The Criminal Procedure Rules

The Criminal Practice Directions 2014

Contents list of rules and practice directions

Parts

General matters 1. The overriding objective 2. Understanding and applying the Rules 3. Case management 4. Service of documents 5. Forms and court records

Criminal Practice Directions I: General matters

Preliminary proceedings 6. Investigation orders and warrants 7. Starting a prosecution in a magistrates court 8. Discontinuing a prosecution 9. Allocation and sending for trial

10. Initial details of the prosecution case 11. [empty] 12. Deferred prosecution agreements 13. [empty] 14. The indictment 15. [empty] 16. Reporting, etc. restrictions 17. Extradition

Criminal Practice Directions II: Preliminary proceedings

Custody and bail 18. Warrants for arrest, detention or imprisonment 19. Bail and custody time limits 20. [empty]

Criminal Practice Directions III: Custody and bail

Disclosure 21. [empty] 22. Disclosure 23. [empty] 24. [empty] 25. [empty] 26. [empty]

Criminal Practice Directions IV: Disclosure

Evidence 27. Witness statements 28. Witness summonses, warrants and orders 29. Measures to assist a witness or defendant to give evidence 30. [empty]

Criminal Procedure Rules and Practice Directions in force 6th October 2014

31. Restriction on cross-examination by a defendant acting in person 32. International co-operation 33. Expert evidence 34. Hearsay evidence 35. Evidence of bad character 36. Evidence of a complainants previous sexual behaviour

Criminal Practice Directions V: Evidence

Trial 37. Trial and sentence in a magistrates court 38. Trial and sentence in the Crown Court 39. Jurors 40. Tainted acquittals 41. Retrial following acquittal for serious offence

Criminal Practice Directions VI: Trial

Sentencing 42. Sentencing procedures in special cases 43. [empty] 44. Breach, revocation and amendment of community and other orders 45. [empty] 46. [empty] 47. [empty] 48. [empty] 49. [empty] 50. Civil behaviour orders after verdict or finding 51. [empty] 52. Enforcement of fines and other orders for payment 53. [empty] 54. [empty] 55. Road traffic penalties

Criminal Practice Directions VII: Sentencing

Confiscation and related proceedings 56. Confiscation proceedings under the Criminal Justice Act 1988

and the Drug Trafficking Act 1994

57. Proceeds of Crime Act 2002: rules applicable to all proceedings 58. Proceeds of Crime Act 2002: rules applicable only to confiscation proceedings 59. Proceeds of Crime Act 2002: rules applicable only to restraint proceedings 60. Proceeds of Crime Act 2002: rules applicable only to receivership proceedings 61. Proceeds of Crime Act 2002: rules applicable to restraint

and receivership proceedings

Criminal Practice Directions VIII: Confiscation and related proceedings [empty]

Contempt of court 62. Contempt of court

Criminal Practice Directions IX: Contempt of court

Appeal 63. Appeal to the Crown Court 64. Appeal to the High Court by case stated 65. Appeal to the Court of Appeal: general rules 66. Appeal to the Court of Appeal against ruling at preparatory hearing 67. Appeal to the Court of Appeal against ruling adverse to prosecution 68. Appeal to the Court of Appeal about conviction or sentence 69. Appeal to the Court of Appeal regarding reporting or public access restriction 70. Reference to the Court of Appeal of point of law or unduly lenient sentencing 71. Appeal to the Court of Appeal under the Proceeds of Crime Act 2002: general

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Criminal Procedure Rules and Practice Directions in force 6th October 2014

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rules 72. Appeal to the Court of Appeal under the Proceeds of Crime Act 2002:

prosecutors appeal regarding confiscation

73. Appeal to the Court of Appeal under the Proceeds of Crime Act 2002: restraint or receivership orders

74. Appeal or reference to the Supreme Court 75. Request to the European Court for a preliminary ruling

Criminal Practice Directions X: Appeal

Costs 76. Costs Criminal Practice Directions XI: Criminal Costs Practice Direction Criminal Practice Directions XII: General application Criminal Practice Directions XIII: Listing

