.]

(a) a plea of not guilty by any person to an alleged offence in respect of which a magistrates' court proceeds to summary trial;

(b) the committal for trial of any person;

(c) the transfer to the Crown Court of any proceedings for the trial of a person by virtue of a notice of transfer given under section 4 of the Criminal Justice Act 1987[191];

(d) the transfer to the Crown Court of any proceedings for the trial of a person by virtue of a notice of transfer served on a magistrates' court under section 53 of the Criminal Justice Act 1991[192];

(e) the sending of any person for trial under section 51 of the Crime and Disorder Act 1998[193];

(f) the preferring of a bill of indictment charging a person with an offence under the authority of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933[194]; or

(g) the making of an order for the retrial of any person,

if any party to the proceedings proposes to adduce expert evidence (whether of fact or opinion) in the proceedings (otherwise than in relation to sentence) he shall as soon as practicable, unless in relation to the evidence in question he has already done so or the evidence is the subject of an application for leave to adduce such evidence in accordance with section 41 of the Youth Justice and Criminal Evidence Act 1999[195] - 

(i) furnish the other party or parties with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence, and

(ii) where a request in writing is made to him in that behalf by any other party, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.

    (2) A party may by notice in writing waive his right to be furnished with any of the matters mentioned in paragraph (1) and, in particular, may agree that the statement mentioned in paragraph (1)(a) may be furnished to him orally and not in writing.

    (3) In paragraph (1), "document" means anything in which information of any description is recorded.

[Note. Formerly rule 3 of the Magistrates' Courts (Advance Notice of Expert Evidence) Rules 1997[196] and rule 3 of the Crown Court (Advance Notice of Expert Evidence) Rules 1987[197]. For the equivalent requirement in Crown Court proceedings under Part 2 of the Proceeds of Crime Act 2002 see rule 57.9.]

Withholding evidence
     24.2

    (1) If a party has reasonable grounds for believing that the disclosure of any evidence in compliance with the requirements imposed by rule 24.1 might lead to the intimidation, or attempted intimidation, of any person on whose evidence he intends to rely in the proceedings, or otherwise to the course of justice being interfered with, he shall not be obliged to comply with those requirements in relation to that evidence.

    (2) Where, in accordance with paragraph (1), a party considers that he is not obliged to comply with the requirements imposed by rule 24.1 with regard to any evidence in relation to any other party, he shall give notice in writing to that party to the effect that the evidence is being withheld and the grounds for doing so.

[Note. Formerly rule 4 of the Magistrates' Courts (Advance Notice of Expert Evidence) Rules 1997 and rule 4 of the Crown Court (Advance Notice of Expert Evidence) Rules 1987. For the equivalent exception in Crown Court proceedings under Part 2 of the Proceeds of Crime Act 2002 see rule 57.10.]

Effect of failure to disclose
     24.3 A party who seeks to adduce expert evidence in any proceedings and who fails to comply with rule 24.1 shall not adduce that evidence in those proceedings without the leave of the court.

[Note. Formerly rule 5 of the Magistrates' Courts (Advance Notice of Expert Evidence) Rules 1997 and rule 5 of the Crown Court (Advance Notice of Expert Evidence) Rules 1987.]

(a) the court officer shall on receiving notice of the application give notice to - 


(i) the prosecutor,

(ii) the accused, and

(iii) any person claiming to have an interest in the material to which the application relates who has applied under section 16(b) of the 1996 Act[201] to be heard by the court,



of the date and time when and the place where the hearing will take place and, unless the court orders otherwise, such notice shall be given in writing;

(b) the hearing shall be inter partes; and

(c) the prosecutor and the accused shall be entitled to make representations to the court.

    (4) Where the prosecutor applies to the court for leave to make representations in the absence of the accused, the court may for that purpose sit in the absence of the accused and any legal representative of his.

    (5) Subject to rule 25.5(4) (interested party entitled to make representations), where a copy of the notice of application has not been served on the accused in accordance with rule 25.1(3) - 

(a) the hearing shall be ex parte;

(b) only the prosecutor shall be entitled to make representations to the court;

(c) the accused shall not be given notice as specified in paragraph (3)(a)(ii) of this rule; and

(d) where notice of the application has been served in the Crown Court in pursuance of rule 25.1(6), the judge on whom it is served shall take such steps as he considers appropriate to ensure that notice is given as required by paragraph (3)(a)(i) and (iii) of this rule.

[Note. Formerly rule 3 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 and rule 3 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997.]

Public interest: non-disclosure order
     25.3

    (1) This rule applies to an order under section 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 1996.

    (2) On making an order to which this rule applies, the court shall state its reasons for doing so. Where such an order is made in the Crown Court, a record shall be made of the statement of the court's reasons.

    (3) In a case where such an order is made following - 

(a) an application to which rule 25.1(4) (nature of material not to be revealed) applies; or

(b) an application notice of which has been served on the accused in accordance with rule 25.1(3) but the accused has not appeared or been represented at the hearing of that application,

the court officer shall notify the accused that an order has been made. No notification shall be given in a case where an order is made following an application to which rule 25.1(5) (fact of application not to be revealed) applies.

[Note. Formerly rule 4 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 and rule 4 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997.]

Review of non-disclosure order: application by accused
     25.4



    (1) This rule applies to an application by the accused under section 14(2) or section 15(4) of the Criminal Procedure and Investigations Act 1996[202].

    (2) Such an application shall be made by notice in writing to the court officer for the court that made the order under section 3(6), 7A(8) or 8(5) of the 1996 Act and shall specify the reason why the accused believes the court should review the question whether it is still not in the public interest to disclose the material affected by the order.

    (3) A copy of the notice referred to in paragraph (2) shall be served on the prosecutor at the same time as it is sent to the court officer.

    (4) Where such an application is made in a magistrates' court, the court officer shall take such steps as he thinks fit to ensure that the court has before it any document or other material which was available to the court which made the order mentioned in section 14(2) of the 1996 Act.

    (5) Where such an application is made in the Crown Court, the court officer shall refer it - 

(a) if the trial has started, to the trial judge; or

(b) if the application is received before the start of the trial either - 


(i) to the judge who has been designated to conduct the trial, or

(ii) if no judge has been designated for that purpose, to the judge who made the order to which the application relates.

    (6) The judge to whom such an application has been referred under paragraph (5) shall consider whether the application may be determined without a hearing and, subject to paragraph (7), may so determine it if he thinks fit.

    (7) No application to which this rule applies shall be determined by the Crown Court without a hearing if it appears to the judge that there are grounds on which the court might conclude that it is in the public interest to disclose material to any extent.

    (8) Where a magistrates' court considers that there are no grounds on which it might conclude that it is in the public interest to disclose material to any extent it may determine an application to which this rule applies without hearing representations from the accused, the prosecutor or any person claiming to have an interest in the material to which the application relates.

    (9) Subject to paragraphs (10) and (11) of this rule and to rule 25.5(4) (interested party entitled to make representations), the hearing of an application to which this rule applies shall be inter partes and the accused and the prosecutor shall be entitled to make representations to the court.

    (10) Where after hearing the accused's representations the prosecutor applies to the court for leave to make representations in the absence of the accused, the court may for that purpose sit in the absence of the accused and any legal representative of his.

    (11) Subject to rule 25.5(4), where the order to which the application relates was made following an application of which the accused was not notified under rule 25.1(3) or (4), the hearing shall be ex parte and only the prosecutor shall be entitled to make representations to the court.

    (12) The court officer shall give notice in writing to - 

(a) the prosecutor;

(b) except where a hearing takes place in accordance with paragraph (11), the accused; and

(c) any person claiming to have an interest in the material to which the application relates who has applied under section 16(b) of the 1996 Act to be heard by the court,

of the date and time when and the place where the hearing of an application to which this rule applies will take place and of any order which is made by the court following its determination of the application.

    (13) Where such an application is determined without a hearing in pursuance of paragraph (6), the court officer shall give notice in writing in accordance with paragraph (12) of any order which is made by the judge following his determination of the application.

[Note. Formerly rule 5 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 and rule 5 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997.]

Public interest applications: interested persons
     25.5

    (1) Where the prosecutor has reason to believe that a person who was involved (whether alone or with others and whether directly or indirectly) in the prosecutor's attention being brought to any material to which an application under section 3(6), 7A(8), 8(5), 14(2) or 15(4) of the Criminal Procedure and Investigations Act 1996 relates may claim to have an interest in that material, the prosecutor shall - 

(a) in the case of an application under section 3(6), 7A(8) or 8(5) of the 1996 Act, at the same time as notice of the application is served under rule 25.1(2) or (6); or

(b) in the case of an application under section 14(2) or 15(4) of the 1996 Act, when he receives a copy of the notice referred to in rule 25.4(2),

give notice in writing to - 

(i) the person concerned of the application, and

(ii) the court officer or, as the case may require, the judge of his belief and the grounds for it.

    (2) An application under section 16(b) of the 1996 Act shall be made by notice in writing to the court officer or, as the case may require, the judge as soon as is reasonably practicable after receipt of notice under paragraph (1)(i) above or, if no such notice is received, after the person concerned becomes aware of the application referred to in that sub-paragraph and shall specify the nature of the applicant's interest in the material and his involvement in bringing the material to the prosecutor's attention.

    (3) A copy of the notice referred to in paragraph (2) shall be served on the prosecutor at the same time as it is sent to the court officer or the judge as the case may require.

    (4) At the hearing of an application under section 3(6), 7A(8), 8(5), 14(2) or 15(4) of the 1996 Act a person who has made an application under section 16(b) in accordance with paragraph (2) of this rule shall be entitled to make representations to the court.

[Note. Formerly rule 6 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 and rule 6 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997.]

Disclosure: application by accused and order of court
     25.6

    (1) This rule applies to an application by the accused under section 8(2) of the Criminal Procedure and Investigations Act 1996[203].

