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 postpone the publication of information by the prosecutor 160 11.10. Duty of court officer, etc. 161 11.11. Courts power to vary requirements under this Part 161

PART 12 DISCONTINUING A PROSECUTION

12.1. When this Part applies 163 12.2. Discontinuing a case 164 12.3. Defendants notice to continue 164

Criminal Practice Directions II: Preliminary proceedings 165

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Custody and bail PART 13

WARRANTS FOR ARREST, DETENTION OR IMPRISONMENT 13.1. When this Part applies 173 13.2. Terms of a warrant for arrest 173 13.3. Terms of a warrant for detention or imprisonment 174 13.4. Information to be included in a warrant 175 13.5. Execution of a warrant 176 13.6. Warrants that cease to have effect on payment 177 13.7. Warrant issued when the court office is closed 178

PART 14 BAIL AND CUSTODY TIME LIMITS

GENERAL RULES 14.1. When this Part applies 179 14.2. Exercise of courts powers: general 180 14.3. Duty of justices legal adviser 182 14.4. General duties of court officer 182

BAIL 14.5. Prosecutors representations about bail 183 14.6. Reconsideration of police bail by magistrates court 184 14.7. Notice of application to consider bail 185 14.8. Defendants application or appeal to the Crown Court after magistrates court bail

decision 187 14.9. Prosecutors appeal against grant of bail 189 14.10. Consideration of bail in a murder case 190 14.11. Condition of residence 190 14.12. Electronic monitoring requirements 190 14.13. Accommodation or support requirements 191 14.14. Requirement for a surety or payment, etc. 192 14.15. Forfeiture of a recognizance given by a surety 192 14.16. Bail condition to be enforced in another European Union member State 193 14.17. Enforcement of measure imposed in another European Union member State 194

CUSTODY TIME LIMITS 14.18. Application to extend a custody time limit 195 14.19. Appeal against custody time limit decision 196

EXTENSION OF BAIL BEFORE CHARGE 14.20. Exercise of courts powers: extension of pre-charge bail 197 14.21. Application to authorise extension of pre-charge bail 199 14.22. Application to withhold information from the defendant 200

Criminal Practice Directions III: Custody and bail 207

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Disclosure PART 15

DISCLOSURE 15.1. When this Part applies 216 15.2. Prosecution disclosure 216 15.3. Prosecutors application for public interest ruling 216 15.4. Defence disclosure 218 15.5. Defendants application for prosecution disclosure 218 15.6. Review of public interest ruling 219 15.7. Defendants application to use disclosed material 220 15.8. Unauthorised use of disclosed material 220 15.9. Courts power to vary requirements under this Part 221

Criminal Practice Directions IV: Disclosure 225

Evidence PART 16

WRITTEN WITNESS STATEMENTS 16.1. When this Part applies 226 16.2. Content of written witness statement 226 16.3. Reference to exhibit 226 16.4. Written witness statement in evidence 227

PART 17 WITNESS SUMMONSES, WARRANTS AND ORDERS

17.1. When this Part applies 229 17.2. Issue etc. of summons, warrant or order with or without a hearing 230 17.3. Application for summons, warrant or order: general rules 230 17.4. Written application: form and service 230 17.5. Application for summons to produce a document, etc.: special rules 231 17.6. Application for summons to produce a document, etc.: courts assessment of

relevance and confidentiality 231 17.7. Application to withdraw a summons, warrant or order 232 17.8. Courts power to vary requirements under this Part 232

PART 18 MEASURES TO ASSIST A WITNESS OR DEFENDANT TO GIVE EVIDENCE

GENERAL RULES 18.1. When this Part applies 234 18.2. Meaning of witness 235 18.3. Making an application for a direction or order 236 18.4. Decisions and reasons 236 18.5. Courts power to vary requirements under this Part 236 18.6. Custody of documents 237 18.7. Declaration by intermediary 237

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SPECIAL MEASURES DIRECTIONS 18.8. Exercise of courts powers 237 18.9. Special measures direction for a young witness 237 18.10. Content of application for a special measures direction 238 18.11. Application to vary or discharge a special measures direction 239 18.12. Application containing information withheld from another party 239 18.13. Representations in response 240

DEFENDANTS EVIDENCE DIRECTIONS 18.14. Exercise of courts powers 241 18.15. Content of application for a defendants evidence direction 241 18.16. Application to vary or discharge a defendants evidence direction 241 18.17. Representations in response 241

WITNESS ANONYMITY ORDERS 18.18. Exercise of courts powers 242 18.19. Content and conduct of application for a witness anonymity order 242 18.20. Duty of court officer to notify the Director of Public Prosecutions 243 18.21. Application to vary or discharge a witness anonymity order 243 18.22. Representations in response 244

LIVE LINK DIRECTIONS 18.23. Exercise of courts powers 245 18.24. Content of application for a live link direction 245 18.25. Application to discharge a live link direction, etc. 246 18.26. Representations in response 246

PART 19 EXPERT EVIDENCE

19.1. When this Part applies 250 19.2. Experts duty to the court 250 19.3. Introduction of expert evidence 251 19.4. Content of experts report 252 19.5. Expert to be informed of service of report 253 19.6. Pre-hearing discussion of expert evidence 253 19.7. Courts power to direct that evidence is to be given by a single joint expert 253 19.8. Instructions to a single joint expert 253 19.9. Courts power to vary requirements under this Part 254

PART 20 HEARSAY EVIDENCE

20.1. When this Part applies 255 20.2. Notice to introduce hearsay evidence 255 20.3. Opposing the introduction of hearsay evidence 256 20.4. Unopposed hearsay evidence 257 20.5. Courts power to vary requirements under this Part 258

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PART 21 EVIDENCE OF BAD CHARACTER

21.1. When this Part applies 259 21.2. Content of application or notice 260 21.3. Application to introduce evidence of a non-defendants bad character 260 21.4. Notice to introduce evidence of a defendants bad character 261 21.5. Reasons for decisions 262 21.6. Courts power to vary requirements under this Part 263

PART 22 EVIDENCE OF A COMPLAINANTS PREVIOUS SEXUAL BEHAVIOUR

22.1. When this Part applies 264 22.2. Exercise of courts powers 264 22.3. Decisions and reasons 265 22.4. Application for permission to introduce evidence or cross-examine 266 22.5. Application containing information withheld from another party 266 22.6. Representations in response 267 22.7. Special measures, etc. for a witness 267 22.8. Courts power to vary requirements under this Part 267

PART 23 RESTRICTION ON CROSS-EXAMINATION BY A DEFENDANT

GENERAL RULES 23.1. When this Part applies 268 23.2. Appointment of advocate to cross-examine witness 269

APPLICATION TO PROHIBIT CROSS-EXAMINATION 23.3. Exercise of courts powers 271 23.4. Application to prohibit cross-examination 271 23.5. Application to discharge prohibition imposed by the court 272 23.6. Application containing information withheld from another party 272 23.7. Representations in response 273 23.8. Courts power to vary requirements 273

Criminal Practice Directions V: Evidence 275

Trial PART 24

TRIAL AND SENTENCE IN A MAGISTRATES COURT 24.1. When this Part applies 317 24.2. General rules 319 24.3. Procedure on plea of not guilty 320 24.4. Evidence of a witness in person 322 24.5. Evidence of a witness in writing 324 24.6. Evidence by admission 324 24.7. Procedure on plea of guilty 324 24.8. Written guilty plea: special rules 324

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24.9. Single justice procedure: special rules 326 24.10. Application to withdraw a guilty plea 329 24.11. Procedure if the court convicts 329 24.12. Procedure where a party is absent 333 24.13. Provision of documents for the court 334 24.14. Place of trial 335 24.15. Duty of justices legal adviser 335 24.16. Duty of court officer 337 24.17. Statutory declaration of ignorance of proceedings 338 24.18. Setting aside a conviction or varying a costs etc. order 339

