BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Criminal Procedure (Amendment No. 2) Rules 2006 No. 2636 (L. 9)
URL: http://www.bailii.org/uk/legis/num_reg/2006/20062636.html

[New search] [Help]



STATUTORY INSTRUMENTS


2006 No. 2636 (L. 9)

SUPREME COURT OF ENGLAND AND WALES

MAGISTRATES' COURTS, ENGLAND AND WALES

The Criminal Procedure (Amendment No. 2) Rules 2006

  Made 3rd October 2006 
  Laid before Parliament 4th October 2006 
  Coming into force 6th November 2006 

The Criminal Procedure Rule Committee makes the following Rules under section 69 of the Courts Act 2003[1], after consulting in accordance with section 72(1)(a) of that Act:

Citation, commencement and interpretation
     1. These Rules may be cited as the Criminal Procedure (Amendment No. 2) Rules 2006 and shall come into force on 6th November 2006.

    
2. In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2005[2].

Amendments to the Criminal Procedure Rules 2005
     3. In rule 2.1 (When the Rules apply), at the end of paragraph (3), insert—

     4. In Part 4 (Service of documents)—

     5. In Part 7 (Commencing proceedings in magistrates' courts), in the table of contents—

     6. In rule 7.2(1) (Statement of offence), for the words from "information laid in" to "made by,", substitute "written charge issued by a public prosecutor and every information, summons or warrant laid in or issued by".

    
7. In the note after rule 7.2, for "Formerly", substitute "Section 1 of the Magistrates' Courts Act 1980 provides for the laying of an information in a magistrates' court. Section 29 of the Criminal Justice Act 2003 provides for the issue of a written charge and requisition by a public prosecutor. These rules derive in part from".

    
8. In the heading to rule 7.3 (Information to be for one offence only), after "Information", insert "or written charge".

    
9. In rule 7.3—

     10. In the heading to rule 7.7 (Form of summons), after "summons", insert "or requisition".

    
11. In rule 7.7—

     12. In the note after rule 7.7, after "summons", insert "or a requisition".

    
13. In Part 15 (Preparatory hearings in cases of serious fraud and other complex or lengthy cases in the Crown Court)—

     14. In rule 24.1(1)(i) (Requirement to disclose expert evidence)—

     15. In the note after rule 24.1 (Requirement to disclose expert evidence), at the end, insert "Part 33 contains rules about the duties of an expert and the content of an expert's report.".

    
16. In the note after rule 29.3 (Late applications), at the end, insert "An application to make or vary a special measures direction also may be made in the time allowed under rule 36.6.".

    
17. In rule 29.8(a) (Expert evidence in connection with special measures directions)—

     18. In the note after rule 29.8, at the end, insert "Part 33 contains rules about the duties of an expert and the content of an expert's report.".

    
19. For Part 33 (Expert evidence), substitute the Part as set out in Schedule 1 to these Rules.

    
20. For Part 36 (Evidence about a complainant's sexual behaviour), substitute the Part as set out in Schedule 2 to these Rules.

    
21. In the heading to Part 68, for "or sentence", substitute ", sentence or sentence review decision".

    
22. In rule 68.3 (Notice of appeal and application for extension of time)—

     23. In rule 68.5 (Exercise of court's powers to give leave to appeal, etc: general rules)—

     24. In rule 68.6 (Further applications to a judge or to the court: additional rules)—

     25. In rule 68.8 (Bail with condition of surety)—

     26. In rule 68.9(1) (Forfeiture of recognizances in respect of person bailed to appear), after "appellant", insert "or, in an appeal brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, in respect of an offender,".

    
27. In rule 68.11 (Supply of documentary and other exhibits), for "The Registrar", wherever those words occur, substitute "Unless the court otherwise directs, the Registrar".

    
28. In rule 68.13(1) (Transcripts)—

     29. In rule 68.15(1) (Application for a witness order and for evidence to be received), after "appellant", insert ", or, in an appeal brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, by the appellant or the offender".