    (2) Such an application shall be made by notice in writing to the court officer and shall specify - 

(a) the material to which the application relates;

(b) that the material has not been disclosed to the accused;

(c) the reason why the material might be expected to assist the applicant's defence as disclosed by the defence statement given under section 5 or 6 of the 1996 Act[204]; and

(d) the date of service of a copy of the notice on the prosecutor in accordance with paragraph (3).

    (3) A copy of the notice referred to in paragraph (2) shall be served on the prosecutor at the same time as it is sent to the court officer.

    (4) Where such an application is made in the Crown Court, the court officer shall refer it - 

(a) if the trial has started, to the trial judge, or

(b) if the application is received before the start of the trial - 


(i) to the judge who has been designated to conduct the trial, or

(ii) if no judge has been designated for that purpose, to such judge as may be designated for the purposes of determining the application.

    (5) A prosecutor receiving notice under paragraph (3) of an application to which this rule applies shall give notice in writing to the court officer within 14 days of service of the notice that - 

(a) he wishes to make representations to the court concerning the material to which the application relates; or

(b) if he does not so wish, that he is willing to disclose that material,

and a notice under paragraph 5(a) shall specify the substance of the representations he wishes to make.

    (6) A court may determine an application to which this rule applies without hearing representations from the applicant or the prosecutor unless - 

(a) the prosecutor has given notice under paragraph (5)(a) and the court considers that the representations should be made at a hearing; or

(b) the court considers it necessary to hear representations from the applicant or the prosecutor in the interests of justice for the purposes of determining the application.

    (7) Subject to paragraph (8), where a hearing is held in pursuance of this rule - 

(a) the court officer shall give notice in writing to the prosecutor and the applicant of the date and time when and the place where the hearing will take place;

(b) the hearing shall be inter partes; and

(c) the prosecutor and the applicant shall be entitled to make representations to the court.

    (8) Where the prosecutor applies to the court for leave to make representations in the absence of the accused, the court may for that purpose sit in the absence of the accused and any legal representative of his.

    (9) A copy of any order under section 8(2) of the 1996 Act shall be served on the prosecutor and the applicant.

[Note. Formerly rule 7 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 and rule 7 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997.]

Disclosure: application for extension of time limit and order of the court
     25.7

    (1) This rule applies to an application under regulation 3(2) of the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997[205], including that regulation as applied by regulation 4(2).

    (2) An application to which this rule applies shall be made by notice in writing to the court officer and shall, in addition to the matters referred to in regulation 3(3)(a) to (c) of the 1997 Regulations, specify the date of service of a copy of the notice on the prosecutor in accordance with paragraph (3) of this rule.

    (3) A copy of the notice referred to in paragraph (2) of this rule shall be served on the prosecutor at the same time as it is sent to the court officer.

    (4) The prosecutor may make representations to the court concerning the application and if he wishes to do so he shall do so in writing within 14 days of service of a notice under paragraph (3) of this rule.

    (5) On receipt of representations under paragraph (4) above, or on the expiration of the period specified in that paragraph if no such representations are received within that period, the court shall consider the application and may, if it wishes, do so at a hearing.

    (6) Where a hearing is held in pursuance of this rule - 

(a) the court officer shall give notice in writing to the prosecutor and the applicant of the date and time when and the place where the hearing will take place;

(b) the hearing shall be inter partes; and

(c) the prosecutor and the applicant shall be entitled to make representations to the court.

    (7) A copy of any order under regulation 3(1) or 4(1) of the 1997 Regulations shall be served on the prosecutor and the applicant.

[Note. Formerly rule 8 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 and rule 8 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997.]

Public interest and disclosure applications: general
     25.8

    (1) Any hearing held under this Part may be adjourned from time to time.

    (2) Any hearing referred to in paragraph (1) other than one held under rule 25.7 may be held in private.

    (3) Where a Crown Court hearing, or any part thereof, is held in private under paragraph (2), the court may specify conditions subject to which the record of its statement of reasons made in pursuance of rule 25.3(2) is to be kept.

    (4) Where an application or order to which any provision of this rule applies is made after the start of a trial in the Crown Court, the trial judge may direct that any provision of this rule requiring notice of the application or order to be given to any person shall not have effect and may give such direction as to the giving of notice in relation to that application or order as he thinks fit.

[Note. Formerly rule 9 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 and rule 9 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997.]

(a) specify the object which the applicant seeks to use or disclose and the proceedings for whose purposes he was given, or allowed to inspect, it;

(b) where the applicant seeks to use or disclose any information recorded in the object specified in pursuance of paragraph (3)(a), specify that information;

(c) specify the reason why the applicant seeks permission to use or disclose the object specified in pursuance of paragraph (3)(a) or any information specified in pursuance of paragraph (3)(b);

(d) describe any proceedings in connection with which the applicant seeks to use or disclose the object or information referred to in paragraph (3)(c); and

(e) specify the name and address of any person to whom the applicant seeks to disclose the object or information referred to in paragraph (3)(c).

    (4) Where the court officer receives an application to which this rule applies, the court officer or the clerk of the magistrates' court shall fix a date and time for the hearing of the application.

    (5) The court officer shall give the applicant and the prosecutor at least 28 days' notice of the date fixed in pursuance of paragraph (4) and shall at the same time send to the prosecutor a copy of the notice given to him in pursuance of paragraph (2).

    (6) Where the prosecutor has reason to believe that a person may claim to have an interest in the object specified in a notice of application in pursuance of paragraph (3)(a), or in any information so specified in pursuance of paragraph (3)(b), he shall, as soon as reasonably practicable after receipt of a copy of that notice under paragraph (5), send a copy of the notice to that person and inform him of the date fixed in pursuance of paragraph (4).

[Note. Formerly rule 2 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997[207] and rule 2 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997 [208].]

Prosecutor or interested party wishing to be heard
     26.2

    (1) This rule applies to an application under section 17(6)(b) of the Criminal Procedure and Investigations Act 1996.

    (2) An application to which this rule applies shall be made by notice in writing to the court officer of the court referred to in rule 26.1(2) not less than 7 days before the date fixed in pursuance of rule 26.1(4).

    (3) The applicant shall at the same time send to the person whose application under section 17(4) of the 1996 Act is concerned a copy of the notice given in pursuance of paragraph (2).

[Note. Formerly rule 3 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997 and rule 3 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997.]

Decision on application for use or disclosure
     26.3

    (1) Where no application to which rule 26.2 applies is made in accordance with paragraph (2) of that rule, the court shall consider whether the application under section 17(4) of the Criminal Procedure and Investigations Act 1996 may be determined without hearing representations from the accused, the prosecutor or any person claiming to have an interest in the object or information to which the application relates, and may so determine it if the court thinks fit.

    (2) Where an application to which rule 26.1 applies is determined without hearing any such representations the court officer shall give notice in writing to the person who made the application and to the prosecutor of any order made under section 17(4) of the 1996 Act or, as the case may be, that no such order has been made.

[Note. Formerly rule 4 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997 and rule 4 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997.]

Unauthorised use or disclosure
     26.4

    (1) This rule applies to proceedings to deal with a contempt of court under section 18 of the Criminal Procedure and Investigations Act 1996.

    (2) In such proceedings before a magistrates' court the Magistrates' Courts Act 1980[209] shall have effect subject to the modifications contained in paragraphs (3) to (7) (being provisions equivalent to those in Schedule 3 to the Contempt of Court Act 1981[210] subject to modifications which the Lord Chancellor considered appropriate after consultation with the rule committee for magistrates' courts).

    (3) Where proceedings to which this rule applies are taken of the court's own motion the provisions of the 1980 Act listed in paragraph (4) shall apply as if a complaint had been made against the person against whom the proceedings are taken and subject to the modifications specified in paragraphs (5) and (6).

    (4) The provisions referred to in paragraph (3) are - 

(a) section 51 (issue of summons)[211];

(b) section 53(1) and (2) (procedure on hearing);

(c) section 54 (adjournment);

(d) section 55 (non-appearance of defendant);

(e) section 97(1) (summons to witness)[212];

(f) section 101 (onus of proving exceptions etc);

(g) section 121(1) and (3)(a) (constitution and place of sitting of court)[213]; and

(h) section 123 (defect in process).

    (5) In - 

(a) section 55(1) for the words "the complainant appears but the defendant does not" there shall be substituted the words "the defendant does not appear"; and

(b) section 55(2) the words "if the complaint has been substantiated on oath, and" shall be omitted.

    (6) In section 123(1) and (2) the words "adduced on behalf of the prosecutor or complainant" shall be omitted.

    (7) Where proceedings to which this rule applies are taken by way of complaint for an order - 

(a) section 127 of the 1980 Act (limitation of time) shall not apply to the complaint;

(b) the complaint may be made by the prosecutor or by any other person claiming to have an interest in the object, or in any information recorded in an object, the use or disclosure of which is alleged to contravene section 17 of the 1996 Act[214]; and

(c) the complaint shall be made to the magistrates' court officer for the magistrates' court which conducted or is conducting the proceedings for whose purposes the object mentioned in paragraph (7)(b) was given or inspected.

    (8) An application to the Crown Court for an order of committal or for the imposition of a fine in proceedings to which this rule applies may be made by the prosecutor or by any other person claiming to have an interest in the object, or in any information recorded in an object, the use or disclosure of which is alleged to contravene section 17 of the 1996 Act. Such an application shall be made in accordance with paragraphs (9) to (20).

    (9) An application such as is referred to in paragraph (8) shall be made by notice in writing to the court officer at the same place as that in which the Crown Court sat or is sitting to conduct the proceedings for whose purposes the object mentioned in paragraph (2) was given or inspected.

    (10) The notice referred to in paragraph (9) shall set out the name and a description of the applicant, the name, description and address of the person sought to be committed or fined and the grounds on which his committal or the imposition of a fine is sought and shall be supported by an affidavit verifying the facts.

    (11) Subject to paragraph (12), the notice referred to in paragraph (9), accompanied by a copy of the affidavit in support of the application, shall be served personally on the person sought to be committed or fined.

