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The Criminal Procedure Rules 2015

Type Statutory-Instrument

Publication 2015-07-03

Last updated 2020-10-05

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(i) make a witness anonymity order, under section 86 of the Coroners and Justice Act 2009³²⁵, or

(ii) vary or discharge such an order, under section 91, 92 or 93 of the 2009 Act;

(e) where the court can give or discharge a direction (a ‘live link direction’), on an application or on its own initiative, for a witness to give evidence by live link under—

(i) section 32 of the Criminal Justice Act 1988³²⁶, or

(ii) sections 51 and 52 of the Criminal Justice Act 2003³²⁷;

(f) where the court can exercise any other power it has to give, vary or discharge a direction for a measure to help a witness give evidence.

Meaning of ‘witness’

18.2

In this Part, ‘witness’ means anyone (other than a defendant) for whose benefit an application, direction or order is made.

[Note. At the end of this Part is a summary of the circumstances in which a witness or defendant may be eligible for the assistance of one of the measures to which this Part applies.]

Making an application for a direction or order

18.3

A party who wants the court to exercise its power to give or make a direction or order must—

(a) apply in writing as soon as reasonably practicable, and in any event not more than—

(i) 28 days after the defendant pleads not guilty, in a magistrates’ court, or

(ii) 14 days after the defendant pleads not guilty, in the Crown Court; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

[Note. See also rule 18.10 (Content of application for a special measures direction), rule 18.15 (Content of application for a defendant’s evidence direction), rule 18.19 (Content and conduct of application for a witness anonymity order) and rule 18.24 (Content of application for a live link direction).

Decisions and reasons

18.4

(1) A party who wants to introduce the evidence of a witness who is the subject of an application, direction or order must—

(a) inform the witness of the court’s decision as soon as reasonably practicable; and

(b) explain to the witness the arrangements that as a result will be made for him or her to give evidence.

(2) The court must announce, at a hearing in public before the witness gives evidence, the reasons for a decision—

(a) to give, make, vary or discharge a direction or order; or

(b) to refuse to do so.

[Note. See sections 20(5), 33A(8) and 33BB(4) of the Youth Justice and Criminal Evidence Act 1999 and sections 51(8) and 52(7) of the Criminal Justice Act 2003³²⁸.]

Court's power to vary requirements under this Part

18.5

(1) The court may—

(a) shorten or extend (even after it has expired) a time limit under this Part; and

(b) allow an application or representations to be made in a different form to one set out in the Practice Direction, or 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.

Custody of documents

18.6

Unless the court otherwise directs, the court officer may—

(a) keep a written application or representations; or

(b) arrange for the whole or any part to be kept by some other appropriate person, subject to any conditions that the court may impose.

Declaration by intermediary

18.7

(1) This rule applies where—

(a) a video recorded interview with a witness is conducted through an intermediary;

(b) the court directs the examination of a witness or defendant through an intermediary.

(2) An intermediary must make a declaration—

(a) before such an interview begins;

(b) before the examination begins (even if such an interview with the witness was conducted through the same intermediary).

(3) The declaration must be in these terms—

I solemnly, sincerely and truly declare [orI swear by Almighty God] that I will well and faithfully communicate questions and answers and make true explanation of all matters and things as shall be required of me according to the best of my skill and understanding.

SPECIAL MEASURES DIRECTIONS

Exercise of court's powers

18.8

The court may decide whether to give, vary or discharge a special measures direction—

(a) at a hearing, in public or in private, or without a hearing;

(b) in a party’s absence, if that party—

(i) applied for the direction, variation or discharge, or

(ii) has had at least 14 days in which to make representations.

Special measures direction for a young witness

18.9

(1) This rule applies where, under section 21 or section 22 of the Youth Justice and Criminal Evidence Act 1999³²⁹, the primary rule requires the court to give a direction for a special measure to assist a child witness or a qualifying witness—

(a) on an application, if one is made; or

(b) on the court’s own initiative, in any other case.

(2) A party who wants to introduce the evidence of such a witness must as soon as reasonably practicable—

(a) notify the court that the witness is eligible for assistance;

(b) provide the court with any information that the court may need to assess the witness’ views, if the witness does not want the primary rule to apply; and

(i) the court officer, and

(ii) each other party.

[Note. Under sections 21 and 22 of the Youth Justice and Criminal Evidence Act 1999, a ‘child witness’ is one who is under 18, and a ‘qualifying witness’ is one who was a child witness when interviewed.