    
30. In rule 68.17(2)(a) (Vulnerable witness giving video recorded testimony), after "appellant", insert "or, in an appeal brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, the name of the offender,".

    
31. In rule 68.21(a) (Procedure for the admission of evidence of bad character), for "appellant,", substitute "appellant or, where the appeal is brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, as a reference to an offender".

    
32. In rule 68.22 (Abandonment of proceedings)—

     33. In rule 68.23(1) (The Registrar), for "court of trial", substitute "Crown Court".

    
34. In rule 68.29 (Notice of determination of court)—

     35. In rule 68.30(1) (Enforcement of fines), after "appellant,", insert "or, in an appeal brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, on the offender,".


Phillips of Worth Matravers,
C.J.

Sir Igor Judge

Openshaw,
J.

Charles Wide

Roderick Denyer

Anthony Evans

Brenda Large

Kenneth Macdonald

Andrew Mimmack

David Fisher

Tom Little

Graham White

Martin Baker

Mark Harris

James Riches


I allow these Rules, which shall come into force on 6th November, 2006.


Falconer of Thoroton,
C.

31st July 2006



I concur


John Reid
One of Her Majesty's Principal Secretaries of State

3rd October 2006



SCHEDULE 1
Rule 19



SCHEDULE 2
Rule 20



EXPLANATORY NOTE

(This note is not part of the Order)


These Rules add the following new provisions to the Criminal Procedure Rules 2005 ("the Rules"):

    — A new Part 33 (expert evidence), in substitution for the existing Part 33, which sets out the duty of an expert to the court and the content of an expert's report. It allows the court to direct that defence evidence will be given by a single joint expert.

    — A new Part 36 (evidence about a complainant's sexual behaviour), in substitution for the existing Part 36, which revises and simplifies the rules about applications under section 41 of the Youth Justice and Criminal Evidence Act 1999.

    — A new rule 2.1 (when the Rules apply) explains when the new expert evidence rules in Part 33 will apply.

In addition, the following amendments are made:

    — Part 4 (service of documents) is extended to govern the service of a requisition issued by a public prosecutor under section 29 of the Criminal Justice Act 2003.

    — Part 7 (commencing proceedings in magistrates' courts) is extended to govern the form and content of a requisition and written charge issued by a public prosecutor under section 29 of the Criminal Justice Act 2003. The amended Rules require that a summons or requisition must state the name of the justice or public prosecutor responsible for issuing it.

    — Part 15 (preparatory hearings in cases of serious fraud and other complex or lengthy cases in the Crown Court) is extended to govern applications under section 17 of the Domestic Violence, Crime and Victims Act 2004 for trial of some of the counts in an indictment without a jury.

    — Part 68 (appeal to the Court of Appeal against conviction or sentence) is extended to govern the procedure on an appeal to the Court of Appeal under section 74(8) of the Serious Organised Crime and Police Act 2005 against a sentence review decision.

    — Rule 24.1 (requirement to disclose expert evidence) is amended to require that an expert whose findings are disclosed under the rule is made aware of that disclosure, which is relevant to the expert's duty to the court under Part 33. The amended rule requires service on the court of a statement provided to another party under that rule.

    — Rule 29.8 (expert evidence in connection with special measures directions) is amended to require that an expert whose findings are disclosed under the rule is made aware of that disclosure, which is relevant to the expert's duty to the court under Part 33. The amended rule requires service on the court of a statement provided to another party under that rule.