    (12) The court may dispense with service of the notice under this rule if it is of the opinion that it is necessary to do so in order to protect the applicant or for another purpose identified by the court.

    (13) Nothing in the foregoing provisions of this rule shall be taken as affecting the power of the Crown Court to make an order of committal or impose a fine of its own motion against a person guilty of a contempt under section 18 of the 1996 Act.

    (14) Subject to paragraph (15), proceedings to which this rule applies shall be heard in open court.

    (15) Proceedings to which this rule applies may be heard in private where - 

(a) the object, the use or disclosure of which is alleged to contravene section 17 of the 1996 Act, is; or

(b) the information, the use or disclosure of which is alleged to contravene that section, is recorded in,

an object which is, or forms part of, material in respect of which an application was made under section 3(6), 7A(8) or 8(5) of the 1996 Act[215], whether or not the court made an order that the material be not disclosed:

Provided that where the court hears the proceedings in private it shall nevertheless, if it commits any person to custody or imposes a fine on him in pursuance of section 18(3) of the 1996 Act, state in open court the name of that person, the period specified in the order of committal or, as the case may be, the amount of the fine imposed, or both such period and such amount where both are ordered.

    (16) Except with the leave of the court hearing an application for an order of committal or for the imposition of a fine no grounds shall be relied upon at the hearing except the grounds set out in the notice referred to in paragraph (9).

    (17) If on the hearing of the application the person sought to be committed or fined expresses a wish to give oral evidence on his own behalf, he shall be entitled to do so.

    (18) The court by whom an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.

    (19) Where execution of an order of committal is suspended by an order under paragraph (18), the applicant for the order of committal must, unless the court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the order under that paragraph.

    (20) The court may, on the application of any person committed to custody for a contempt under section 18 of the 1996 Act, discharge him.

[Note. Formerly rule 5 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997 and rule 5 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997.]

Forfeiture of object used or disclosed without authority
     26.5

    (1) Where the Crown Court finds a person guilty of contempt under section 18 of the Criminal Procedure and Investigations Act 1996 and proposes to make an order under section 18(4) or (7), the court may adjourn the proceedings.

    (2) Where the court adjourns the proceedings under paragraph (1), the court officer shall give notice to the person found guilty and to the prosecutor - 

(a) that the court proposes to make such an order and that, if an application is made in accordance with paragraph (5), it will before doing so hear any representations made by the person found guilty, or by any person in respect of whom the prosecutor gives notice to the court under paragraph (3); and

(b) of the time and date of the adjourned hearing.

    (3) Where the prosecutor has reason to believe that a person may claim to have an interest in the object which has been used or disclosed in contravention of section 17 of the 1996 Act he shall, on receipt of notice under paragraph (2), give notice of that person's name and address to the court office for the court which made the finding of guilt.

    (4) Where the court officer receives a notice under paragraph (3), he shall, within 7 days of the finding of guilt, notify the person specified in that notice - 

(a) that the court has made a finding of guilt under section 18 of the 1996 Act, that it proposes to make an order under section 18(4) or, as the case may be, 18(7) and that, if an application is made in accordance with paragraph (5), it will before doing so hear any representations made by him; and

(b) of the time and date of the adjourned hearing.

    (5) An application under section 18(6) of the 1996 Act shall be made by notice in writing to the court officer not less than 24 hours before the time set for the adjourned hearing.

[Note. Formerly rule 6 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997.]

(a) evidence tendered in accordance with section 5A of the 1980 Act (committal for trial)[218]; or

(b) a written statement tendered in evidence under section 9 of the 1967 Act (proceedings other than committal for trial),

is given to or served on any party to the proceedings a copy of the evidence in question shall be given to the court officer as soon as practicable thereafter, and where a copy of any such statement as is referred to in sub-paragraph (b) is given or served by or on behalf of the prosecutor, the accused shall be given notice by or on behalf of the prosecutor of his right to object to the statement being tendered in evidence.

    (3) Where - 

(a) a statement or deposition to be tendered in evidence in accordance with section 5A of the 1980 Act; or

(b) a written statement to be tendered in evidence under section 9 of the 1967 Act,

refers to any document or object as an exhibit, that document or object shall wherever possible be identified by means of a label or other mark of identification signed by the maker of the statement or deposition, and before a magistrates' court treats any document or object referred to as an exhibit in such a statement or deposition as an exhibit produced and identified in court by the maker of the statement or deposition, the court shall be satisfied that the document or object is sufficiently described in the statement or deposition for it to be identified.

    (4) If it appears to a magistrates' court that any part of any evidence tendered in accordance with section 5A of the 1980 Act or a written statement tendered in evidence under section 9 of the 1967 Act is inadmissible there shall be written against that part - 

(a) in the case of any evidence tendered in accordance with section 5A of the 1980 Act, but subject to paragraph (5) of this rule, the words "Treated as inadmissible" together with the signature and name of the examining justice or, where there is more than one examining justice, the signature and name of one of the examining justices by whom the evidence is so treated;

(b) in the case of a written statement tendered in evidence under section 9 of the 1967 Act the words "Ruled inadmissible" together with the signature and name of one of the justices who ruled the statement to be inadmissible.

    (5) Where the nature of the evidence referred to in paragraph (4)(a) is such that it is not possible to write on it, the words set out in that sub-paragraph shall instead be written on a label or other mark of identification which clearly identifies the part of the evidence to which the words relate and contains the signature and name of an examining justice in accordance with that sub-paragraph.

    (6) Where, before a magistrates' court - 

(a) a statement or deposition is tendered in evidence in accordance with section 5A of the 1980 Act; or

(b) a written statement is tendered in accordance with section 9 of the 1967 Act,

the name of the maker of the statement or deposition shall be read aloud unless the court otherwise directs.

    (7) Where - 

(a) under section 5B(4), 5C(4), 5D(5) or 5E(3) of the 1980 Act[219]; or

(b) under section 9(6) of the 1967 Act,

in any proceedings before a magistrates' court any part of the evidence has to be read out aloud, or an account has to be given orally of so much of any evidence as is not read out aloud, the evidence shall be read or the account given by or on behalf of the party which has tendered the evidence.

    (8) Statements and depositions tendered in evidence in accordance with section 5A of the 1980 Act before a magistrates' court acting as examining justices shall be authenticated by a certificate signed by one of the examining justices.

    (9) Where, before a magistrates' court - 

(a) evidence is tendered as indicated in paragraph (2)(a) of this rule, retained by the court, and not sent to the Crown Court under rule 10.5; or

(b) a written statement is tendered in evidence as indicated in paragraph (2)(b) of this rule and not sent to the Crown Court under rule 43.1 or 43.2,

all such evidence shall, subject to any direction of the court in respect of non-documentary exhibits falling within paragraph (9)(a), be preserved for a period of three years by the magistrates' court officer for the magistrates' court.

[Note. Formerly rule 70 of the Magistrates' Courts Rules 1981[220]. See also section 9 of the Criminal Justice Act 1967 and section 5A of the Magistrates' Courts Act 1980. On the editing of witness statements, see also direction III.24 in the Practice Direction.]

Right to object to evidence being read in Crown Court trial
     27.2

    (1) The prosecutor shall, when he serves on any other party a copy of the evidence to be tendered in committal proceedings, notify that party that if he is committed for trial he has the right to object, by written notification to the prosecutor and the Crown Court within 14 days of being so committed unless the court in its discretion permits such an objection to be made outside that period, to a statement or deposition being read as evidence at the trial without oral evidence being given by the person who made the statement or deposition and without the opportunity to cross-examine that person.

    (2) The prosecutor shall, on notifying a party as indicated in paragraph (1), send a copy of such notification to the magistrates' court officer.

    (3) Any objection under paragraph 1(3)(c) or paragraph 2(3)(c) of Schedule 2 to the Criminal Procedure and Investigations Act 1996[221] to the reading out at the trial of a statement or deposition without further evidence shall be made in writing to the prosecutor and the Crown Court within 14 days of the accused being committed for trial unless the court at its discretion permits such an objection to be made outside that period.

[Note. Formerly rule 4B of the Magistrates' Courts Rules 1981 and rule 22 of the Crown Court Rules 1982[222]. On the coming into force of Schedule 3 to the Criminal Justice Act 2003[223] committal for trial will be abolished and cases will be sent for trial under sections 51 and 51A of the Crime and Disorder Act 1998[224].]

[Note. Formerly rule 4A of the Magistrates' Courts Rules 1981[228].]

Application to the Crown Court for witness summons
     28.3

    (1) This rule applies to an application under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965[229] for the issue of a witness summons and in this rule references to "the application" and "the applicant" shall be construed accordingly.

    (2) Subject to paragraphs (8) to (10), the application shall be made in writing to the Crown Court officer and shall - 

(a) contain a brief description of the stipulated evidence, document or thing;

(b) set out the reasons why the applicant considers that the stipulated evidence, document or thing is likely to be material evidence;

(c) set out the reason why the applicant considers that the directed person will not voluntarily attend as a witness or produce the document or thing; and

(d) if the witness summons is proposed to require the directed person to produce a document or thing - 


(i) inform the directed person of his right to make representations in writing and at a hearing, under paragraph (5), and

(ii) state whether the applicant seeks a requirement also to be imposed under section 2A of the 1965 Act (advance production)[230] and, if such a requirement is sought, specify the place and time at which the applicant wishes the document or thing to be produced.

    (3) The application shall be supported by an affidavit - 

(a) setting out any charge on which the proceedings concerned are based;

(b) specifying the stipulated evidence, document or thing in such a way as to enable the directed person to identify it;

(c) specifying grounds for believing that the directed person is likely to be able to give the stipulated evidence or to produce the stipulated evidence or thing; and

(d) specifying grounds for believing that the stipulated evidence is likely to be material evidence or, as the case may be, that the stipulated document or thing is likely to be material evidence.

    (4) A copy of the application and the supporting affidavit shall be served on the directed person at the same time as it is served on the court officer.