PART 25 TRIAL AND SENTENCE IN THE CROWN COURT

25.1. When this Part applies 341 25.2. General powers and requirements 342 25.3. Application for ruling on procedure, evidence or other question of law 343 25.4. Procedure on plea of guilty 343 25.5. Application to vacate a guilty plea 343 25.6. Selecting the jury 344 25.7. Discharging jurors 345 25.8. Objecting to jurors 346 25.9. Procedure on plea of not guilty 346 25.10. Defendant unfit to plead 348 25.11. Evidence of a witness in person 349 25.12. Evidence of a witness in writing 351 25.13. Evidence by admission 351 25.14. Directions to the jury and taking the verdict 352 25.15. Conviction or acquittal without a jury 353 25.16. Procedure if the court convicts 353 25.17. Provision of documents for the court 356 25.18. Duty of court officer 356

PART 26 JURORS

26.1. Appeal against officers refusal to excuse or postpone jury service 358 26.2. Excusal from jury service by court 359 26.3. Provision of information for jurors 359 26.4. Assessment of jurors availability for long trial, etc. 359 26.5. Surrender of electronic communication devices by jurors 360

PART 27 RETRIAL AFTER ACQUITTAL

GENERAL 27.1. When this Part applies 361

APPLICATION FOR CERTIFICATE TO ALLOW ORDER FOR RETRIAL 27.2. Application for certificate 361

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APPLICATION TO COURT OF APPEAL TO QUASH ACQUITTAL AND ORDER RETRIAL 27.3. Application for reporting restriction pending application for order for retrial 362 27.4. Application for order for retrial 363 27.5. Respondents notice 364 27.6. Application to Crown Court for summons or warrant 365 27.7. Application of other rules about procedure in the Court of Appeal 366

Criminal Practice Directions VI: Trial 367

Sentencing PART 28

SENTENCING PROCEDURES IN SPECIAL CASES 28.1. Reasons for not following usual sentencing requirements 398 28.2. Notice of requirements of suspended sentence and community, etc. orders 399 28.3. Notification requirements 401 28.4. Variation of sentence 401 28.5. Application to vary or discharge a compensation, etc. order 402 28.6. Application to remove, revoke or suspend a disqualification or restriction 403 28.7. Application for a restitution order by the victim of a theft 404 28.8. Requests for medical reports, etc. 404 28.9. Information to be supplied on admission to hospital or guardianship 406 28.10. Information to be supplied on committal for sentence, etc. 406 28.11. Application to review sentence because of assistance given or withheld 408

PART 29 ROAD TRAFFIC PENALTIES

29.1. Representations about obligatory disqualification or endorsement 410 29.2. Application to remove a disqualification from driving 412 29.3. Information to be supplied on order for endorsement of driving record, etc. 412 29.4. Statutory declaration to avoid fine after fixed penalty notice 413 29.5. Application for declaration about a course or programme certificate decision 414 29.6. Appeal against recognition of foreign driving disqualification 415

PART 30 ENFORCEMENT OF FINES AND OTHER ORDERS FOR PAYMENT

30.1. When this Part applies 417 30.2. Exercise of courts powers 418 30.3. Duty to give receipt 418 30.4. Appeal against decision of fines officer 419 30.5. Application to reduce a fine, vary payment terms or remit a courts charge 419 30.6. Claim to avoid fine after penalty notice 420 30.7. Information to be included in a warrant of control 421 30.8. Warrant of control: application by enforcement agent for extension of time, etc. 421 30.9. Warrant of control: application to resolve dispute 422 30.10. Financial penalties imposed in other European Union member States 423

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PART 31 BEHAVIOUR ORDERS

31.1. When this Part applies 425 31.2. Behaviour orders: general rules 427 31.3. Application for behaviour order and notice of terms of proposed order: special

rules 427 31.4. Evidence to assist the court: special rules 429 31.5. Application to vary or revoke behaviour order 429 31.6. Notice of hearsay evidence 430 31.7. Cross-examination of maker of hearsay statement 431 31.8. Credibility and consistency of maker of hearsay statement 431 31.9. European protection order to be given effect in another EU member State 432 31.10. Giving effect to a European protection order made in another EU member State 433 31.11. Courts power to vary requirements under this Part 434

PART 32 BREACH, REVOCATION AND AMENDMENT OF COMMUNITY AND OTHER

ORDERS 32.1. When this Part applies 436 32.2. Application by responsible officer or supervisor 437 32.3. Application by defendant or person affected 437 32.4. Procedure on application by responsible officer or supervisor 438

Criminal Practice Directions VII: Sentencing 439

Confiscation and related proceedings PART 33

CONFISCATION AND RELATED PROCEEDINGS GENERAL RULES

33.1. Interpretation 470 33.2. Calculation of time 470 33.3. Court office closed 470 33.4. Application for registration of Scottish or Northern Ireland order 470 33.5. Application to vary or set aside registration 471 33.6. Register of orders 471 33.7. Statements of truth 471 33.8. Use of witness statements for other purposes 472 33.9. Service of documents 472 33.10. Service outside the jurisdiction 472 33.11. Certificates of service 472 33.12. External requests and orders 472

CONFISCATION PROCEEDINGS 33.13. Statements in connection with confiscation orders 473 33.14. Application for compliance order 475 33.15. Application for reconsideration 476 33.16. Application for new calculation of available amount 477 33.17. Variation of confiscation order due to inadequacy of available amount 478

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33.18. Application by magistrates court officer to discharge confiscation order 478 33.19. Application for variation of confiscation order made against an absconder 479 33.20. Application for discharge of confiscation order made against an absconder 479 33.21. Application for increase in term of imprisonment in default 480 33.22. Compensation general 481 33.23. Compensation confiscation order made against absconder 481 33.24. Payment of money held or detained in satisfaction of confiscation order 481 33.25. Application to realise seized property 482 33.26. Appeal about decision on application to realise seized property 483 33.27. Application for direction about surplus proceeds 484

SEIZURE AND DETENTION PROCEEDINGS 33.28. Application for approval to seize property or to search 485 33.29. Application to extend detention period 486 33.30. Application to vary or discharge order for extended detention 487 33.31. Appeal about property detention decision 488

RESTRAINT AND RECEIVERSHIP PROCEEDINGS: RULES THAT APPLY GENERALLY 33.32. Taking control of goods and forfeiture 488 33.33. Joining of applications 489 33.34. Applications to be dealt with in writing 489 33.35. Business in chambers 489 33.36. Power of court to control evidence 489 33.37. Evidence of witnesses 489 33.38. Witness summons 489 33.39. Hearsay evidence 490 33.40. Disclosure and inspection of documents 490 33.41. Court documents 490 33.42. Consent orders 490 33.43. Slips and omissions 490 33.44. Supply of documents from court records 491 33.45. Disclosure of documents in criminal proceedings 491 33.46. Preparation of documents 491 33.47. Order for costs 491 33.48. Assessment of costs 492 33.49. Time for complying with an order for costs 493 33.50. Application of costs rules 493

RESTRAINT PROCEEDINGS 33.51. Application for restraint order or ancillary order 493 33.52. Restraint and ancillary orders 494 33.53. Application for discharge or variation of restraint or ancillary order by a person

affected by the order 494 33.54. Application for variation of restraint or ancillary order by the person who applied

for the order 495 33.55. Application for discharge of restraint or ancillary order by the person who applied

for the order 495

RECEIVERSHIP PROCEEDINGS 33.56. Application for appointment of a management or an enforcement receiver 496

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33.57. Application for conferral of powers on a management receiver or an enforcement receiver 497

33.58. Applications for discharge or variation of receivership orders, and applications for other orders 498

33.59. Sums in the hands of receivers 498 33.60. Security 499 33.61. Remuneration 499 33.62. Accounts 500 33.63. Non-compliance by receiver 500 PROCEEDINGS UNDER THE CRIMINAL JUSTICE ACT 1988 AND THE DRUG TRAFFICKING ACT 1994 33.64. Statements, etc. relevant to making confiscation orders 500 33.65. Postponed determinations 501 33.66. Confiscation orders - revised assessments 502 33.67. Application to the Crown Court to discharge or vary order to make material

available 502 33.68. Application to the Crown Court for increase in term of imprisonment in default of

payment 502 33.69. Drug trafficking compensation on acquittal in the Crown Court 503

CONTEMPT PROCEEDINGS 33.70. Application to punish for contempt of court 503

[There are no Criminal Practice Directions applicable to Confiscation and related proceedings.]

