April 2018

THE CRIMINAL PROCEDURE RULES

THE CRIMINAL PRACTICE DIRECTIONS

October 2015 edition as amended April, October & November 2016

February, April, August, October & November 2017 and April, 2018

April 2018

CONTENT BOOKMARKS

Ctrl+Click on these links to move to that Part of the Criminal Procedure Rules or that Division of the Criminal Practice Directions. In the main Contents list, after this, there are links to individual rules. Part 1 The overriding objective Part 2 Understanding and applying the Rules Part 3 Case management Part 4 Service of documents Part 5 Forms and court records Part 6 Reporting, etc. restrictions Criminal Practice Directions I: General matters Part 7 Starting a prosecution in a magistrates court Part 8 Initial details of the prosecution case Part 9 Allocation and sending for trial Part 10 The indictment Part 11 Deferred prosecution agreements Part 12 Discontinuing a prosecution Criminal Practice Directions II: Preliminary proceedings Part 13 Warrants for arrest, detention or imprisonment Part 14 Bail and custody time limits Criminal Practice Directions III: Custody and bail Part 15 Disclosure Criminal Practice Directions IV: Disclosure Part 16 Written witness statements Part 17 Witness summonses, warrants and orders Part 18 Measures to assist a witness or defendant to give evidence Part 19 Expert evidence Part 20 Hearsay evidence Part 21 Evidence of bad character Part 22 Evidence of a complainants previous sexual behaviour Part 23 Restrictions on cross-examination by a defendant Criminal Practice Directions V: Evidence Part 24 Trial and sentence in a magistrates court Part 25 Trial and sentence in the Crown Court

April 2018

Part 26 Jurors Part 27 Retrial after acquittal Criminal Practice Directions VI: Trial Part 28 Sentencing procedures in special cases Part 29 Road traffic penalties Part 30 Enforcement of fines and other orders for payment Part 31 Behaviour orders Part 32 Breach, revocation and amendment of community and other orders Criminal Practice Directions VII: Sentencing Part 33 Confiscation and related proceedings Part 34 Appeal to the Crown Court Part 35 Appeal to the High Court by case stated Part 36 Appeal to the Court of Appeal: general rules Part 37 Appeal to the Court of Appeal against ruling at preparatory hearing Part 38 Appeal to the Court of Appeal against ruling adverse to prosecution Part 39 Appeal to the Court of Appeal about conviction or sentence Part 40 Appeal to the Court of Appeal about reporting or public access restriction Part 41 Reference to the Court of Appeal of point of law or unduly lenient sentencing Part 42 Appeal to the Court of Appeal in confiscation and related proceedings Part 43 Appeal or reference to the Supreme Court Part 44 Request to the European Court for a preliminary ruling Criminal Practice Directions IX: Appeal Part 45 Costs Criminal Practice Directions X: Costs Part 46 Representatives Part 47 Investigation orders and warrants Part 48 Contempt of court Part 49 International co-operation Part 50 Extradition Criminal Practice Directions XI: Other proceedings Criminal Practice Directions XII: General application Criminal Practice Directions XIII: Listing Glossary

April 2018

THE CRIMINAL PROCEDURE RULES

THE CRIMINAL PRACTICE DIRECTIONS

October 2015 edition as amended April, October & November 2016

February, April, August, October & November 2017 and April 2018

CONTENTS

General matters PART 1

THE OVERRIDING OBJECTIVE 1.1. The overriding objective 22 1.2. The duty of the participants in a criminal case 22 1.3. The application by the court of the overriding objective 22

PART 2 UNDERSTANDING AND APPLYING THE RULES

2.1. When the Rules apply 23 2.2. Definitions 24 2.3. References to legislation, including these Rules 24

PART 3 CASE MANAGEMENT

GENERAL RULES 3.1. When this Part applies 26 3.2. The duty of the court 27 3.3. The duty of the parties 29 3.4. Case progression officers and their duties 29 3.5. The courts case management powers 30 3.6. Application to vary a direction 31 3.7. Agreement to vary a time limit fixed by a direction 31 3.8. Courts power to vary requirements under this Part 32 3.9. Case preparation and progression 32 3.10. Readiness for trial or appeal 33 3.11. Conduct of a trial or an appeal 33 3.12. Duty of court officer 34

PREPARATION FOR TRIAL IN THE CROWN COURT 3.13. Pre-trial hearings in the Crown Court: general rules 34 3.14. Preparatory hearing 36 3.15. Application for preparatory hearing 37

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3.16. Application for non-jury trial containing information withheld from a defendant 37 3.17. Representations in response to application for preparatory hearing 38 3.18. Commencement of preparatory hearing 38 3.19. Defence trial advocate 38 3.20. Application to stay case for abuse of process 39 3.21. Application for joint or separate trials, etc. 39 3.22. Order for joint or separate trials, or amendment of the indictment 40 3.23. Application for indication of sentence 40 3.24. Arraigning the defendant on the indictment 41 3.25. Place of trial 42 3.26. Use of Welsh language at trial 42

