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The Criminal Procedure (Amendment) Rules 2017
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- UK Statutory Instruments
- 2017 No. 144 (L. 2)
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend the Criminal Procedure Rules 2015, S.I. 2015/1490, as follows:
| Rule | Amendment |
|---|---|
| Part 8 | A new rule 8.4 is added to require a magistrates’ court to allow the defendant sufficient time to consider prosecution information not previously served or made available. |
| Part 14 | Rule 14.2 is amended to require the court, when considering bail, to allow the defendant sufficient time to consider information provided by the prosecutor, and to give itself sufficient time to consider the parties’ representations and come to a reasoned conclusion. Rule 14.5 is amended to make it explicit that prosecution information submitted to the court in bail proceedings must be provided to the defendant, too. |
| Part 30 | Rule 30.3 is amended to remove the obligation to give the defendant a receipt for the payment of a fine, etc. where the method chosen to pay generates an independent record of the transaction. |
| Part 31 | Labour market enforcement orders are added to the list of orders which the Part accommodates. Rule 31.3 is amended to require service of a draft restraining order where the prosecutor proposes such an order. |
| Part 33 | Each of rules 33.15, 33.16 and 33.17 is amended to provide for the determination of an application by means of a consent order. |
| Part 34 | Rule 34.11 is amended to remove the requirement for the constitution of the Crown Court to include both a man and a woman on an appeal from a youth court. |
| Part 36 | Rule 36.14 is amended to provide for the exclusion and reinstatement of grounds of appeal. |
| Part 39 | Rule 39.7 is amended to provide for the introduction of evidence in the Court of Appeal and for the questioning of a witness by an examiner on the court’s behalf, with consequential amendments to rules 39.3 and 39.6. Rule 39.11 is amended to complete the list of circumstances in which an appellant who is in custody has no right to attend proceedings in the Court of Appeal. |
| Part 47 | A new rule 47.39 is added to provide for the submission to the court of information not served on the other party to an application for the retention or return of property. Consequential amendments are made to the content and numbering of some other rules in the Part. |
| Part 50 | Amendments to twenty rules in the Part are made to provide for (i) a further objective in extradition proceedings, (ii) the conduct of some proceedings without a hearing in the magistrates’ court, (iii) proceedings in a defendant’s absence in the magistrates’ court, (iv) case management in the magistrates’ court, (v) the procedure on an application to appeal out of time to the High Court, (vi) the making of a consent order without a hearing in the High Court, (vii) the exclusion and reinstatement of grounds of appeal to the High Court, (viii) notices and consent orders that conclude proceedings in the High Court, (ix) proceedings on post-extradition requests for the court’s consent to prosecution for other offences in the requesting state or for extradition from that state to a third state, and (x) changes consequential on all those others and changes to make consistent the expression of rules and to omit superfluous instances of the word ‘written’. |
These Rules come into force on 3rd April 2017.
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