Appeal PART 34

APPEAL TO THE CROWN COURT 34.1. When this Part applies 504 34.2. Service of appeal notice 506 34.3. Form of appeal notice 507 34.4. Duty of magistrates court officer 507 34.5. Duty of person keeping exhibit 508 34.6. Reference by the Criminal Cases Review Commission 508 34.7. Application to introduce further evidence or for ruling on procedure, evidence or

other question of law 508 34.8. Hearings and decisions 509 34.9. Abandoning an appeal 509 34.10. Courts power to vary requirements under this Part 510 34.11. Constitution of the Crown Court 510

PART 35 APPEAL TO THE HIGH COURT BY CASE STATED

35.1. When this Part applies 512 35.2. Application to state a case 512 35.3. Preparation of case stated 513 35.4. Duty of justices legal adviser 514 35.5. Courts power to vary requirements under this Part 515

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PART 36

APPEAL TO THE COURT OF APPEAL: GENERAL RULES 36.1. When this Part applies 516 36.2. Case management in the Court of Appeal 517 36.3. Power to vary requirements 517 36.4. Application for extension of time 518 36.5. Renewing an application refused by a judge or the Registrar 518 36.6. Hearings 518 36.7. Notice of hearings and decisions 519 36.8. Duty of Crown Court officer 520 36.9. Duty of person transcribing proceedings in the Crown Court 520 36.10. Duty of person keeping exhibit 521 36.11. Registrars duty to provide copy documents for appeal or reference 521 36.12. Declaration of incompatibility with a Convention right 521 36.13. Abandoning an appeal 522 36.14. Grounds of appeal and opposition 522 36.15. Reopening the determination of an appeal 523

PART 37 APPEAL TO THE COURT OF APPEAL AGAINST RULING AT PREPARATORY

HEARING 37.1. When this Part applies 525 37.2. Service of appeal notice 525 37.3. Form of appeal notice 526 37.4. Crown Court judges permission to appeal 526 37.5. Respondents notice 527 37.6. Powers of Court of Appeal judge 527 37.7. Renewing applications 528 37.8. Right to attend hearing 528

PART 38 APPEAL TO THE COURT OF APPEAL AGAINST RULING ADVERSE TO

PROSECUTION 38.1. When this Part applies 529 38.2. Decision to appeal 529 38.3. Service of appeal notice 530 38.4. Form of appeal notice 530 38.5. Crown Court judges permission to appeal 531 38.6. Expediting an appeal 531 38.7. Respondents notice 531 38.8. Public interest ruling 532 38.9. Powers of Court of Appeal judge 532 38.10. Renewing applications 533 38.11. Right to attend hearing 533

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PART 39 APPEAL TO THE COURT OF APPEAL ABOUT CONVICTION OR SENTENCE

39.1. When this Part applies 534 39.2. Service of appeal notice 536 39.3. Form of appeal notice 537 39.4. Crown Court judges certificate that case is fit for appeal 538 39.5. Reference by Criminal Cases Review Commission 539 39.6. Respondents notice 539 39.7. Introducing evidence 540 39.8. Application for bail pending appeal or retrial 541 39.9. Conditions of bail pending appeal or retrial 542 39.10. Forfeiture of a recognizance given as a condition of bail 543 39.11. Right to attend hearing 543 39.12. Power to vary determination of appeal against sentence 544 39.13. Directions about re-admission to hospital on dismissal of appeal 544 39.14. Renewal or setting aside of order for retrial 545

PART 40 APPEAL TO THE COURT OF APPEAL ABOUT REPORTING OR PUBLIC ACCESS

RESTRICTION 40.1. When this Part applies 546 40.2. Service of appeal notice 546 40.3. Form of appeal notice 547 40.4. Advance notice of appeal against order restricting public access 547 40.5. Duty of applicant for order restricting public access 548 40.6. Respondents notice on appeal against reporting restriction 548 40.7. Renewing applications 549 40.8. Right to introduce evidence 549 40.9. Right to attend hearing 549

PART 41 REFERENCE TO THE COURT OF APPEAL OF POINT OF LAW OR UNDULY

LENIENT SENTENCING 41.1. When this Part applies 550 41.2. Service of notice of reference and application for permission 550 41.3. Form of notice of reference and application for permission 551 41.4. Respondents notice 552 41.5. Variation or withdrawal of notice of reference or application for permission 552 41.6. Right to attend hearing 553 41.7. Anonymity of defendant on reference of point of law 553

PART 42 APPEAL TO THE COURT OF APPEAL IN CONFISCATION AND RELATED

PROCEEDINGS GENERAL RULES

42.1. Extension of time 554 42.2. Other applications 554

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42.3. Examination of witness by court 555 42.4. Supply of documentary and other exhibits 555 42.5. Registrars power to require information from court of trial 555 42.6. Hearing by single judge 555 42.7. Determination by full court 555 42.8. Notice of determination 555 42.9. Record of proceedings and transcripts 556 42.10. Appeal to the Supreme Court 556

CONFISCATION: APPEAL BY PROSECUTOR OR BY PERSON WITH INTEREST IN PROPERTY 42.11. Notice of appeal 556 42.12. Respondents notice 557 42.13. Amendment and abandonment of appeal 557

APPEAL ABOUT COMPLIANCE, RESTRAINT OR RECEIVERSHIP ORDER 42.14. Permission to appeal 558 42.15. Notice of appeal 558 42.16. Respondents notice 559 42.17. Amendment and abandonment of appeal 559 42.18. Stay 559 42.19. Striking out appeal notices and setting aside or imposing conditions on permission

to appeal 559 42.20. Hearing of appeals 560

PART 43 APPEAL OR REFERENCE TO THE SUPREME COURT

43.1. When this Part applies 561 43.2. Application for permission or reference 563 43.3. Determination of detention pending appeal, etc. 564 43.4. Bail pending appeal 565

PART 44 REQUEST TO THE EUROPEAN COURT FOR A PRELIMINARY RULING

44.1. When this Part applies 566 44.2. Preparation of request 566 44.3. Submission of request 567

Criminal Practice Directions IX: Appeal 568

Costs PART 45

COSTS GENERAL RULES

45.1. When this Part applies 576 45.2. Costs orders: general rules 579 45.3. Courts power to vary requirements 581

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COSTS OUT OF CENTRAL FUNDS 45.4. Costs out of central funds 581

PAYMENT OF COSTS BY ONE PARTY TO ANOTHER 45.5. Costs on conviction and sentence, etc. 583 45.6. Costs on appeal 584 45.7. Costs on an application 586 45.8. Costs resulting from unnecessary or improper act, etc. 587

OTHER COSTS ORDERS 45.9. Costs against a legal representative 588 45.10. Costs against a third party 590

ASSESSMENT OF COSTS 45.11. Assessment and re-assessment 592 45.12. Appeal to a costs judge 593 45.13. Appeal to a High Court judge 594 45.14. Application for an extension of time 595

Criminal Practice Directions X: Costs 596

Other proceedings PART 46

REPRESENTATIVES 46.1. Functions of representatives and supporters 648 46.2. Notice of appointment, etc. of legal representative: general rules 649 46.3. Application to change legal representative: legal aid 650

PART 47 INVESTIGATION ORDERS AND WARRANTS

SECTION 1: GENERAL RULES 47.1. When this Part applies 655 47.2. Meaning of court, applicant and respondent 655 47.3. Documents served on the court officer 655

SECTION 2: INVESTIGATION ORDERS 47.4. When this Section applies 656 47.5. Exercise of courts powers 660 47.6. Application for order: general rules 661 47.7. Application containing information withheld from a respondent or other person 661 47.8. Application to vary or discharge an order 662 47.9. Application to punish for contempt of court 662