PREPARATION FOR TRIAL IN A MAGISTRATES COURT 3.27. Pre-trial hearings in a magistrates court: general rules 43

PART 4 SERVICE OF DOCUMENTS

4.1. When this Part applies 46 4.2. Methods of service 46 4.3. Service by handing over a document 46 4.4. Service by leaving or posting a document 47 4.5. Service by document exchange 48 4.6. Service by electronic means 48 4.7. Documents that must be served by specified methods 49 4.8. Service by person in custody 49 4.9. Service by another method 49 4.10. Documents that may not be served on a legal representative 50 4.11. Date of service 50 4.12. Proof of service 51 4.13. Courts power to give directions about service 51

PART 5 FORMS AND COURT RECORDS

FORMS 5.1. Applications, etc. by forms or electronic means 52 5.2. Forms in Welsh 52 5.3. Signature of forms 53

COURT RECORDS 5.4. Duty to make records 53 5.5. Recording and transcription of proceedings in the Crown Court 55 5.6. Custody of case materials 55 5.7. Supply to a party of information or documents from records or case materials 56 5.8. Supply to the public, including reporters, of information about cases 57 5.9. Supply of written certificate or extract from records 59

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PART 6 REPORTING, ETC. RESTRICTIONS

GENERAL RULES 6.1. When this Part applies 61 6.2. Exercise of courts powers to which this Part applies 64 6.3. Courts power to vary requirements under this Part 65

REPORTING AND ACCESS RESTRICTIONS 6.4. Reporting and access restrictions 65 6.5. Varying or removing restrictions 66 6.6. Trial in private 67 6.7. Representations in response 68 6.8. Order about restriction or trial in private 68

SOUND RECORDING AND ELECTRONIC COMMUNICATION 6.9. Sound recording and electronic communication 68 6.10. Forfeiture of unauthorised sound recording 69

Criminal Practice Directions I: General matters 70

Preliminary proceedings PART 7

STARTING A PROSECUTION IN A MAGISTRATES COURT 7.1. When this Part applies 128 7.2. Application for summons, etc. 129 7.3. Allegation of offence in application for summons, etc. or charge 131 7.4. Summons, warrant and requisition 131

PART 8 INITIAL DETAILS OF THE PROSECUTION CASE

8.1. When this Part applies 133 8.2. Providing initial details of the prosecution case 133 8.3. Content of initial details 133 8.4. Use of initial details 133

PART 9 ALLOCATION AND SENDING FOR TRIAL

GENERAL RULES 9.1. When this Part applies 135 9.2. Exercise of magistrates courts powers 136 9.3. Matters to be specified on sending for trial 138 9.4. Duty of justices legal adviser 138 9.5. Duty of magistrates court officer 139

SENDING WITHOUT ALLOCATION FOR CROWN COURT TRIAL 9.6. Prosecutors notice requiring Crown Court trial 140 9.7. Sending for Crown Court trial 141

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ALLOCATION FOR MAGISTRATES COURT OR CROWN COURT TRIAL 9.8. Adult defendant: request for plea 142 9.9. Adult defendant: guilty plea 142 9.10. Adult defendant: not guilty plea 143 9.11. Adult defendant: allocation for magistrates court trial 144 9.12. Adult defendant: prosecutors application for Crown Court trial 145 9.13. Young defendant 146 9.14. Allocation and sending for Crown Court trial 147

CROWN COURT INITIAL PROCEDURE AFTER SENDING FOR TRIAL 9.15. Service of prosecution evidence 147 9.16. Application to dismiss offence sent for Crown Court trial 147

PART 10 THE INDICTMENT

10.1. When this Part applies 149 10.2. The indictment: general rules 151 10.3. Draft indictment generated electronically on sending for trial 152 10.4. Draft indictment served by the prosecutor after sending for trial 152 10.5. Draft indictment served by the prosecutor with a High Court judges permission 153 10.6. Draft indictment approved with deferred prosecution agreement 153 10.7. Draft indictment served by the prosecutor on re-instituting proceedings 153 10.8. Draft indictment served by the prosecutor at the direction of the Court of Appeal 153 10.9. Application to a High Court judge for permission to serve a draft indictment 153

PART 11 DEFERRED PROSECUTION AGREEMENTS

11.1. When this Part applies 155 11.2. Exercise of courts powers 155 11.3. Application to approve a proposal to enter an agreement 157 11.4. Application to approve the terms of an agreement 158 11.5. Application on breach of agreement 159 11.6. Application to approve a variation of the terms of an agreement 159 11.7. Application to lift suspension of prosecution 160 11.8. Notice to discontinue prosecution 160 11.9. Application to pos