Content of application for a special measures direction

18.10

An applicant for a special measures direction must—

(a) explain how the witness is eligible for assistance;

(b) explain why special measures would be likely to improve the quality of the witness’ evidence;

(c) propose the measure or measures that in the applicant’s opinion would be likely to maximise, so far as practicable, the quality of that evidence;

(d) report any views that the witness has expressed about—

(i) his or her eligibility for assistance,

(ii) the likelihood that special measures would improve the quality of his or her evidence, and

(iii) the measure or measures proposed by the applicant;

(e) in a case in which a child witness or a qualifying witness does not want the primary rule to apply, provide any information that the court may need to assess the witness’ views;

(f) in a case in which the applicant proposes that the witness should give evidence by live link—

(i) identify someone to accompany the witness while the witness gives evidence,

(ii) name that person, if possible, and

(iii) explain why that person would be an appropriate companion for the witness, including the witness’ own views;

(g) in a case in which the applicant proposes the admission of video recorded evidence, identify—

(i) the date and duration of the recording,

(ii) which part the applicant wants the court to admit as evidence, if the applicant does not want the court to admit all of it;

(h) attach any other material on which the applicant relies; and

(i) if the applicant wants a hearing, ask for one, and explain why it is needed.

[Note. The Practice Direction sets out a form of application for use in connection with this rule.]

Application to vary or discharge a special measures direction

18.11

(1) A party who wants the court to vary or discharge a special measures direction must—

(a) apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(2) The applicant must—

(a) explain what material circumstances have changed since the direction was given (or last varied, if applicable);

(b) explain why the direction should be varied or discharged; and

[Note. Under section 20 of the Youth Justice and Criminal Evidence Act 1999, the court can vary or discharge a special measures direction—

(a) on application, if there has been a material change of circumstances; or

(b) on the court’s own initiative.]

Application containing information withheld from another party

18.12

(1) This rule applies where—

(a) an applicant serves an application for a special measures direction, or for its variation or discharge; and

(b) the application includes information that the applicant thinks ought not be revealed to another party.

(2) The applicant must—

(a) omit that information from the part of the application that is served on that other party;

(b) mark the other part to show that, unless the court otherwise directs, it is only for the court; and

(3) Any hearing of an application to which this rule applies—

(a) must be in private, unless the court otherwise directs; and

(b) if the court so directs, may be, wholly or in part, in the absence of a party from whom information has been withheld.

(4) At any hearing of an application to which this rule applies—

(a) the general rule is that the court must consider, in the following sequence—

(i) representations first by the applicant and then by each other party, in all the parties’ presence, and then

(ii) further representations by the applicant, in the absence of a party from whom information has been withheld; but

(b) the court may direct other arrangements for the hearing.

[Note. See section 20 of the Youth Justice and Criminal Evidence Act 1999.]

Representations in response

18.13

(1) This rule applies where a party wants to make representations about—

(a) an application for a special measures direction;

(b) an application for the variation or discharge of such a direction; or

(2) Such a party must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party;

(b) do so not more than 14 days after, as applicable—

(i) service of the application, or

(ii) notice of the direction, variation or discharge that the court proposes; and

(3) Where representations include information that the person making them thinks ought not be revealed to another party, that person must—

(a) omit that information from the representations served on that other party;

(b) mark the information to show that, unless the court otherwise directs, it is only for the court; and

(4) Representations against a special measures direction must explain, as appropriate—

(a) why the witness is not eligible for assistance;

(b) if the witness is eligible for assistance, why—

(i) no special measure would be likely to improve the quality of the witness’ evidence,

(ii) the proposed measure or measures would not be likely to maximise, so far as practicable, the quality of the witness’ evidence, or

(iii) the proposed measure or measures might tend to inhibit the effective testing of that evidence;

(c) in a case in which the admission of video recorded evidence is proposed, why it would not be in the interests of justice for the recording, or part of it, to be admitted as evidence.

(5) Representations against the variation or discharge of a special measures direction must explain why it should not be varied or discharged.

[Note. Under sections 21 and 22 of the Youth Justice and Criminal Evidence Act 1999, where the witness is a child witness or a qualifying witness the special measures that the court usually must direct must be treated as likely to maximise, so far as practicable, the quality of the witness’ evidence, irrespective of representations to the contrary.]

DEFENDANT'S EVIDENCE DIRECTIONS

Exercise of court's powers

18.14

The court may decide whether to give, vary or discharge a defendant’s evidence direction—

(a) at a hearing, in public or in private, or without a hearing;

(b) in a party’s absence, if that party—

(i) applied for the direction, variation or discharge, or

(ii) has had at least 14 days in which to make representations.

Content of application for a defendant's evidence direction

18.15

An applicant for a defendant’s evidence direction must—

(a) explain how the proposed direction meets the conditions prescribed by the Youth Justice and Criminal Evidence Act 1999;

(b) in a case in which the applicant proposes that the defendant give evidence by live link—

(i) identify a person to accompany the defendant while the defendant gives evidence, and

(ii) explain why that person is appropriate;

[Note. See sections 33A and 33BA of the Youth Justice and Criminal Evidence Act 1999.]