ORDERS UNDER THE POLICE AND CRIMINAL EVIDENCE ACT 1984 47.10. Application for a production order under the Police and Criminal Evidence Act

1984 663

ORDERS UNDER THE TERRORISM ACT 2000 47.11. Application for an order under the Terrorism Act 2000 664 47.12. Content of application for a production etc. order under the Terrorism Act 2000 665

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47.13. Content of application for a disclosure order or further information order under the Terrorism Act 2000 666

47.14. Content of application for an explanation order under the Terrorism Act 2000 668 47.15. Content of application for a customer information order under the Terrorism Act

2000 668 47.16. Content of application for an account monitoring order under the Terrorism Act

2000 669

ORDERS UNDER THE PROCEEDS OF CRIME ACT 2002 47.17. Application for an order under the Proceeds of Crime Act 2002 669 47.18. Content of application for a production order under the Proceeds of Crime Act

2002 670 47.19. Content of application for an order to grant entry under the Proceeds of Crime Act

2002 671 47.20. Content of application for a disclosure order or further information order under the

Proceeds of Crime Act 2002 671 47.21. Content of application for a customer information order under the Proceeds of

Crime Act 2002 673 47.22. Content of application for an account monitoring order under the Proceeds of

Crime Act 2002 674

ORDERS UNDER THE EXTRADITION ACT 2003 47.23. Application for a production order under the Extradition Act 2003 674

SECTION 3: INVESTIGATION WARRANTS 47.24. When this Section applies 675 47.25. Exercise of courts powers 677 47.26. Application for warrant: general rules 678 47.27. Information to be included in a warrant 678 47.28. Application for warrant under section 8 of the Police and Criminal Evidence Act

1984 679 47.29. Application for warrant under section 2 of the Criminal Justice Act 1987 681 47.30. Application for warrant under paragraph 12 of Schedule 1 to the Police and

Criminal Evidence Act 1984 682 47.31. Application for warrant under paragraph 11 of Schedule 5 to the Terrorism Act

2000 684 47.32. Application for warrant under section 352 of the Proceeds of Crime Act 2002 686 47.33. Application for warrant under section 160 of the Extradition Act 2003 688 47.34. Application for warrant under any other power 689

SECTION 4: ORDERS FOR THE RETENTION OR RETURN OF PROPERTY 47.35. When this Section applies 691 47.36. Exercise of courts powers 691 47.37. Application for an order under section 1 of the Police (Property) Act 1897 692 47.38. Application for an order under section 59 of the Criminal Justice and Police Act

2001 692 47.39. Application containing information withheld from another party 693 47.40. Representations in response 694 47.41. Application to punish for contempt of court 694

SECTION 5: ORDERS FOR THE RETENTION OF FINGERPRINTS, ETC. 47.42. When this Section applies 694

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47.43. Exercise of courts powers 695 47.44. Application to extend retention period 695 47.45. Appeal 696

SECTION 6: INVESTIGATION ANONYMITY ORDERS UNDER THE CORONERS AND JUSTICE ACT 2009

47.46. When this Section applies 697 47.47. Exercise of courts powers 697 47.48. Application for an investigation anonymity order 697 47.49. Application to discharge an investigation anonymity order 698 47.50. Appeal 699 SECTION 7: INVESTIGATION APPROVAL ORDERS UNDER THE REGULATION OF INVESTIGATORY

POWERS ACT 2000 47.51. When this Section applies 699 47.52. Exercise of courts powers 699 47.53. Application for approval for authorisation or notice 700 SECTION 8: ORDERS FOR ACCESS TO DOCUMENTS, ETC. UNDER THE CRIMINAL APPEAL ACT 1995 47.54. When this Section applies 702 47.55. Exercise of courts powers 702 47.56. Application for an order for access 703 47.57. Application containing information withheld from a respondent or other person 703 47.58. Application to punish for contempt of court 704

SECTION 9: EUROPEAN INVESTIGATION ORDERS 47.59. When this Section applies 704 47.60. Exercise of courts powers 704 47.61. Application to make, vary or revoke a European investigation order 706

SECTION 10: ORDERS FOR THE EXTENSION OF A MORATORIUM PERIOD UNDER THE PROCEEDS OF CRIME ACT 2002

47.62. When this Section applies 708 47.63. Exercise of courts powers 708 47.64. Application for extension of moratorium period 709 47.65. Application containing information withheld from a respondent 710

PART 48 CONTEMPT OF COURT

GENERAL RULES 48.1. When this Part applies 712 48.2. Exercise of courts power to deal with contempt of court 712 48.3. Notice of suspension of imprisonment by Court of Appeal or Crown Court 713 48.4. Application to discharge an order for imprisonment 713

CONTEMPT OF COURT BY OBSTRUCTION, DISRUPTION, ETC. 48.5. Initial procedure on obstruction, disruption, etc. 714 48.6. Review after temporary detention 716 48.7. Postponement of enquiry 716 48.8. Procedure on enquiry 716

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CONTEMPT OF COURT BY FAILURE TO COMPLY WITH COURT ORDER, ETC. 48.9. Initial procedure on failure to comply with court order, etc. 717 48.10. Procedure on hearing 718 48.11. Introduction of written witness statement or other hearsay 719 48.12. Content of written witness statement 719 48.13. Content of notice of other hearsay 720 48.14. Cross-examination of maker of written witness statement or other hearsay 720 48.15. Credibility and consistency of maker of written witness statement or other hearsay 720 48.16. Magistrates courts powers to adjourn, etc. 721 48.17. Courts power to vary requirements 722

PART 49 INTERNATIONAL CO-OPERATION

49.1. Notice required to accompany process served outside the United Kingdom and

translations 723 49.2. Proof of service outside the United Kingdom 724 49.3. Supply of copy of notice of request for assistance abroad 724 49.4. Persons entitled to appear and take part in proceedings before a nominated court,

and exclusion of the public 724 49.5. Record of proceedings to receive evidence before a nominated court 724 49.6. Interpreter for the purposes of proceedings involving a television or telephone link 725 49.7. Record of television link hearing before a nominated court 725 49.8. Record of telephone link hearing before a nominated court 726 49.9. Overseas record 726 49.10. Overseas freezing orders 726 49.11. Overseas forfeiture orders 727 49.12. Overseas restraint orders 728 49.13. Overseas confiscation orders 730 49.14. Giving effect to a European investigation order for the receipt of oral evidence 732 49.15. Giving effect to a European investigation order for hearing a person by live link 733 49.16. Giving effect to a European investigation order by issuing a search warrant or

production, etc. order 734 49.17. Application to vary or revoke a search warrant or production etc. order issued to

give effect to a European investigation order 735

PART 50 EXTRADITION

SECTION 1: GENERAL RULES 50.1. When this Part applies 738 50.2. Special objective in extradition proceedings 739

SECTION 2: EXTRADITION PROCEEDINGS IN A MAGISTRATES COURT 50.3. Exercise of magistrates courts powers 739 50.4. Case management in the magistrates court and duty of court officer 741

EXTRADITION UNDER PART 1 OF THE EXTRADITION ACT 2003 50.5. Preliminary hearing after arrest 742 50.6. Extradition hearing 743 50.7. Discharge where warrant withdrawn 744

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EXTRADITION UNDER PART 2 OF THE EXTRADITION ACT 2003 50.8. Issue of arrest warrant 744 50.9. Preliminary hearing after arrest 745 50.10. Issue of provisional arrest warrant 745 50.11. Preliminary hearing after provisional arrest 746 50.12. Arrangement of extradition hearing after provisional arrest 746 50.13. Extradition hearing 746 50.14. Discharge where extradition request withdrawn 748

EVIDENCE AT EXTRADITION HEARING 50.15. Introduction of additional evidence 748

DISCHARGE AFTER FAILURE TO COMPLY WITH A TIME LIMIT 50.16. Defendants application to be discharged 749