    (5) The directed person may, within 7 days of receiving a copy of the application under paragraph (4) above, inform the court officer whether or not he wishes to make representations, concerning the issue of the witness summons proposed to be directed to him, at a hearing and may also make written representations to the court officer.

    (6) The court officer shall - 

(a) if the directed person indicates that he wishes to have the application considered at a hearing, fix a time, date and place for the hearing;

(b) if the directed person does not indicate in accordance with paragraph (5) that he wishes to make representations at a hearing, refer the application to a judge of the Crown Court for determination with or without a hearing; and

(c) notify the applicant and, where paragraph (6)(a) above applies, the directed person of the time, date and place fixed for any hearing of the application.

    (7) Any hearing under this rule shall, unless the judge directs otherwise, take place in private and the proceedings at the hearing shall be recorded.

    (8) In the case of an application for a witness summons which it is proposed shall require the directed person to give evidence but not to produce any document or thing, that application may be made orally to a judge or in writing and, in such a case - 

(a) paragraphs (3) to (7) shall not have effect; and

(b) the application shall, in addition to the matters set out in paragraph (2)(a) to (c), specify - 


(i) any charge on which the proceedings concerned are based, and

(ii) the grounds for believing that the directed person is likely to be able to give the stipulated evidence.

    (9) Subject to paragraph (10), in the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made within 7 days of the date fixed for trial, the court officer shall refer the notice of application to the trial judge, or such other judge as may be available, to determine the application or to give such directions as the judge to whom the notice is referred considers appropriate, and paragraphs (2)(d)(i) and (4) to (6) shall not have effect.

    (10) In the case of an application for a witness summons which it is proposed shall require the directed person to produce any document or thing and which is made during the trial, such application shall be made orally to the trial judge, to determine the application or to give such directions as he considers appropriate, and in such a case - 

(a) paragraphs (3) to (7) shall not have effect; and

(b) the application shall, in addition to the matters set out in paragraph (2)(a) to (c), specify the grounds for believing that the directed person is likely to be able to produce the document or thing.

    (11) In this rule references to "the directed person" and "the stipulated evidence, document or thing" shall be construed in accordance with section 2(10) of the 1965 Act.

[Note. Formerly rule 23 of the Crown Court Rules 1982[231].]

Application to set aside Crown Court witness summons where no longer needed
     28.4

    (1) This rule applies to an application under section 2B of the Criminal Procedure (Attendance of Witnesses) Act 1965[232] and references in this rule to "the applicant" and "the application" shall be construed accordingly.

    (2) The application shall be made in writing to the Crown Court officer as soon as reasonably practicable after the document or thing has been produced for inspection in pursuance of a requirement imposed by the witness summons under section 2A of the 1965 Act.

    (3) The application shall state that the applicant concludes that the requirement imposed by the witness summons under section 2(2) of the 1965 Act is no longer needed.

    (4) If a direction is given under section 2B of the 1965 Act following the application, the court officer shall notify the person to whom the witness summons is directed as to the effect of the direction.

[Note. Formerly rule 23ZA of the Crown Court Rules 1982.]

Application to set aside witness summons issued on application to the Crown Court
     28.5

    (1) This rule applies to an application under section 2C of the Criminal Procedure (Attendance of Witnesses) Act 1965[233] and in this rule references to "the application" and "the applicant" shall, unless the contrary intention appears, be construed accordingly.

    (2) The application shall be made in writing to the Crown Court officer and shall - 

(a) state that the applicant was not served with notice of the application to issue the summons and that he was neither present nor represented at any hearing of that application; and

(b) set out the reasons why the applicant considers that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence.

    (3) On receiving the application, the court officer shall serve notice of the application on the person on whose application the witness summons was issued.

    (4) The court shall not grant or, as the case may be, refuse the application unless the applicant and the person on whose application the witness summons has been issued have been given an opportunity of making representations, whether at a hearing or (where they agree to do so) in writing without a hearing.

    (5) In a case where the witness summons to which the application relates imposed a requirement to produce any document or thing, then if - 

(a) the applicant can produce that document or thing; but

(b) he seeks to satisfy the court that the document or thing is not likely to be material evidence,

the applicant must, unless the judge directs otherwise, arrange for the document or thing to be available at the hearing of the application.

    (6) Any hearing under this rule shall, unless the judge directs otherwise, take place in private and the proceedings at the hearing shall be recorded.

    (7) The court officer shall notify the applicant and the person on whose application the witness summons was issued of the decision of the court in relation to the application.

[Note. Formerly rule 23ZB of the Crown Court Rules 1982.]

Application to set aside witness summons issued of Crown Court's own motion
     28.6

    (1) Rule 28.5 shall apply to an application under section 2E of the Criminal Procedure (Attendance of Witnesses) Act 1965[234] as it applies to an application under section 2C, subject to the following modifications.

    (2) Paragraphs (2)(a) and (3) shall be omitted.

    (3) In paragraphs (4) and (7), the words "and the person on whose application the witness summons was issued" shall be omitted.

    (4) In paragraph (4), for the words "(where they agree to do so)", there shall be substituted the words "(where he agrees to do so)".

[Note. Formerly rule 23ZC of the Crown Court Rules 1982.]

(a) enabling a witness to give evidence by means of a live link, the information sought in Part B of that form must be provided;

(b) providing for any examination of a witness to be conducted through an intermediary, the information sought in Part C of that form must be provided; or

(c) enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the information sought in Part D of that form must be provided.

    (3) The application under paragraph (1) above must be sent to the court officer and at the same time a copy thereof must be sent by the applicant to every other party to the proceedings.

    (4) The court officer must receive the application - 

(a) in the case of an application to a youth court, within 28 days of the date on which the defendant first appears or is brought before the court in connection with the offence;

(b) in the case of an application to a magistrates' court, within 14 days of the defendant indicating his intention to plead not guilty to any charge brought against him and in relation to which a special measures direction may be sought; and

(c) in the case of an application to the Crown Court, within 28 days of


(i) the committal of the defendant, or

(ii) the consent to the preferment of a bill of indictment in relation to the case, or

(iii) the service of a notice of transfer under section 53 of the Criminal Justice Act 1991[236], or

(iv) where a person is sent for trial under section 51 of the Crime and Disorder Act 1998[237], the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to that Act, or

(v) the service of a Notice of Appeal from a decision of a youth court or a magistrates' court.

    (5) A party to whom an application is sent in accordance with paragraph (3) may oppose the application for a special measures direction in respect of any, or any particular, measure available in relation to the witness, whether or not the question whether the witness is eligible for assistance by virtue of section 16 or 17 of the 1999 Act is in issue.

    (6) A party who wishes to oppose the application must, within 14 days of the date the application was served on him, notify the applicant and the court officer, as the case may be, in writing of his opposition and give reasons for it.

    (7) Paragraphs (5) and (6) do not apply in respect of an application for a special measures direction enabling a child witness in need of special protection to give evidence by means of a live link if the opposition is that the special measures direction is not likely to maximise the quality of the witness's evidence.

    (8) In order to comply with paragraph (6) - 

(a) a party must in the written notification state whether he - 


(i) disputes that the witness is eligible for assistance by virtue of section 16 or 17 of the 1999 Act,

(ii) disputes that any of the special measures available would be likely to improve the quality of evidence given by the witness or that such measures (or a combination of them) would be likely to maximise the quality of that evidence, and

(iii) opposes the granting of a special measures direction; and



(b) where the application relates to the admission of a video recording, a party who receives a recording must provide the information required by rule 29.7(7) below.

    (9) Except where notice is received in accordance with paragraph (6), the court (including, in the case of an application to a magistrates' court, a single justice of the peace) may - 

(a) determine the application in favour of the applicant without a hearing; or

(b) direct a hearing.

    (10) Where a party to the proceedings notifies the court in accordance with paragraph (6) of his opposition to the application, the justices' clerk or the Crown Court must direct a hearing of the application.

    (11) Where a hearing of the application is to take place in accordance with paragraph (9) or (10) above, the court officer shall notify each party to the proceedings of the time and place of the hearing.

    (12) A party notified in accordance with paragraph (11) may be present at the hearing and be heard.

    (13) The court officer must, within 3 days of the decision of the court in relation to an application under paragraph (1) being made, notify all the parties of the decision, and if the application was made for a direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of that witness, the notification must state whether the whole or specified parts only of the video recording or recordings disclosed are to be admitted in evidence.

    (14) In this Part:

"an intermediary" has the same meaning as in section 29 of the 1999 Act[238]; and

"child witness in need of protection" shall be construed in accordance with section 21(1) of the 1999 Act.

[Note. Formerly rules 1 and 2 of the Magistrates' Courts (Special Measures Directions) Rules 2002[239] and rules 1 and 2 of the Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002[240]. See also chapter I of Part II of the Youth Justice and Criminal Evidence Act 1999.]

Application for an extension of time
     29.2

    (1) An application may be made in writing for the period of 14 days or, as the case may be, 28 days specified in rule 29.1(4) to be extended.

    (2) The application may be made either before or after that period has expired.

    (3) The application must be accompanied by a statement setting out the reasons why the applicant is or was unable to make the application within that period and a copy of the application and the statement must be sent to every other party to the proceedings.

    (4) An application for an extension of time under this rule shall be determined by a single justice of the peace or a judge of the Crown Court without a hearing unless the justice or the judge otherwise directs.

    (5) The court officer shall notify all the parties of the court's decision.

[Note. Formerly rule 3 of the Magistrates' Courts (Special Measures Directions) Rules 2002 and rule 3 of the Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002.]

Late applications
     29.3

    (1) Notwithstanding the requirements of rule 29.1 - 

(a) an application may be made for a special measures direction orally at the trial; or

(b) a magistrates' court or the Crown Court may of its own motion raise the issue whether a special measures direction should be given.

    (2) Where an application is made in accordance with paragraph (1)(a) - 

(a) the applicant must state the reasons for the late application; and

(b) the court must be satisfied that the applicant was unable to make the application in accordance with rule 29.1.