Notes:

[1] 2003 c. 39.back

[2] S.I. 2005/384; amended by S.I. 2006/353.back

[3] 1980 c. 43.back

[4] 1980 c. 43; section 1 was amended by section 331 of, and paragraphs 7 and 8 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44). Section 1(1) was substituted by section 43(1) of the Courts Act 2003 (c. 39).back

[5] 2003 c. 44; section 29 will take effect from a date to be appointed. Section 29(5)(ca) was inserted by section 50(6) of, and paragraph 130 of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 (c. 11). Section 29(5)(cb) was inserted by section 59 of, and paragraph 196 of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15).back

[6] 2003 c. 44; sections 43 and 44 will take effect from a date to be appointed.back

[7] 2004 c. 28; section 17 will take effect from a date to be appointed.back

[8] 2005 c. 15.back

[9] S.I. 2006/2135.back

[10] 1988 c. 33; section 30(4A) was inserted by section 47 of, and paragraph 32 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996 (c. 25) and is repealed by section 41 to, and paragraph 60(1) and (6) of Schedule 3 and Schedule 37 to, the Criminal Justice Act 2003, with effect from a date to be appointed.back

[11] 1964 c. 84; section 4 was amended by section 2 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25) and section 22(1),(2) and (3) of the Domestic Violence, Crime and Victims Act 2004 (c. 28).back

[12] 2000 c. 6.back

[13] 1983 c. 20.back

[14] 2003 c. 44.back

[15] 1967 c. 80; section 9 is amended by section 72(3) of, and paragraph 55 of Schedule 5 to, the Children and Young Persons Act 1969 (c. 54) and sections 41 and 332 of, and paragraph 43(1) and (2) of Schedule 3 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed.back

[16] 1980 c. 43; section 5B was inserted by section 47 of, and paragraph 3 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996 (c. 25) and is amended by section 72(3) of, and paragraph 55 of Schedule 5 to, the Children and Young Persons Act 1969 (c. 54), with effect from a date to be appointed. It is repealed by sections 41 and 332 of, and paragraph 51(1) and (3) of Schedule 3 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.back

[17] 1967 c. 80.back

[18] 2003 c. 44; section 127 was amended by article 3 of, and paragraphs 45 and 50 of the Schedule to, S.I. 2004/2035.back

[19] 1987 c. 38; section 7 was amended by section 168(1) of, and paragraph 30 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33) and section 310(1) of the Criminal Justice Act 2003 (c. 44) and is further amended by sections 45 and 331 of, and paragraphs 52 and 53 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed. Section 7(3),(4) and (5) was repealed by sections 72 and 80 of, and paragraph 2 of Schedule 3 and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25).back

[20] 1996 c. 25; section 31 is amended by sections 310(5), 331 and 332 of, and paragraphs 20, 36, 65 and 67 of Schedule 36 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed.back

[21] 2003 c. 39.back

[22] S.I. 1982/1109; amended by S.I. 2000/2987; there are other amending instruments, but none is relevant.back

[23] 1999 c. 23.back

[24] Section 42(3)(c) was amended by section 41 of, and paragraph 73(1) and (3)(b) of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). Section 42(3)(a) and (b) is repealed by section 41 of, and paragraph 73(1) and (3)(a) of Schedule 3 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.back

[25] Section 43(3) was amended by section 109(1) of, and paragraph 384(g) of Schedule 8 to, the Courts Act 2003 (c. 39).back

[26] 1996 c. 25; section 3 was amended by section 82(1) of, and paragraph 7(1) of Schedule 4 to, the Regulation of Investigatory Powers Act 2000 (c. 23) and sections 32 and 331 of, and paragraphs 20 and 21 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).back

[27] 1987 c. 38; section 7 was amended by section 168(1) of, and paragraph 30 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33) and section 310(1) of the Criminal Justice Act 2003 (c. 44) and is further amended by sections 45 and 331 of, and paragraphs 52 and 53 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed. Section 7(3),(4) and (5) was repealed by sections 72 and 80 of, and paragraph 2 of Schedule 3 and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25).back

[28] 1996 c. 25; section 31 is amended by sections 310(5), 331 and 332 of, and paragraphs 20, 36, 65 and 67 of Schedule 36 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from dates to be appointed.back

[29] 2003 c. 39.back

[30] Section 20(6) is amended by paragraph 384(a) of Schedule 8 to the Courts Act 2003 (c. 39).back



ISBN 0 11 075153 1


 © Crown copyright 2006

Prepared 11 October 2006


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2006/20062636.html