SECTION 3: APPEAL TO THE HIGH COURT 50.17. Exercise of the High Courts powers 751 50.18. Case management in the High Court 752 50.19. Service of appeal notice 752 50.20. Form of appeal notice 753 50.21. Respondents notice 755 50.22. Renewing an application for permission to appeal, restoring excluded grounds, etc. 755 50.23. Appeal hearing 756 50.24. Early termination of appeal: order by consent, etc. 757 50.25. Application for permission to appeal to the Supreme Court 759 50.26. Determination of detention pending appeal to the Supreme Court against discharge 759 50.27. Reopening the determination of an appeal 759 50.28. Declaration of incompatibility with a Convention right 760 50.29. Duties of court officers 760 50.30. Constitution of the High Court 762 50.31. Payment of High Court fees 762

SECTION 4: POST-EXTRADITION PROCEEDINGS 50.32. Application for consent to deal with another offence or for consent to further

extradition 763

Criminal Practice Directions XI: Other proceedings 765

Criminal Practice Directions XII: General application 784

Criminal Practice Directions XIII: Listing 795

Glossary 824

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PART 1 THE OVERRIDING OBJECTIVE

Contents of this Part The overriding objective rule 1.1The duty of the participants in a criminal case rule 1.2The application by the court of the overriding objective rule 1.3

The overriding objective

1.1.(1) The overriding objective of this procedural 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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PART 2 UNDERSTANDING AND APPLYING THE RULES

Contents of this Part When the Rules apply rule 2.1Definitions rule 2.2References to Acts of Parliament and to Statutory Instruments rule 2.3

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 5th October, 2015, but

(a) unless the court otherwise directs, they do not affect a right or duty existing under the Criminal Procedure Rules 2014(a); and

(b) unless the High Court otherwise directs, Section 3 of Part 50 (Extradition appeal to the High Court) does not apply to a case in which notice of an appeal was given before 6th October, 2014.

(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 50 (Extradition) do not apply; and (b) the rules in Part 17 of the Criminal Procedure Rules 2012(b) (Extradition) 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. 2014/1610; amended by S.I. 2015/13, 2015/646. (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 section 218(b) of, and Schedule 4 to, the Extradition Act 2003 (c. 41) with savings and

territorial exceptions. (h) S.I. 2003/3103. (i) S.I. 2003/3103; article 3 was substituted by article 2 of S.I. 2003/3312.

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of the Backing of Warrants (Republic of Ireland) Act 1965 or otherwise, which was received by the relevant authority in the United Kingdom on or before 31st December, 2003.]

Definitions

2.2.(1) In these Rules, unless the context makes it clear that something different is meant: advocate means a person who is entitled to exercise a right of audience in the court under section 13 of the Legal Services Act 2007(a); business day means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday; court means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates Court), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals, a justices clerk or assistant clerk; court officer means the appropriate member of the staff of a court; justices legal adviser means a justices clerk or an assistant to a justices clerk; legal representative means:

(i) the person for the time being named as a partys representative in any legal aid representation order made under section 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(b), or

(ii) subject to that, the person named as a partys representative in any notice for the time being given under rule 46.2 (Notice of appointment, etc. of legal representative: general rules), provided that person is entitled to conduct litigation in the court under section 13 of the Legal Services Act 2007;

live link means an arrangement by which a person can see and hear, and be seen and heard by, the court when that person is not in the courtroom; Practice Direction means the Lord Chief Justices Criminal Practice Directions, as amended, and Criminal Costs Practice Direction means the Lord Chief Justices Practice Direction (Costs in Criminal Proceedings), as amended; public interest ruling means a ruling about whether it is in the public interest to disclose prosecution material under sections 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 1996(c); and Registrar means the Registrar of Criminal Appeals or a court officer acting with the Registrars authority.

(2) Definitions of some other expressions are in the rules in which they apply.

[Note. The glossary at the end of the Rules is a guide to the meaning of certain legal expressions used in them.]

References to legislation, including these Rules

2.3.(1) In these Rules, where a rule refers to an Act of Parliament or to subordinate legislation by title and year, subsequent references to that Act or to that legislation in the rule are shortened: so, for example, after a reference to the Criminal Procedure and Investigations Act 1996(d) that Act is called the 1996 Act; and after a reference to the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011(e) those Regulations are called the 2011 Regulations.

(2) In the courts to which these Rules apply

(a) 2007 c. 29. (b) 2012 c. 10. (c) 1996 c. 25; section 7A was inserted by section 37 of the Criminal Justice Act 2003 (c. 44). (d) 1996 c. 25. (e) S.I. 2011/209.

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(a) unless the context makes it clear that something different is meant, a reference to the Criminal Procedure Rules, without reference to a year, is a reference to the Criminal Procedure Rules in force at the date on which the event concerned occurs or occurred;

(b) a reference to the Criminal Procedure Rules may be abbreviated to CrimPR; and (c) a reference to a Part or rule in the Criminal Procedure Rules may be abbreviated to, for

example, CrimPR Part 3 or CrimPR 3.5.

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PART 3 CASE MANAGEMENT

Contents of this Part General rules When this Part applies rule 3.1The duty of the court rule 3.2The duty of the parties rule 3.3Case progression officers and their duties rule 3.4The courts case management powers rule 3.5Application to vary a direction rule 3.6Agreement to vary a time limit fixed by a direction rule 3.7Courts power to vary requirements under this Part rule 3.8Case preparation and progression rule 3.9Readiness for trial or appeal rule 3.10Conduct of a trial or an appeal rule 3.11Duty of court officer rule 3.12 Preparation for trial in the Crown Court Pre-trial hearings in the Crown Court: general rules rule 3.13Preparatory hearing rule 3.14Application for preparatory hearing rule 3.15Application for non-jury trial containing information withheld from a defendant rule 3.16Representations in response to application for preparatory hearing rule 3.17Commencement of preparatory hearing rule 3.18Defence trial advocate rule 3.19Application to stay case for abuse of process rule 3.20Application for joint or separate trials, etc. rule 3.21Order for joint or separate trials, or amendment of the indictment rule 3.22Application for indication of sentence rule 3.23Arraigning the defendant on the indictment rule 3.24Place of trial rule 3.25Use of Welsh language at trial rule 3.26 Preparation for trial in a magistrates courtPre-trial hearings in a magistrates court: general rules rule 3.27

GENERAL RULES

When this Part applies

3.1.(1) Rules 3.1 to 3.12 apply to the management of each case in a magistrates court and in the Crown Court (including an appeal to the Crown Court) until the conclusion of that case.

(2) Rules 3.13 to 3.26 apply where (a) the defendant is sent to the Crown Court for trial; (b) a High Court or Crown Court judge gives permission to serve a draft indictment; or (c) the Court of Appeal orders a retrial.

(3) Rule 3.27 applies in a magistrates court unless

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(a) the court sends the defendant for trial in the Crown Court; or (b) the case is one to which rule 24.8 or rule 24.9 applies (Written guilty plea: special rules;

Single justice procedure: special rules).

[Note. Rules that apply to procedure in the Court of Appeal are in Parts 36 to 42 of these Rules.

A magistrates court may send a defendant for trial in the Crown Court under section 51 or 51A of the Crime and Disorder Act 1998(a). See Part 9 for the procedure on allocation and sending for trial.

Under paragraph 2(1) of Schedule 17 to the Crime and Courts Act 2013(b) and section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933(c), the Crown Court may give permission to serve a draft indictment where it approves a deferred prosecution agreement. See Part 11 for the rules about that procedure and Part 10 for the rules about indictments.

The procedure for applying for the permission of a High Court judge to serve a draft indictment is in rules 6 to 10 of the Indictments (Procedure) Rules 1971(d). See also the Practice Direction.

The Court of Appeal may order a retrial under section 8 of the Criminal Appeal Act 1968(e) (on a defendants appeal against conviction) or under section 77 of the Criminal Justice Act 2003(f) (on a prosecutors application for the retrial of a serious offence after acquittal). Section 8 of the 1968 Act, section 84 of the 2003 Act and rules 27.6 and 39.14 require the arraignment of a defendant within 2 months.]