    (3) The court shall determine before making a special measures direction - 

(a) whether to allow other parties to the proceedings to make representations on the question;

(b) the time allowed for making such representations (if any); and

(c) whether the question should be determined following a hearing at which the parties to the proceedings may be heard.

    (4) Paragraphs (2) and (3) do not apply in respect of an application made orally at the trial for a special measures direction - 

(a) enabling a child witness in need of special protection to give evidence by means of a live link; or

(b) enabling a video recording of such a child to be admitted as evidence in chief of the witness,

if the opposition is that the special measures direction will not maximise the quality of the witness's evidence.

[Note. Formerly rule 4 of the Magistrates' Courts (Special Measures Directions) Rules 2002 and rule 4 of the Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002.]

Discharge or variation of a special measures direction
     29.4

    (1) An application to a magistrates' court or the Crown Court to discharge or vary a special measures direction under section 20(2) of the Youth Justice and Criminal Evidence Act 1999 must be in writing and each material change of circumstances which the applicant alleges has occurred since the direction was made must be set out.

    (2) An application under paragraph (1) must be sent to the court officer as soon as reasonably practicable after the change of circumstances occurs.

    (3) The applicant must also send copies of the application to each party to the proceedings at the same time as the application is sent to the court officer.

    (4) A party to whom an application is sent in accordance with paragraph (3) may oppose the application on the ground that it discloses no material change of circumstances.

    (5) Rule 29.1(6) to (13) shall apply to an application to discharge or vary a special measures direction as it applies to an application for a direction.

[Note. Formerly rule 5 of the Magistrates' Courts (Special Measures Directions) Rules 2002 and rule 5 of the Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002.]

Renewal application following a material change of circumstances
     29.5

    (1) Where an application for a special measures direction has been refused by a magistrates' court or the Crown Court, the application may only be renewed ("renewal application") where there has been a material change of circumstances since the court refused the application.

    (2) The applicant must - 

(a) identify in the renewal application each material change of circumstances which is alleged to have occurred; and

(b) send the renewal application to the court officer as soon as reasonably practicable after the change occurs.

    (3) The applicant must also send copies of the renewal application to each of the parties to the proceedings at the same time as the application is sent to the court officer.

    (4) A party to whom the renewal application is sent in accordance with paragraph (3) above may oppose the application on the ground that it discloses no material change of circumstances.

    (5) Rules 29.1(6) to (13), 29.6 and 29.7 apply to a renewal application as they apply to the application which was refused.

[Note. Formerly rule 6 of the Magistrates' Courts (Special Measures Directions) Rules 2002 and rule 6 of the Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002.]

Application for special measures direction for witness to give evidence by means of a live television link
     29.6

    (1) Where the application for a special measures direction is made, in accordance with rule 29.1(2)(a), for a witness to give evidence by means of a live link, the following provisions of this rule shall also apply.

    (2) A party who seeks to oppose an application for a child witness to give evidence by means of a live link must, in order to comply with rule 29.1(5), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness's evidence.

    (3) However, paragraph (2) does not apply in relation to a child witness in need of special protection.

    (4) Where a special measures direction is made enabling a witness to give evidence by means of a live link, the witness shall be accompanied at the live link only by persons acceptable to the court.

    (5) If the special measures directions combine provisions for a witness to give evidence by means of a live link with provision for the examination of the witness to be conducted through an intermediary, the witness shall be accompanied at the live link only by - 

(a) the intermediary; and

(b) such other persons as may be acceptable to the court.

[Note. Formerly rule 7 of the Magistrates' Courts (Special Measures Directions) Rules 2002 and rule 7 of the Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002. As to the provision of support for witnesses giving evidence by live television link see also direction III.29 in the Practice Direction.]

Video recording of testimony from witnesses
     29.7

    (1) Where an application is made to a magistrates' court or the Crown Court for a special measures direction enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness, the following provisions of this rule shall also apply.

    (2) The application made in accordance with rule 29.1(1) must be accompanied by the video recording which it is proposed to tender in evidence and must include - 

(a) the name of the defendant and the offence to be charged;

(b) the name and date of birth of the witness in respect of whom the application is made;

(c) the date on which the video recording was made;

(d) a statement as to whether, and if so at what point in the video recording, an oath was administered to, or a solemn declaration made by, the witness;

(e) a statement that, in the opinion of the applicant, either - 


(i) the witness is available for cross-examination, or

(ii) the witness is not available for cross-examination and the parties have agreed that there is no need for the witness to be so available;



(f) a statement of the circumstances in which the video recording was made which complies with paragraph (4) of this rule; and

(g) the date on which the video recording was disclosed to the other party or parties.

    (3) Where it is proposed to tender part only of a video recording of an interview with the witness, the application must specify that part and be accompanied by a video recording of the entire interview, including those parts which it is not proposed to tender in evidence, and by a statement of the circumstances in which the video recording of the entire interview was made which complies with paragraph (4) of this rule.

    (4) The statement of the circumstances in which the video recording was made referred to in paragraphs (2)(f) and (3) of this rule shall include the following information, except in so far as it is contained in the recording itself - 

(a) the times at which the recording commenced and finished, including details of interruptions;

(b) the location at which the recording was made and the usual function of the premises;

(c) in relation to each person present at any point during, or immediately before, the recording - 


(i) their name, age and occupation,

(ii) the time for which each person was present, and

(iii) the relationship, if any, of each person to the witness and to the defendant;



(d) in relation to the equipment used for the recording - 



(i) a description of the equipment,

(ii) the number of cameras used,

(iii) whether the cameras were fixed or mobile,

(iv) the number and location of the microphones,

(v) the video format used; and

(vi) whether it offered single or multiple recording facilities and, if so, which were used; and



(e) the location of the mastertape if the video recording is a copy and details of when and by whom the copy was made.

    (5) If the special measures directions enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness with provision for the examination of the witness to be conducted through an intermediary, the information to be provided under paragraph (4)(c) shall be the same as that for other persons present at the recording but with the addition of details of the declaration made by the intermediary under rule 29.9.

    (6) If the special measures directions enabling a video recording of an interview of a witness to be admitted as evidence in chief of the witness with provision for the witness, in accordance with section 30 of the Youth Justice and Criminal Evidence Act 1999, to be provided with a device as an aid to communication during the video recording of the interview the information to be included under paragraph (4)(d) shall include also details of any such device used for the purposes of recording.

    (7) A party who receives a recording under paragraph (2) must within 14 days of its receipt, notify the applicant and the court officer, in writing - 

(a) whether he objects to the admission under section 27 of the 1999 Act[241] of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted;

(b) whether he would agree to the admission of part of the video recording or recordings and, if so, which part or parts; and

(c) whether he wishes to be represented at any hearing of the application.

    (8) A party who seeks to oppose an application for a special measures direction enabling a video recording of an interview of a child witness to be admitted as evidence in chief of the witness must, in order to comply with rule 29.1(6), state why in his view the giving of a special measures direction would not be likely to maximise the quality of the witness's evidence.

    (9) However, paragraph (8) does not apply if the witness is a child witness in need of special protection.

    (10) Notwithstanding the provisions of rule 29.1 and this rule, any video recording which the defendant proposes to tender in evidence need not be sent to the prosecution until the close of the prosecution case at the trial.

    (11) The court may determine an application by the defendant to tender in evidence a video recording even though the recording has not, in accordance with paragraph (10), been served upon the prosecution.

    (12) Where a video recording which is the subject of a special measures direction is sent to the prosecution after the direction has been made, the prosecutor may apply to the court for the direction to be varied or discharged.

    (13) An application under paragraph (12) may be made orally to the court.

    (14) A prosecutor who makes an application under paragraph (12) must state - 

(a) why he objects to the admission under section 27 of the 1999 Act of any part of the video recording or recordings disclosed, giving his reasons why it would not be in the interests of justice for the recording or any part of it to be admitted; and

(b) whether he would agree to the admission of part of the video recording or recordings and, if so, which part or parts.

    (15) The court must, before determining the application - 

(a) direct a hearing of the application; and

(b) allow all the parties to the proceedings to be present and be heard on the application.

    (16) The court officer must notify all parties to the proceedings of the decision of the court as soon as may be reasonable after the decision is given.

    (17) Any decision varying a special measures direction must state whether the whole or specified parts of the video recording or recordings subject to the application are to be admitted in evidence.

[Note. Formerly rule 8 of the Magistrates' Courts (Special Measures Directions) Rules 2002 and rule 8 of the Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002. As to the use of video-recorded evidence in chief see also direction IV.40 in the Practice Direction.]

Expert evidence in connection with special measures directions
     29.8 Any party to proceedings in a magistrates' court or the Crown Court who proposes to adduce expert evidence (whether of fact or opinion) in connection with an application or renewal application for, or for varying or discharging, a special measures direction must, not less than 14 days before the date set for the trial to begin - 

(a) furnish the other party or parties to those proceedings with a statement in writing of any finding or opinion which he proposes to adduce by way of such evidence; and

(b) where a request is made to him in that behalf by any other party to those proceedings, provide that party also with a copy of (or if it appears to the party proposing to adduce the evidence to be more practicable, a reasonable opportunity to examine) the record of any observation, test, calculation or other procedure on which such finding or opinion is based and any document or other thing or substance in respect of which any such procedure has been carried out.

[Note. Formerly rule 9 of the Magistrates' Courts (Special Measures Directions) Rules 2002 and rule 9 of the Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002.]

Intermediaries
     29.9 The declaration required to be made by an intermediary in accordance with section 29(5) of the Youth Justice and Criminal Evidence Act 1999[242] shall be in the following form:

" I solemnly, sincerely and truly declare that I will well and faithfully communicate questions and answers and make true explanation of all matters and things as shall be required of me according to the best of my skill and understanding."

[Note. Formerly rule 9A of the Magistrates' Courts (Special Measures Directions) Rules 2002 and rule 9A of the Crown Court (Special Measures Directions and Directions Prohibiting Cross-examination) Rules 2002.]

