Rule 38
The following provisions are revoked:
(a) Rule 7.5(2);
(b) Rule 13.6 and the note after that rule;
(c) Rule 15.6;
(d) Rule 19.1(5);
(e) Rule 19.2(5);
(f) Rule 19.2(8);
(g) Rule 34.6;
(h) Rule 35.7 and the note after that rule;
(i) Rule 37.3(2);
(j) Rule 40.3(2);
(k) Rule 40.3(3);
(l) Rule 40.3(4);
(m) Rule 41.17;
(n) Rule 52.1(2);
(o) Rule 52.5 and the note after that rule;
(p) Rule 52.7(2);
(q) Rule 55.4 and the note after that rule;
(r) Rule 64.5 and the note after that rule;
(s) Rule 65.9 and the note after that rule;
(t) Rule 66.17;
(u) Rule 68.1 and the note after that rule;
(v) Rule 69.6 and the note after that rule;
(w) Rule 70.8 and the note after that rule; and
(x) Rule 71.11 and the note after that rule.
(This note is not part of the Rules)
These Rules add the following new provisions to the Criminal Procedure Rules 2005 (“the Rules”):
A new Part 4 (service of documents), in substitution for the existing Part 4, which consolidates, revises and simplifies the rules about the service of documents in criminal cases.
A new Part 14 (indictments), in substitution for the existing Part 14, which revises and simplifies the rules about the service, form and content of indictments. In some circumstances the new rules allow more than one incident of the same offence to be charged in a single paragraph of an indictment, which was not explicitly permitted by the rules these replace.
A new Part 28 (witness summonses, warrants and orders), in substitution for the existing Part 28, which revises and simplifies the rules about applications for witnesses to give evidence or produce documents for use in evidence. The new rules require the court to consider the rights of those to whom confidential information or documents relate before a witness can be required to give evidence about them. They allow for applications to set aside orders that have been made.
New rules in Part 2 (when the Rules apply) explain when the new rules in Parts 14 and 28 will apply.
In addition, the following amendments and revocations are made:
The rules contained in the Indictment Rules 1971 are revoked (they are superseded by the new rules in Part 14).
Part 19 (custody and bail) is amended to allow for applications under section 47(1E) of the Police and Criminal Evidence Act 1984 to vary bail conditions before charge, and to remove some inconsistencies in the rules in that Part.
Part 31 (restriction on cross-examination by a defendant acting in person) is amended so that the rules in that Part apply in magistrates' courts as well as in the Crown Court.
Most of the existing rules about service of documents are revoked (they are superseded by the new consolidated rules in Part 4) and other existing rules are amended to make them consistent with the new Part 4 rules.
The Glossary is extended to include explanations of the expressions “requisition” and “written charge”.
The changes made by these Rules come into force on 2nd April 2007.