The duty of the court

3.2.(1) The court must further the overriding objective by actively managing the case. (2) Active case management includes

(a) the early identification of the real issues; (b) the early identification of the needs of witnesses; (c) achieving certainty as to what must be done, by whom, and when, in particular by the

early setting of a timetable for the progress of the case; (d) monitoring the progress of the case and compliance with directions; (e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest

way;

(a) 1998 c. 37; section 51 was substituted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and

amended by section 59 of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4). Section 51A was inserted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and amended by section 49 of, and paragraph 5 of Schedule 1 to, the Violent Crime Reduction Act 2006 (c. 38) and paragraph 6 of Schedule 21 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(b) 2013 c. 22. (c) 1933 c. 36; section 2 was amended by Part IV of Schedule 11 to, the Courts Act 1971 (c. 23), Schedule 5 to, the Senior

Courts Act 1981 (c. 54), Schedule 2 to the Prosecution of Offences Act 1985 (c. 23), paragraph 1 of Schedule 2 to the Criminal Justice Act 1987 (c. 38), paragraph 10 of Schedule 15 to the Criminal Justice Act 1988 (c. 33), paragraph 8 of Schedule 6 to the Criminal Justice Act 1991 (c. 53), Schedule 1 to the Statute Law (Repeals) Act 1993, paragraph 17 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25), paragraph 5 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37), paragraph 34 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), paragraph 1 of the Schedule to S.I. 2004/2035, section 12 of, and paragraph 7 of Schedule 1 to, the Constitutional Reform Act 2005 (c. 4), sections 116 and 178 of, and Part 3 of Schedule 23 to, the Coroners and Justice Act 2009 (c. 25), paragraph 32 of Schedule 17 to the Crime and Courts Act 2013 (c. 22) and section 82 of the Deregulation Act 2015 (c. 20).

(d) S. I. 1971/2084; amended by S.I. 1997/711, 2000/3360. (e) 1968 c. 19; section 8 was amended by Section 12 of, and paragraph 38 of Schedule 2 to, the Bail Act 1976 (c. 63), section

56 of, and Part IV of Schedule 11 to, the Courts Act 1971 (c. 23), section 65 of, and paragraph 36 of Schedule 3 to, the Mental Health (Amendment) Act 1982 (c. 51), section 148 of, and paragraph 23 of Schedule 4 to, the Mental Health Act 1983 (c. 20), section 43 of the Criminal Justice Act 1988 (c. 33), section 168 of, and paragraph 19 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 58 of the Access to Justice Act 1999 (c. 22), sections 41 and 332 of, and paragraph 43 of Schedule 3 to, and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) and section 32 of, and paragraph 2 of Schedule 4 to, the Mental Health Act 2007 (c. 12).

(f) 2003 c. 44.

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(f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings;

(g) encouraging the participants to co-operate in the progression of the case; and (h) making use of technology.

(3) The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.

(4) Where appropriate live links are available, making use of technology for the purposes of this rule includes directing the use of such facilities, whether an application for such a direction is made or not

(a) for the conduct of a pre-trial hearing, including a pre-trial case management hearing; (b) for the defendants attendance at such a hearing

(i) where the defendant is in custody, or where the defendant is not in custody and wants to attend by live link, but

(ii) only if the court is satisfied that the defendant can participate effectively by such means, having regard to all the circumstances including whether the defendant is represented or not; and

(c) for receiving evidence under one of the powers to which the rules in Part 18 apply (Measures to assist a witness or defendant to give evidence).

(5) Where appropriate telephone facilities are available, making use of technology for the purposes of this rule includes directing the use of such facilities, whether an application for such a direction is made or not, for the conduct of a pre-trial case management hearing

(a) if telephone facilities are more convenient for that purpose than live links; (b) unless at that hearing the court expects to take the defendants plea; and (c) only if

(i) the defendant is represented, or (ii) exceptionally, the court is satisfied that the defendant can participate effectively by

such means without a representative.

[Note. In relation to the defendants attendance by live link at a pre-trial hearing, see sections 46ZA and 47 of the Police and Criminal Evidence Act 1984(a) and sections 57A to 57D and 57F of the Crime and Disorder Act 1998(b).

In relation to the giving of evidence by a witness and the giving of evidence by the defendant, see section 32 of the Criminal Justice Act 1988(c), sections 19, 24 and 33A of the Youth Justice and Criminal Evidence Act 1999(d) and section 51 of the Criminal Justice Act 2003(e). Part 18 (Measures to assist a witness or defendant to give evidence) contains relevant rules.] (a) 1984 c. 60; section 46ZA was inserted by section 46 of the Police and Justice Act 2006 (c. 48) and amended by section 107

of the Coroners and Justice Act 2009 (c. 25). Section 47 was amended by sections 27, 29 and 168 of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 46 of the Crime and Disorder Act 1998 (c. 37), section 109 of, and paragraph 283 of Schedule 8 to, the Courts Act 2003 (c. 39), sections 12 and 28 of, and paragraphs 1 and 10 of Schedule 1 and paragraphs 1 and 6 of Schedule 2 to, the Criminal Justice Act 2003 (c. 44), sections 10 and 46 of, and paragraphs 1, 6 and 11 of Schedule 6 to, the Police and Justice Act 2006 (c. 48) and section 1 of the Police (Detention and Bail) Act 2011 (c. 9).

(b) 1998 c. 37; sections 57A to 57E were substituted for section 57 as originally enacted by section 45 of the Police and Justice Act 2006 (c. 48). Section 57A was amended by section 109 of the Coroners and Justice Act 2009 (c. 25) and section 105 of, and paragraphs 36 and 39 of Schedule 12 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). Sections 57B, 57C and 57D were amended by section 106 of the Coroners and Justice Act 2009 (c. 25). Section 57F was inserted by section 109 of the Coroners and Justice Act 2009 (c. 25).

(c) 1988 c. 33; section 32 was amended by section 55 of the Criminal Justice Act 1991 (c. 53), section 29 of, and paragraph 16 of Schedule 2 to, the Criminal Appeal Act 1995 (c. 35), section 62 of the Criminal Procedure and Investigations Act 1996 (c. 25), section 67 of, and Schedule 6 and paragraph 3 of Schedule 7 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23) and article 3 of, and paragraphs 24 and 26 of the Schedule to S.I. 2004/2035.

(d) 1999 c. 23; section 24 was amended by paragraph 385 of Schedule 8 to, and Schedule 10 to, the Courts Act 2003 (c. 39) and section 102(1) of the Coroners and Justice Act 2009 (c. 25). Section 33A was inserted by section 47 of the Police and Justice Act 2006 (c. 48).

(e) 2003 c. 44.

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The duty of the parties

3.3.(1) Each party must (a) actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a

direction; and (b) apply for a direction if needed to further the overriding objective.

(2) Active assistance for the purposes of this rule includes (a) at the beginning of the case, communication between the prosecutor and the defendant at

the first available opportunity and in any event no later than the beginning of the day of the first hearing;

(b) after that, communication between the parties and with the court officer until the conclusion of the case;

(c) by such communication establishing, among other things (i) whether the defendant is likely to plead guilty or not guilty,

(ii) what is agreed and what is likely to be disputed, (iii) what information, or other material, is required by one party of another, and why,

and (iv) what is to be done, by whom, and when (without or if necessary with a direction);

(d) reporting on that communication to the court (i) at the first hearing, and

(ii) after that, as directed by the court; and (e) alerting the court to any reason why

(i) a direction should not be made in any of the circumstances listed in rule 3.2(4) or (5) (The duty of the court: use of live link or telephone facilities), or

(ii) such a direction should be varied or revoked.

Case progression officers and their duties

3.4.(1) At the beginning of the case each party must, unless the court otherwise directs (a) nominate someone responsible for progressing that case; and (b) tell other parties and the court who that is and how to contact that person.

(2) In fulfilling its duty under rule 3.2, the court must where appropriate (a) nominate a court officer responsible for progressing the case; and (b) make sure the parties know who that is and how to contact that court officer.