(a) whether or not he opposes the application, giving his reasons for any such opposition; and

(b) whether or not he wishes to be represented at any hearing of the application.

    (8) After the expiry of the period referred to in paragraph (7), the Crown Court shall determine whether an application under paragraph (1) is to be dealt with - 

(a) without a hearing; or

(b) at a hearing at which the applicant and such other party or parties as the court may direct may be represented;

(c) and the court officer shall notify the applicant and, where necessary, the other party or parties, of the time and place of any such hearing.

    (9) The court officer shall notify all the parties of the decision of the Crown Court in relation to an application under paragraph (1) and, where leave is granted, the notification shall state - 

(a) the country in which the witness will give evidence;

(b) if known, the place where the witness will give evidence;

(c) where the witness is to give evidence on behalf of the prosecutor, or where disclosure is required by section 5(7) of the Criminal Procedure and Investigations Act 1996[246] (alibi) or by rules under section 81 of the Police and Criminal Evidence Act 1984[247] (expert evidence), the name of the witness;

(d) the location of the Crown Court at which the trial should take place; and

(e) any conditions specified by the Crown Court in accordance with paragraph (10).

    (10) The Crown Court dealing with an application under paragraph (1) may specify that as a condition of the grant of leave the witness should give the evidence in the presence of a specified person who is able and willing to answer under oath or affirmation any questions the trial judge may put as to the circumstances in which the evidence is given, including questions about any persons who are present when the evidence is given and any matters which may affect the giving of the evidence.

[Note. Formerly rule 23B of the Crown Court Rules 1982[248]. For the corresponding rule in the Court of Appeal see rule 68.19.]

(a) is prevented from cross-examining a witness in person; and

(b) should arrange for a legal representative to act for him for the purpose of cross-examining the witness.

    (3) The accused shall notify the court officer within 7 days of the court giving its explanation, or within such other period as the court may in any particular case allow, of the action, if any, he has taken.

    (4) Where he has arranged for a legal representative to act for him, the notification shall include details of the name and address of the representative.

    (5) The notification shall be in writing.

    (6) The court officer shall notify all other parties to the proceedings of the name and address of the person, if any, appointed to act for the accused.

    (7) Where the court gives its explanation under paragraph (2) to the accused either within 7 days of the day set for the commencement of any hearing at which a witness in respect of whom a prohibition under section 34, 35 or 36 of the 1999 Act applies may be cross-examined or after such a hearing has commenced, the period of 7 days shall be reduced in accordance with any directions issued by the court.

    (8) Where at the end of the period of 7 days or such other period as the court has allowed, the court has received no notification from the accused it may grant the accused an extension of time, whether on its own motion or on the application of the accused.

    (9) Before granting an extension of time, the court may hold a hearing at which all parties to the proceedings may attend and be heard.

    (10) Any extension of time shall be of such period as the court considers appropriate in the circumstances of the case.

    (11) The decision of the court as to whether to grant the accused an extension of time shall be notified to all parties to the proceedings by the court officer.

[Note. Formerly rule 24B of the Crown Court Rules 1982[250].]

Appointment of legal representative by the Crown Court
     31.2

    (1) Where the court decides, in accordance with section 38(4) of the Youth Justice and Criminal Evidence Act 1999, to appoint a qualified legal representative, the court officer shall notify all parties to the proceedings of the name and address of the representative.

    (2) An appointment made by the court under section 38(4) of the 1999 Act shall, except to such extent as the court may in any particular case determine, terminate at the conclusion of the cross-examination of the witness or witnesses in respect of whom a prohibition under section 34, 35 or 36 of the 1999 Act applies.

[Note. Formerly rule 24C of the Crown Court Rules 1982.]

Appointment arranged by the accused in the Crown Court
     31.3

    (1) The accused may arrange for the qualified legal representative, appointed by the court under section 38(4) of the Youth Justice and Criminal Evidence Act 1999, to be appointed to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under section 34, 35 or 36 of the 1999 Act applies.

    (2) Where such an appointment is made - 

(a) both the accused and the qualified legal representative appointed shall notify the court of the appointment; and

(b) the qualified legal representative shall, from the time of his appointment, act for the accused as though the arrangement had been made under section 38(2)(a) of the 1999 Act and shall cease to be the representative of the court under section 38(4).

    (3) Where the court receives notification of the appointment either from the qualified legal representative or from the accused but not from both, the court shall investigate whether the appointment has been made, and if it concludes that the appointment has not been made, paragraph (2)(b) shall not apply.

    (4) An accused may, notwithstanding an appointment by the court under section 38(4) of the 1999 Act, arrange for a legal representative to act for him for the purpose of cross-examining any witness in respect of whom a prohibition under section 34, 35 or 36 of the 1999 Act applies.

    (5) Where the accused arranges for, or informs the court of his intention to arrange for, a legal representative to act for him, he shall notify the court, within such period as the court may allow, of the name and address of any person appointed to act for him.

    (6) Where the court is notified within the time allowed that such an appointment has been made, any qualified legal representative appointed by the court in accordance with section 38(4) of the 1999 Act shall be discharged.

    (7) The court officer shall, as soon as reasonably practicable after the court receives notification of an appointment under this rule or, where paragraph (3) applies, after the court is satisfied that the appointment has been made, notify all the parties to the proceedings - 

(a) that the appointment has been made;

(b) where paragraph (4) applies, of the name and address of the person appointed; and

(c) that the person appointed by the Crown Court under section 38(4) of the 1999 Act has been discharged or has ceased to act for the court.

[Note. Formerly rule 24D of the Crown Court Rules 1982.]

Prohibition on cross-examination of particular witness in the Crown Court
     31.4

    (1) An application by the prosecutor for the court to give a direction under section 36 of the Youth Justice and Criminal Evidence Act 1999 in relation to any witness must be sent to the court officer and at the same time a copy thereof must be sent by the applicant to every other party to the proceedings.

    (2) In his application the prosecutor must state why, in his opinion - 

(a) the evidence given by the witness is likely to be diminished if cross-examination is undertaken by the accused in person;

(b) the evidence would be improved if a direction were given under section 36(2) of the 1999 Act; and

(c) it would not be contrary to the interests of justice to give such a direction.

    (3) On receipt of the application the court officer must refer it - 

(a) if the trial has started, to the trial judge; or

(b) if the trial has not started when the application is received - 


(i) to the judge who has been designated to conduct the trial, or

(ii) if no judge has been designated for that purpose, to such judge who may be designated for the purposes of hearing that application.

    (4) Where a copy of the application is received by a party to the proceedings more than 14 days before the date set for the trial to begin, that party may make observations in writing on the application to the court officer, but any such observations must be made within 14 days of the receipt of the application and be copied to the other parties to the proceedings.

    (5) A party to whom an application is sent in accordance with paragraph (1) who wishes to oppose the application must give his reasons for doing so to the court officer and the other parties to the proceedings.

    (6) Those reasons must be notified - 

(a) within 14 days of the date the application was served on him, if that date is more than 14 days before the date set for the trial to begin;

(b) if the trial has begun, in accordance with any directions issued by the trial judge; or

(c) if neither paragraph (6)(a) nor (b) applies, before the date set for the trial to begin.

    (7) Where the application made in accordance with paragraph (1) is made before the date set for the trial to begin and - 

(a) is not contested by any party to the proceedings, the court may determine the application without a hearing;

(b) is contested by a party to the proceedings, the court must direct a hearing of the application.

    (8) Where the application is made after the trial has begun - 

(a) the application may be made orally; and

(b) the trial judge may give such directions as he considers appropriate to deal with the application.

    (9) Where a hearing of the application is to take place, the court officer shall notify each party to the proceedings of the time and place of the hearing.

    (10) A party notified in accordance with paragraph (9) may be present at the hearing and be heard.

    (11) The court officer must, as soon as possible after the determination of an application made in accordance with paragraph (1), give notice of the decision and the reasons for it to all the parties to the proceedings.

    (12) A person making an oral application under paragraph (8)(a) must - 

(a) give reasons why the application was not made before the trial commenced; and

(b) provide the court with the information set out in paragraph (2).

[Note. Formerly rule 24E of the Crown Court Rules 1982.]

(a) state that the person required by the process to appear as a party or attend as a witness can obtain information about his rights in connection therewith from the relevant authority; and

(b) give the particulars specified in paragraph (4) about that authority.

    (3) The relevant authority where the process is served - 

(a) at the request of the prosecuting authority, is that authority; or

(b) at the request of the defendant or the prosecutor in the case of a private prosecution, is the court by which the process is served.

    (4) The particulars referred to in paragraph (2) are - 

(a) the name and address of the relevant authority, together with its telephone and fax numbers and e-mail address; and

(b) the name of a person at the relevant authority who can provide the information referred to in paragraph (2)(a), together with his telephone and fax numbers and e-mail address.

    (5) The justices' clerk or Crown Court officer must send, together with any process served outside the United Kingdom - 

(a) any translation which is provided under section 3(3)(b) of the 2003 Act; and

(b) any translation of the information required to be given by this rule which is provided to him.

    (6) In this rule "process" has the same meaning as in section 51(3) of the 2003 Act.

[Note. Formerly rule 3 of the Magistrates' Courts (Crime (International Co-operation)) Rules 2004[252] and rule 30 of the Crown Court Rules 1982[253].]

Proof of service outside the United Kingdom
     32.2

    (1) A statement in a certificate given by or on behalf of the Secretary of State - 

(a) that process has been served on any person under section 4(1) of the Crime (International Co-operation) Act 2003 (service of process otherwise than by post);

(b) of the manner in which service was effected; and

(c) of the date on which process was served;

shall be admissible as evidence of any facts so stated.

    (2) In this rule "process" has the same meaning as in section 51(3) of the 2003 Act.

[Note. Formerly rule 4 of the Magistrates' Courts (Crime (International Co-operation)) Rules 2004 and rule 31 of the Crown Court Rules 1982.]