The Criminal Procedure Rules Part 1 as in force on 6 October 2014

PART 1: THE OVERRIDING OBJECTIVE Contents of this Part The overriding objective rule 1.1 The duty of the participants in a criminal case rule 1.2 The application by the court of the overriding objective rule 1.3

The overriding objective

1.1.(1) The overriding objective of this new code is that criminal cases be dealt with justly. (2) Dealing with a criminal case justly includes

(a) acquitting the innocent and convicting the guilty; (b) dealing with the prosecution and the defence fairly; (c) recognising the rights of a defendant, particularly those under Article 6 of the European

Convention on Human Rights; (d) respecting the interests of witnesses, victims and jurors and keeping them informed of the

progress of the case; (e) dealing with the case efficiently and expeditiously; (f) ensuring that appropriate information is available to the court when bail and sentence are

considered; and (g) dealing with the case in ways that take into account

(i) the gravity of the offence alleged, (ii) the complexity of what is in issue,

(iii) the severity of the consequences for the defendant and others affected, and (iv) the needs of other cases.

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.

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The Criminal Procedure Rules Part 2 as in force on 6 October 2014

PART 2: UNDERSTANDING AND APPLYING THE RULES Contents of this Part When the Rules apply rule 2.1 Definitions rule 2.2 References to Acts of Parliament and to Statutory Instruments rule 2.3 Representatives rule 2.4

When the Rules apply

2.1.(1) In general, Criminal Procedure Rules apply (a) in all criminal cases in magistrates courts and in the Crown Court; (b) in extradition cases in the High Court; and (c) in all cases in the criminal division of the Court of Appeal.

(2) If a rule applies only in one or some of those courts, the rule makes that clear. (3) These Rules apply on and after 6th October, 2014, but

(a) unless the court otherwise directs, they do not affect a right or duty existing under the Criminal Procedure Rules 2013(a); and

(b) unless the High Court otherwise directs, Section 3 of Part 17 (Extradition appeal to the High Court) does not apply to a case in which notice of an appeal was given before that date.

(4) In a case in which a request for extradition was received by a relevant authority in the United Kingdom on or before 31st December, 2003

(a) the rules in Part 17 (Extradition) do not apply; and (b) the rules in Part 17 of the Criminal Procedure Rules 2012(b) continue to apply as if those

rules had not been revoked.

[Note. The rules replaced by the first Criminal Procedure Rules (the Criminal Procedure Rules 2005(c)) were revoked when those Rules came into force by provisions of the Courts Act 2003, the Courts Act 2003 (Consequential Amendments) Order 2004(d) and the Courts Act 2003 (Commencement No. 6 and Savings) Order 2004(e). The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.

The rules in Part 17 of the Criminal Procedure Rules 2012 applied to extradition proceedings under the Backing of Warrants (Republic of Ireland) Act 1965(f) or under the Extradition Act 1989(g). By section 218 of the Extradition Act 2003, the 1965 and 1989 Acts ceased to have effect when the 2003 Act came into force. By article 2 of the Extradition Act 2003 (Commencement and Savings) Order 2003(h), the 2003 Act came into force on 1st January, 2004. However, article 3 of that Order(i) provided that the coming into force of the Act did not apply for the purposes of any request for extradition, whether made under any of the provisions of the Extradition Act 1989 or

(a) S.I. 201/1554; amended by S.I. 2013/2525, 2013/3183. (b) S.I. 2012/1726; amended by S.I. 2012/3089. (c) S.I. 2005/384; amended by S.I. 2006/353, 2006/2636, 2007/699, 2007/2317, 2007/3662, 2008/2076, 2008/3269 and

2009/2087. (d) S.I. 2004/2035. (e) S.I. 2004/2066. (f) 1965 c. 45; the Act was repealed by section 218(a) of, and Schedule 4 to, the Extradition Act 2003 (c. 41). (g) 1989 c. 33; the Act was repealed by sectio