(3) In this Part a person nominated under this rule is called a case progression officer. (4) A case progression officer must

(a) monitor compliance with directions; (b) make sure that the court is kept informed of events that may affect the progress of that

case; (c) make sure that he or she can be contacted promptly about the case during ordinary

business hours; (d) act promptly and reasonably in response to communications about the case; and (e) if he or she will be unavailable, appoint a substitute to fulfil his or her duties and inform

the other case progression officers.

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The courts case management powers

3.5.(1) In fulfilling its duty under rule 3.2 the court may give any direction and take any step actively to manage a case unless that direction or step would be inconsistent with legislation, including these Rules.

(2) In particular, the court may (a) nominate a judge, magistrate or justices legal adviser to manage the case; (b) give a direction on its own initiative or on application by a party; (c) ask or allow a party to propose a direction; (d) receive applications, notices, representations and information by letter, by telephone, by

live link, by email or by any other means of electronic communication, and conduct a hearing by live link, telephone or other such electronic means;

(e) give a direction (i) at a hearing, in public or in private, or

(ii) without a hearing; (f) fix, postpone, bring forward, extend, cancel or adjourn a hearing; (g) shorten or extend (even after it has expired) a time limit fixed by a direction; (h) require that issues in the case should be

(i) identified in writing, (ii) determined separately, and decide in what order they will be determined; and

(i) specify the consequences of failing to comply with a direction. (3) A magistrates court may give a direction that will apply in the Crown Court if the case is to

continue there. (4) The Crown Court may give a direction that will apply in a magistrates court if the case is to

continue there. (5) Any power to give a direction under this Part includes a power to vary or revoke that

direction. (6) If a party fails to comply with a rule or a direction, the court may

(a) fix, postpone, bring forward, extend, cancel or adjourn a hearing; (b) exercise its powers to make a costs order; and (c) impose such other sanction as may be appropriate.

[Note. Depending upon the nature of a case and the stage that it has reached, its progress may be affected by other Criminal Procedure Rules and by other legislation. The note at the end of this Part lists other rules and legislation that may apply.

See also rule 3.9 (Case preparation and progression).

The court may make a costs order under (a) section 19 of the Prosecution of Offences Act 1985(a), where the court decides that one

party to criminal proceedings has incurred costs as a result of an unnecessary or improper act or omission by, or on behalf of, another party;

(a) 1985 c. 23; section 19 was amended by section 166 of the Criminal Justice Act 1988 (c. 33), section 45 of, and Schedule 6

to, the Legal Aid Act 1988 (c. 34), section 7 of, and paragraph 8 of Schedule 3 to, the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), section 24 of, and paragraphs 27 and 28 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), sections 40 and 67 of, and paragraph 4 of Schedule 7 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23), section 165 of, and paragraph 99 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 378 of, and paragraph 107 of Schedule 16 to, the Armed Forces Act 2006 (c. 52), section 6 of, and paragraph 32 of Schedule 4 and paragraphs 1 and 5 of Schedule 27 to, the Criminal Justice and Immigration Act 2008 (c. 4) and paragraphs 22 and 23 of Schedule 5, and paragraphs 1 and 5 and Part 4 of Schedule 7, to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

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(b) section 19A of that Act(a), where the court decides that a party has incurred costs as a result of an improper, unreasonable or negligent act or omission on the part of a legal representative;

(c) section 19B of that Act(b), where the court decides that there has been serious misconduct by a person who is not a party.

Under some other legislation, including Parts 19, 20 and 21 of these Rules, if a party fails to comply with a rule or a direction then in some circumstances

(a) the court may refuse to allow that party to introduce evidence; (b) evidence that that party wants to introduce may not be admissible; (c) the court may draw adverse inferences from the late introduction of an issue or evidence.

See also (a) section 81(1) of the Police and Criminal Evidence Act 1984(c) and section 20(3) of the

Criminal Procedure and Investigations Act 1996(d) (advance disclosure of expert evidence);

(b) section 11(5) of the Criminal Procedure and Investigations Act 1996(e) (faults in disclosure by accused);

(c) section 132(5) of the Criminal Justice Act 2003(f) (failure to give notice of hearsay evidence).]

Application to vary a direction

3.6.(1) A party may apply to vary a direction if (a) the court gave it without a hearing; (b) the court gave it at a hearing in that partys absence; or (c) circumstances have changed.

(2) A party who applies to vary a direction must (a) apply as soon as practicable after becoming aware of the grounds for doing so; and (b) give as much notice to the other parties as the nature and urgency of the application

permits.

Agreement to vary a time limit fixed by a direction

3.7.(1) The parties may agree to vary a time limit fixed by a direction, but only if (a) the variation will not

(i) affect the date of any hearing that has been fixed, or (ii) significantly affect the progress of the case in any other way;

(b) the court has not prohibited variation by agreement; and (c) the courts case progression officer is promptly informed.

(2) The courts case progression officer must refer the agreement to the court if in doubt that the condition in paragraph (1)(a) is satisfied.

(a) 1985 c. 23; section 19A was inserted by section 111 of the Courts and Legal Services Act 1990 (c. 41). (b) 1985 c. 23; section 19B was inserted by section 93 of the Courts Act 2003 (c. 39). (c) 1984 c. 60; section 81(1) was amended by section 109(1) of, and paragraph 286 of Schedule 8 to, the Courts Act 2003

(c.39). (d) 1996 c. 25; section 20(3) was amended by section 109(1) of, and paragraph 378 of Schedule 8 to, the Courts Act 2003

(c.39). (e) 1996 c. 25; section 11 was substituted by section 39 of the Criminal Justice Act 2003 (c. 44) and amended by section 60 of

the Criminal Justice and Immigration Act 2008 (c. 4). (f) 2003 c. 44.

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Courts power to vary requirements under this Part

3.8.(1) The court may (a) shorten or extend (even after it has expired) a time limit set by this Part; and (b) allow an application or representations to be made orally.

(2) A person who wants an extension of time must (a) apply when serving the application or representations for which it is needed; and (b) explain the delay.

Case preparation and progression

3.9.(1) At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be concluded at the next hearing or as soon as possible after that.

(2) At every hearing the court must, where relevant (a) if the defendant is absent, decide whether to proceed nonetheless; (b) take the defendants plea (unless already done) or if no plea can be taken then find out

whether the defendant is likely to plead guilty or not guilty; (c) set, follow or revise a timetable for the progress of the case, which may include a

timetable for any hearing including the trial or (in the Crown Court) the appeal; (d) in giving directions, ensure continuity in relation to the court and to the parties

representatives where that is appropriate and practicable; and (e) where a direction has not been complied with, find out why, identify who was

responsible, and take appropriate action. (3) In order to prepare for the trial, the court must take every reasonable step

(a) to encourage and to facilitate the attendance of witnesses when they are needed; and (b) to facilitate the participation of any person, including the defendant.

(4) Facilitating the participation of the defendant includes finding out whether the defendant needs interpretation because

(a) the defendant does not speak or understand English; or (b) the defendant has a hearing or speech impediment.

(5) Where the defendant needs interpretation (a) the court officer must arrange for interpretation to be provided at every hearing which the

defendant is due to attend; (b) interpretation may be by an intermediary where the defendant has a speech impediment,

without the need for a defendants evidence direction; (c) on application or on its own initiative, the court may require a written translation to be

provided for the defendant of any document or part of a document, unless (i) translation of that document, or part, is not needed to explain the case against the

defendant, or (ii) the defendant agrees to do without and the court is satisfied that the agreement is

clear and voluntary and that the defendant has had legal advice or otherwise understands the consequences;

(d) on application by the defendant, the court must give any direction which the court thinks appropriate, including a direction for interpretation by a different interpreter, where (i) no interpretation is provided,

(ii) no translation is ordered or provided in response to a previous application by the defendant, or

(iii) the defendant complains about the quality of interpretation or of any translation.

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(6) Facilitating the participation of any person includes giving directions for the appropriate treatment and questioning of a witness or the defendant, especially where the court directs that such questioning is to be conducted through an intermediary.