Supply of copy of notice of request for assistance abroad
     32.3 Where a request for assistance under section 7 of the Crime (International Co-operation) Act 2003 is made by a justice of the peace or a judge exercising the jurisdiction of the Crown Court and is sent in accordance with section 8(1) of the 2003 Act, the justices' clerk or the Crown Court officer shall send a copy of the letter of request to the Secretary of State as soon as practicable after the request has been made.

[Note. Formerly rule 5 of the Magistrates' Courts (Crime (International Co-operation)) Rules 2004 and rule 32 of the Crown Court Rules 1982.]

Persons entitled to appear and take part in proceedings before a nominated court and exclusion of public
     32.4 A court nominated under section 15(1) of the Crime (International Co-operation) Act 2003 (nominating a court to receive evidence) may - 

(a) determine who may appear or take part in the proceedings under Schedule 1 to the 2003 Act before the court and whether a party to the proceedings is entitled to be legally represented; and

(b) direct that the public be excluded from those proceedings if it thinks it necessary to do so in the interests of justice.

[Note. Formerly rule 6 of the Magistrates' Courts (Crime (International Co-operation)) Rules 2004 and rule 32A of the Crown Court Rules 1982.]

Record of proceedings to receive evidence before a nominated court
     32.5

    (1) Where a court is nominated under section 15(1) of the Crime (International Co-operation) Act 2003 the justices' clerk or Crown Court officer shall enter in an overseas record - 

(a) details of the request in respect of which the notice under section 15(1) of the 2003 Act was given;

(b) the date on which, and place at which, the proceedings under Schedule 1 to the 2003 Act in respect of that request took place;

(c) the name of any witness who gave evidence at the proceedings in question;

(d) the name of any person who took part in the proceedings as a legal representative or an interpreter;

(e) whether a witness was required to give evidence on oath or (by virtue of section 5 of the Oaths Act 1978[254]) after making a solemn affirmation; and

(f) whether the opportunity to cross-examine any witness was refused.

    (2) When the court gives the evidence received by it under paragraph 6(1) of Schedule 1 to the 2003 Act to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request, the justices' clerk or Crown Court officer shall send to the court, authority or territorial authority (as the case may be) a copy of an extract of so much of the overseas record as relates to the proceedings in respect of that request.

[Note. Formerly rule 7 of the Magistrates' Courts (Crime (International Co-operation)) Rules 2004 and rule 32B of the Crown Court Rules 1982. As to the keeping of an overseas record see rule 32.9.]

Interpreter for the purposes of proceedings involving a television or telephone link
     32.6

    (1) This rule applies where a court is nominated under section 30(3) (hearing witnesses in the UK through television links) or section 31(4) (hearing witnesses in the UK by telephone) of the Crime (International Co-operation) Act 2003.

    (2) Where it appears to the justices' clerk or the Crown Court officer that the witness to be heard in the proceedings under Part 1 or 2 of Schedule 2 to the 2003 Act ("the relevant proceedings") is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the proceedings to translate what is said into English.

    (3) Where it appears to the justices' clerk or the Crown Court officer that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than that in which the proceedings of the court referred to in section 30(1) or, as the case may be, 31(1) of the 2003 Act ("the external court") will be conducted, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into the language in which the proceedings of the external court will be conducted.

    (4) Where the evidence in the relevant proceedings is either given in a language other than English or is not translated into English by an interpreter, the court shall adjourn the proceedings until such time as an interpreter can be present to provide a translation into English.

    (5) Where a court in Wales understands Welsh - 

(a) paragraph (2) does not apply where it appears to the justices' clerk or Crown Court officer that the witness in question is likely to give evidence in Welsh;

(b) paragraph (4) does not apply where the evidence is given in Welsh; and

(c) any translation which is provided pursuant to paragraph (2) or (4) may be into Welsh instead of English.

[Note. Formerly rule 8 of the Magistrates' Courts (Crime (International Co-operation)) Rules 2004 and rule 32C of the Crown Court Rules 1982.]

Record of television link hearing before a nominated court
     32.7

    (1) This rule applies where a court is nominated under section 30(3) of the Crime (International Co-operation) Act 2003.

    (2) The justices' clerk or Crown Court officer shall enter in an overseas record - 

(a) details of the request in respect of which the notice under section 30(3) of the 2003 Act was given;

(b) the date on which, and place at which, the proceedings under Part 1 of Schedule 2 to that Act in respect of that request took place;

(c) the technical conditions, such as the type of equipment used, under which the proceedings took place;

(d) the name of the witness who gave evidence;

(e) the name of any person who took part in the proceedings as a legal representative or an interpreter; and

(f) the language in which the evidence was given.

    (3) As soon as practicable after the proceedings under Part 1 of Schedule 2 to the 2003 Act took place, the justices' clerk or Crown Court officer shall send to the external authority that made the request a copy of an extract of so much of the overseas record as relates to the proceedings in respect of that request.

[Note. Formerly rule 9 of the Magistrates' Courts (Crime (International Co-operation)) Rules 2004 and rule 32D of the Crown Court Rules 1982. As to the keeping of an overseas record see rule 32.9.]

Record of telephone link hearing before a nominated court
     32.8

    (1) This rule applies where a court is nominated under section 31(4) of the Crime (International Co-operation) Act 2003.

    (2) The justices' clerk or Crown Court officer shall enter in an overseas record - 

(a) details of the request in respect of which the notice under section 31(4) of the 2003 Act was given;

(b) the date, time and place at which the proceedings under Part 2 of Schedule 2 to the 2003 Act took place;

(c) the name of the witness who gave evidence;

(d) the name of any interpreter who acted at the proceedings; and

(e) the language in which the evidence was given.

[Note. Formerly rule 10 of the Magistrates' Courts (Crime (International Co-operation)) Rules 2004 and rule 32E of the Crown Court Rules 1982. As to the keeping of an overseas record see rule 32.9.]

Overseas record
     32.9

    (1) The overseas records of a magistrates' court shall be part of the register (within the meaning of section 150(1) of the Magistrates' Courts Act 1980[255]) and shall be kept in a separate book.

    (2) The overseas records of any court shall not be open to inspection by any person except - 

(a) as authorised by the Secretary of State; or

(b) with the leave of the court.

[Note. Formerly rule 11 of the Magistrates' Courts (Crime (International Co-operation)) Rules 2004 and rule 32F of the Crown Court Rules 1982. As to the keeping of a register by a magistrates' court see rule 6.1.]

(a) in a magistrates' court, at the same time as he complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996[257] (disclosure by prosecutor); or

(b) in the Crown Court, not more than 14 days after - 


(i) the committal of the defendant, or

(ii) the consent to the preferment of a bill of indictment in relation to the case, or

(iii) the service of a notice of transfer under section 4 of the Criminal Justice Act 1987[258] (serious fraud cases) or under section 53 of the Criminal Justice Act 1991[259] (certain cases involving children), or

(iv) where a person is sent for trial under section 51 of the Crime and Disorder Act 1998[260] (indictable-only offences sent for trial), the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to the 1998 Act.

When a defendant must give notice of hearsay evidence
     34.4 A defendant must give notice of hearsay evidence not more than 14 days after the prosecutor has complied with or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by prosecutor).

Opposing the introduction of hearsay evidence
     34.5 A party who receives a notice of hearsay evidence may oppose it by giving notice within 14 days in the form set out in the Practice Direction to the court officer and all other parties.

Methods of giving notice
     34.6 Where this Part requires a notice to be given it may, with the consent of the addressee, be sent by fax or other means of electronic communication.

Court's power to vary requirements under this Part
     34.7 The court may - 

(a) dispense with the requirement to give notice of hearsay evidence;

(b) allow notice to be given in a different form, or orally; or

(c) shorten a time limit or extend it (even after it has expired).

Waiving the requirement to give a notice of hearsay evidence
     34.8 A party entitled to receive a notice of hearsay evidence may waive his entitlement by so informing the court and the party who would have given the notice.

(a) not more than 14 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996[262] (disclosure by the prosecutor); or

(b) as soon as reasonably practicable, where the application concerns a non-defendant who is to be invited to give (or has given) evidence for a defendant.

[Note. Formerly rule 72A(1) of the Magistrates' Courts Rules 1981[263] and rule 23E(1) of the Crown Court Rules 1982[264].]

Opposing introduction of evidence of non-defendant's bad character
     35.3 A party who receives a copy of an application under rule 35.2 may oppose that application by giving notice in writing to the court officer and all other parties to the proceedings not more than 14 days after receiving that application.

[Note. Formerly rule 72A(2) of the Magistrates' Courts Rules 1981 and rule 23E(2) of the Crown Court Rules 1982.]

Prosecutor introducing evidence of defendant's bad character
     35.4

    (1) A prosecutor who wants to introduce evidence of a defendant's bad character or who wants to cross-examine a witness with a view to eliciting that evidence, under section 101 of the Criminal Justice Act 2003 must give notice in the form set out in the Practice Direction to the court officer and all other parties to the proceedings.

    (2) Notice under paragraph (1) must be given - 

(a) in a case to be tried in a magistrates' court, at the same time as the prosecutor complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996; and

(b) in a case to be tried in the Crown Court, not more than 14 days after - 


(i) the committal of the defendant, or

(ii) the consent to the preferment of a bill of indictment in relation to the case, or

(iii) the service of notice of transfer under section 4(1) of the Criminal Justice Act 1987[265] (notices of transfer) or under section 53(1) of the Criminal Justice Act 1991[266] (notices of transfer in certain cases involving children), or

(iv) where a person is sent for trial under section 51 of the Crime and Disorder Act 1998[267] (sending cases to the Crown Court) the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to that Act[268].

[Note. Formerly rule 72A(3) of the Magistrates' Courts Rules 1981 and rule 23E(3) of the Crown Court Rules 1982.]

Co-defendant introducing evidence of defendant's bad character
     35.5 A co-defendant who wants to introduce evidence of a defendant's bad character or who wants to cross-examine a witness with a view to eliciting that evidence under section 101 of the Criminal Justice Act 2003 must give notice in the form set out in the Practice Direction to the court officer and all other parties to the proceedings not more than 14 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

[Note. Formerly rule 72A(4) of the Magistrates' Courts Rules 1981 and rule 23E(4) of the Crown Court Rules 1982.]