(7) Where directions for appropriate treatment and questioning are required, the court must (a) invite representations by the parties and by any intermediary; and (b) set ground rules for the conduct of the questioning, which rules may include

(i) a direction relieving a party of any duty to put that partys case to a witness or a defendant in its entirety,

(ii) directions about the manner of questioning, (iii) directions about the duration of questioning, (iv) if necessary, directions about the questions that may or may not be asked, (v) where there is more than one defendant, the allocation among them of the topics

about which a witness may be asked, and (vi) directions about the use of models, plans, body maps or similar aids to help

communicate a question or an answer.

[Note. Part 18 (Measures to assist a witness or defendant to give evidence) contains rules about an application for a defendants evidence direction under (among other provisions) sections 33BA and 33BB of the Youth Justice and Criminal Evidence Act 1999(a).

See also Directive 2010/64/EU of the European Parliament and of the Council of 20th October, 2010, on the right to interpretation and translation in criminal proceedings(b).

Where a trial in the Crown Court will take place in Wales and a participant wishes to use the Welsh language, see rule 3.26. Where a trial in a magistrates court will take place in Wales, a participant may use the Welsh language: see rule 24.14.]

Readiness for trial or appeal

3.10.(1) This rule applies to a partys preparation for trial or appeal, and in this rule and rule 3.11 trial includes any hearing at which evidence will be introduced.

(2) In fulfilling the duty under rule 3.3, each party must (a) comply with directions given by the court; (b) take every reasonable step to make sure that partys witnesses will attend when they are

needed; (c) make appropriate arrangements to present any written or other material; and (d) promptly inform the court and the other parties of anything that may

(i) affect the date or duration of the trial or appeal, or (ii) significantly affect the progress of the case in any other way.

(3) The court may require a party to give a certificate of readiness.

Conduct of a trial or an appeal

3.11. In order to manage a trial or an appeal, the court (a) must establish, with the active assistance of the parties, what are the disputed issues; (b) must consider setting a timetable that

(i) takes account of those issues and of any timetable proposed by a party, and

(a) 1999 c. 23; sections 33BA and 33BB are inserted by section 104 of the Coroners and Justice Act 2009 (c. 25), with effect

from a date to be appointed. (b) OJ L 280, 26.10.2010, p.1.

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(ii) may limit the duration of any stage of the hearing; (c) may require a party to identify

(i) which witnesses that party wants to give evidence in person, (ii) the order in which that party wants those witnesses to give their evidence,

(iii) whether that party requires an order compelling the attendance of a witness, (iv) what arrangements are desirable to facilitate the giving of evidence by a witness, (v) what arrangements are desirable to facilitate the participation of any other person,

including the defendant, (vi) what written evidence that party intends to introduce,

(vii) what other material, if any, that person intends to make available to the court in the presentation of the case, and

(viii) whether that party intends to raise any point of law that could affect the conduct of the trial or appeal; and

(d) may limit (i) the examination, cross-examination or re-examination of a witness, and

(ii) the duration of any stage of the hearing.

[Note. See also rules 3.5 (The courts case management powers) and 3.9 (Case preparation and progression).]

Duty of court officer

3.12. The court officer must (a) where a person is entitled or required to attend a hearing, give as much notice as

reasonably practicable to (i) that person, and

(ii) that persons custodian (if any); (b) where the court gives directions, promptly make a record available to the parties.

[Note. See also rule 5.7 (Supply to a party of information or documents from records or case materials).]

PREPARATION FOR TRIAL IN THE CROWN COURT

Pre-trial hearings in the Crown Court: general rules

3.13.(1) The Crown Court (a) may, and in some cases must, conduct a preparatory hearing where rule 3.14 applies; (b) must conduct a plea and trial preparation hearing; (c) may conduct a further pre-trial case management hearing (and if necessary more than one

such hearing) only where (i) the court anticipates a guilty plea,

(ii) it is necessary to conduct such a hearing in order to give directions for an effective trial, or

(iii) such a hearing is required to set ground rules for the conduct of the questioning of a witness or defendant.

(2) At the plea and trial preparation hearing the court must (a) satisfy itself that there has been explained to the defendant, in terms the defendant can

understand (with help, if necessary), that the defendant will receive credit for a guilty plea;

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(b) take the defendants plea or if no plea can be taken then find out whether the defendant is likely to plead guilty or not guilty;

(c) unless the defendant pleads guilty, satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary), that at the trial (i) the defendant will have the right to give evidence after the court has heard the

prosecution case, (ii) if the defendant does not attend, the trial may take place in the defendants absence,

(iii) if the trial takes place in the defendants absence, the judge may inform the jury of the reason for that absence, and

(iv) where the defendant is released on bail, failure to attend court when required is an offence for which the defendant may be arrested and punished and bail may be withdrawn; and

(d) give directions for an effective trial. (3) A pre-trial case management hearing

(a) must be in public, as a general rule, but all or part of the hearing may be in private if the court so directs; and

(b) must be recorded, in accordance with rule 5.5 (Recording and transcription of proceedings in the Crown Court).

(4) Where the court determines a pre-trial application in private, it must announce its decision in public.

(5) The court (a) at the first hearing in the Crown Court must require a defendant who is present

(i) to provide, in writing or orally, his or her name, date of birth and nationality, or (ii) to confirm that information by those means, where the information was given to the

magistrates court which sent the defendant for trial; and (b) at any subsequent hearing may require such a defendant to provide or confirm that

information by those means.

[Note. See also the general rules in the first section of this Part (rules 3.1 to 3.12) and the other rules in this section.

The Practice Direction lists the circumstances in which a further pre-trial case management hearing is likely to be needed in order to give directions for an effective trial.

There are rules relevant to applications which may be made at a pre-trial hearing in Part 6 (Reporting, etc. restrictions), Part 14 (Bail and custody time limits), Part 15 (Disclosure), 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) and Part 23 (Restriction on cross-examination by a defendant).

On an application to which Part 14 (Bail and custody time limits) applies, rule 14.2 (exercise of courts powers under that Part) may require the defendants presence, which may be by live link. Where rule 14.10 applies (Consideration of bail in a murder case), the court officer must arrange for the Crown Court to consider bail within 2 business days of the first hearing in the magistrates court.

Under section 40 of the Criminal Procedure and Investigations Act 1996(a), a pre-trial ruling about the admissibility of evidence or any other question of law is binding unless it later appears to the court in the interests of justice to discharge or vary that ruling.

(a) 1996 c. 25.

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Under section 86A of the Courts Act 2003(a), Criminal Procedure Rules must specify stages of proceedings at which the court must require the information listed in rule 3.13(5). A person commits an offence if, without reasonable excuse, that person fails to comply with such a requirement, whether by providing false or incomplete information or by providing no information.]

Preparatory hearing

3.14.(1) This rule applies where the Crown Court (a) can order a preparatory hearing, under

(i) section 7 of the Criminal Justice Act 1987(b) (cases of serious or complex fraud), or (ii) section 29 of the Criminal Procedure and Investigations Act 1996(c) (other complex,

serious or lengthy cases); (b) must order such a hearing, to determine an application for a trial without a jury, under

(i) section 44 of the Criminal Justice Act 2003(d) (danger of jury tampering), or (ii) section 17 of the Domestic Violence, Crime and Victims Act 2004(e) (trial of sample

counts by jury, and others by judge alone); (c) must order such a hearing, under section 29 of the 1996 Act, where section 29(1B) or

(1C) applies (cases in which a terrorism offence is charged, or other serious cases with a terrorist connection).

(2) The court may decide whether to order a preparatory hearing (a) on an application or on its own initiative; (b) at a hearing (in public or in private), or without a hearing; (c) in a partys absence, if that party

(i) applied for the order, or (ii) has had at least 14 days in which to make representations.

[Note. See also section 45(2) of the Criminal Justice Act 2003 and section 18(1) of the Domestic Violence, Crime and Victims Act 2004.

At a preparatory hearing, the court may (a) require the prosecution to set out its case in a written statement, to arrange its evidence

in a form that will be easiest for the jury (if there is one) to understand, to prepare a list