Defendant applying to exclude evidence of his own bad character
     35.6 A defendant's application to exclude bad character evidence must be in the form set out in the Practice Direction and received by the court officer and all other parties to the proceedings not more than 7 days after receiving a notice given under rules 35.4 or 35.5.

[Note. Formerly rule 72A(5) of the Magistrates' Courts Rules 1981 and rule 23E(5) of the Crown Court Rules 1982.]

Methods of giving notice
     35.7 Where this rule requires a notice or application to be given or sent it may, with the consent of the addressee, be sent by fax or other means of electronic communication.

[Note. Formerly rule 72A(8) of the Magistrates' Courts Rules 1981 and rule 23E(8) of the Crown Court Rules 1982.]

Court's power to vary requirements under this Part
     35.8 The court may - 

(a) allow a notice or application required under this rule to be given in a different form, or orally; or

(b) shorten a time-limit under this rule or extend it even after it has expired.

[Note. Formerly rule 72A(7) of the Magistrates' Courts Rules 1981 and rule 23E(7) of the Crown Court Rules 1982.]

Defendant waiving right to receive notice
     35.9 A defendant entitled to receive a notice under this Part may waive his entitlement by so informing the court and the party who would have given the notice.

[Note. Formerly rule 72A(6) of the Magistrates' Courts Rules 1981 and rule 23E(6) of the Crown Court Rules 1982.]

(a) be received by the court officer within 28 days of - 


(i) the committal of the defendant, or

(ii) the consent to the preferment of a bill of indictment in relation to the case, or

(iii) the service of notice of transfer under section 53 of the Criminal Justice Act 1991[270], or

(iv) where a person is sent for trial under section 51 of the Crime and Disorder Act 1998[271], the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to the 1998 Act[272],

(v) or within such period as the court may in any particular case determine; or



(b) be accompanied by a full written explanation specifying the reasons why the application could not have been made within the 28 days mentioned above.

    (2) Such an application must contain the following - 

(a) a summary of the evidence it is proposed to adduce and of the questions it is proposed to put to any witness;

(b) a full explanation of the reasons why it is considered that the evidence and questions fall within section 41(3) or (5) of the 1999 Act;

(c) a summary of any document or other evidence to be submitted in support of such evidence and questions; and

(d) where it is proposed that a witness at the trial give evidence as to the complainant's sexual behaviour, the name and date of birth of any such witness.

    (3) A copy of the application must be sent to all the parties to the proceedings at the same time as it is sent to the court officer.

    (4) Where a copy of the application is received by the prosecutor more than 14 days before the date set for the trial to begin, the prosecutor must, within 14 days of the receipt of the application, notify the other parties to the proceedings and the court officer in writing whether or not - 

(a) he opposes the application, giving reasons for any such opposition; and

(b) he wishes to be represented at any hearing of the application.

    (5) Where a copy of the application is received by a party to the proceedings other than the prosecutor more than 14 days before the date set for the trial to begin, that party may make observations in writing on the application to the court officer, but any such observations must be made within 14 days of the receipt of the application and be copied to the other parties to the proceedings.

    (6) In considering any application under this rule, the court may request a party to the proceedings to provide the court with such information as it may specify and which the court considers would assist it in determining the application.

    (7) Where the court makes such a request, the person required to provide the information must do so within 14 days of the court making the request or by such time as the court considers appropriate in the circumstances of the case.

    (8) An application under paragraph (1) must be determined by a judge of the Crown Court following a hearing if - 

(a) the prosecutor has notified the court officer that he opposes the application; or

(b) the copy of the application was received by any of the parties to the proceedings less than 14 days before the date set for the trial to begin.

    (9) An application under paragraph (1) must be determined by a judge of the Crown Court following a hearing in any case where he considers such a hearing is appropriate in the circumstances of the particular case.

    (10) The date and time of the hearing must be - 

(a) determined by the court or the court officer after taking into consideration - 


(i) any time which a party to the proceedings has been given to respond to a request for information, and

(ii) the date fixed for any other hearing relevant to the proceedings; and



(b) notified by the court officer to all the parties to the proceedings.

    (11) Except where paragraph (8) or (9) above applies, an application under paragraph (1) must be determined by a judge of the Crown Court without a hearing.

    (12) The court officer must, as soon as possible after the determination of an application made in accordance with paragraph (1), give notice of the decision and the reasons for it to all the parties to the proceedings.

    (13) An application under section 41(2) of the 1999 Act may be made orally where the application is made after the trial has begun.

    (14) The person making the application under paragraph (13) must - 

(a) give reasons why the applicant failed to make the application in writing in accordance with paragraph (1); and

(b) provide the court with the information set out in paragraph (2)(a) to (d).

[Note. Formerly rule 23D of the Crown Court Rules 1982[273]. See also section 43 of the Youth Justice and Criminal Evidence Act 1999[274].]

(a) Paragraphs 1, 2, 5 and 6 of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000[279] (breach, revocation and amendment of supervision orders);

(b) Part II, III or IV of Schedule 3 to the 2000 Act (breach, revocation and amendment of certain community orders)[280];

(c) Paragraphs 4, 5, 6 and 7 of Schedule 5 to the 2000 Act (breach, revocation and amendment of attendance centre orders); and

(d) Schedule 8 to the 2000 Act (breach, revocation and amendment of action plan orders and reparation orders)[281].

    (3) Where the court is inquiring into an offence as examining justices, only rules 38.2, 38.3 and 38.5(3) apply, and where the proceedings are of a kind mentioned in paragraph (2)(a), (b) or (c) rule 38.4 does not apply.

[Note. Formerly rule 4 of the Magistrates' Courts (Children and Young Persons) Rules 1992[282].]

Assistance in conducting case
     38.2

    (1) Except where the relevant minor is legally represented, the magistrates' court shall allow his parent or guardian to assist him in conducting his case.

    (2) Where the parent or guardian cannot be found or cannot in the opinion of the court reasonably be required to attend, the court may allow any relative or other responsible person to take the place of the parent or guardian for the purposes of this Part.

[Note. Formerly rule 5 of the Magistrates' Courts (Children and Young Persons) Rules 1992.]

Duty of court to explain nature of proceedings etc
     38.3

    (1) The magistrates' court shall explain to the relevant minor the nature of the proceedings and, where he is charged with an offence, the substance of the charge.

    (2) The explanation shall be given in simple language suitable to his age and understanding.

[Note. Formerly rule 6 of the Magistrates' Courts (Children and Young Persons) Rules 1992.]

Duty of court to take plea to charge
     38.4 Where the relevant minor is charged with an offence the magistrates' court shall, after giving the explanation required by rule 38.3, ask him whether he pleads guilty or not guilty to the charge.

[Note. Formerly rule 7 of the Magistrates' Courts (Children and Young Persons) Rules 1992.]

Evidence in support of charge
     38.5

    (1) Where - 

(a) the relevant minor is charged with an offence and does not plead guilty, or

(b) the proceedings are of a kind mentioned in rule 38.1(2)(a), (b) or (c),

the magistrates' court shall hear the witnesses in support of the charge or, as the case may be, the application.

    (2) Except where - 

(a) the proceedings are of a kind mentioned in rule 38.1(2)(a), (b) or (c), and

(b) the relevant minor is the applicant,

each witness may at the close of his evidence-in-chief be cross-examined by or on behalf of the relevant minor.

    (3) If in any case where the relevant minor is not legally represented or assisted as provided by rule 38.2, the relevant minor, instead of asking questions by way of cross-examination, makes assertions, the court shall then put to the witness such questions as it thinks necessary on behalf of the relevant minor and may for this purpose question the relevant minor in order to bring out or clear up any point arising out of any such assertions.

[Note. Formerly rule 8 of the Magistrates' Courts (Children and Young Persons) Rules 1992.]

Evidence in reply
     38.6 If it appears to the magistrates' court after hearing the evidence in support of the charge or application that a prima facie case is made out, the relevant minor shall, if he is not the applicant and is not legally represented, be told that he may give evidence or address the court, and the evidence of any witnesses shall be heard.

[Note. Formerly rule 9 of the Magistrates' Courts (Children and Young Persons) Rules 1992.]

(a) shall not begin until the expiration of 14 days beginning with the date of his committal, except with his consent and the consent of the prosecution; and

(b) shall, unless the Crown Court has otherwise ordered, begin not later than the expiration of 8 weeks beginning with the date of his committal.

[Note. Formerly rule 24 of the Crown Court Rules 1982[284]. For time limits for the listing of plea and directions hearings see direction IV.42 in the Practice Direction.]

(a) immediately after the court sentences or otherwise deals with that person in respect of the offence; or

(b) where the court, being a magistrates' court, commits that person to the Crown Court, or remits him to another magistrates' court, to be dealt with in respect of the offence, immediately after he is so committed or remitted, as the case may be; or

(c) where that person is a child or young person and the court, being the Crown Court, remits him to a youth court to be dealt with in respect of the offence, immediately after he is so remitted.

[Note. Formerly rule 2 of the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules 1997[286] and rule 2 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules 1997[287].]

Form of certification in the Crown Court
     40.2 A certification referred to in section 54(2) of the Criminal Procedure and Investigations Act 1996 by the Crown Court shall be drawn up in the form set out in the Practice Direction.

[Note. Formerly rule 3 of the Crown Court (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules 1997.]

Service of a copy of the certification
     40.3

    (1) Where a magistrates' court or the Crown Court makes a certification as referred to in section 54(2) of the Criminal Procedure and Investigations Act 1996, the court officer shall, as soon as practicable after the drawing up of the form, serve a copy on the acquitted person referred to in the certification, on the prosecutor in the proceedings which led to the acquittal, and, where the acquittal has taken place before a court other than, or at a different place to, the court where the certification has been made, on -