Application to vary or discharge a defendant's evidence direction

18.16

(1) A party who wants the court to vary or discharge a defendant’s evidence direction must—

(a) apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(2) The applicant must—

(a) on an application to discharge a live link direction, explain why it is in the interests of justice to do so;

(b) on an application to discharge a direction for an intermediary, explain why it is no longer necessary in order to ensure that the defendant receives a fair trial;

(c) on an application to vary a direction for an intermediary, explain why it is necessary for the direction to be varied in order to ensure that the defendant receives a fair trial; and

(d) ask for a hearing, if the applicant wants one, and explain why it is needed.

[Note. See sections 33A(7) and 33BB of the Youth Justice and Criminal Evidence Act 1999.]

Representations in response

18.17

(1) This rule applies where a party wants to make representations about—

(a) an application for a defendant’s evidence direction;

(b) an application for the variation or discharge of such a direction; or

(2) Such a party must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party;

(b) do so not more than 14 days after, as applicable—

(i) service of the application, or

(ii) notice of the direction, variation or discharge that the court proposes; and

(3) Representations against a direction, variation or discharge must explain why the conditions prescribed by the Youth Justice and Criminal Evidence Act 1999 are not met.

WITNESS ANONYMITY ORDERS

Exercise of court's powers

18.18

(1) The court may decide whether to make, vary or discharge a witness anonymity order—

(a) at a hearing (which must be in private, unless the court otherwise directs), or without a hearing (unless any party asks for one);

(b) in the absence of a defendant.

(2) The court must not exercise its power to make, vary or discharge a witness anonymity order, or to refuse to do so—

(a) before or during the trial, unless each party has had an opportunity to make representations;

(b) on an appeal by the defendant to which applies Part 34 (Appeal to the Crown Court) or Part 39 (Appeal to the Court of Appeal about conviction or sentence), unless in each party’s case—

(i) that party has had an opportunity to make representations, or

(ii) the appeal court is satisfied that it is not reasonably practicable to communicate with that party;

(i) each has had an opportunity to make representations, or

(ii) the court is satisfied that it is not reasonably practicable to communicate with that party or witness.

Content and conduct of application for a witness anonymity order

18.19

(1) An applicant for a witness anonymity order must—

(a) include in the application nothing that might reveal the witness’ identity;

(b) describe the measures proposed by the applicant;

(c) explain how the proposed order meets the conditions prescribed by section 88 of the Coroners and Justice Act 2009³³⁰;

(d) explain why no measures other than those proposed will suffice, such as—

(i) an admission of the facts that would be proved by the witness,

(ii) an order restricting public access to the trial,

(iii) reporting restrictions, in particular under sections 45, 45A or 46 of the Youth Justice and Criminal Evidence Act 1999³³¹,

(iv) a direction for a special measure under section 19 of the Youth Justice and Criminal Evidence Act 1999,

(v) introduction of the witness’ written statement as hearsay evidence, under section 116 of the Criminal Justice Act 2003³³², or

(vi) arrangements for the protection of the witness;

(e) attach to the application—

(i) a witness statement setting out the proposed evidence, edited in such a way as not to reveal the witness’ identity,

(ii) where the prosecutor is the applicant, any further prosecution evidence to be served, and any further prosecution material to be disclosed under the Criminal Procedure and Investigations Act 1996, similarly edited, and

(iii) any defence statement that has been served, or as much information as may be available to the applicant that gives particulars of the defence; and

(f) ask for a hearing, if the applicant wants one.

(2) At any hearing of the application, the applicant must—

(a) identify the witness to the court, unless at the prosecutor’s request the court otherwise directs; and

(b) present to the court, unless it otherwise directs—

(i) the unedited witness statement from which the edited version has been prepared,

(ii) where the prosecutor is the applicant, the unedited version of any further prosecution evidence or material from which an edited version has been prepared, and

(iii) such further material as the applicant relies on to establish that the proposed order meets the conditions prescribed by section 88 of the 2009 Act.

(3) At any such hearing—

(a) the general rule is that the court must consider, in the following sequence—

(i) representations first by the applicant and then by each other party, in all the parties’ presence, and then

(ii) information withheld from a defendant, and further representations by the applicant, in the absence of any (or any other) defendant; but

(b) the court may direct other arrangements for the hearing.

(4) Before the witness gives evidence, the applicant must identify the witness to the court—

(a) if not already done;

(b) without revealing the witness’ identity to any other party or person; and

Duty of court officer to notify the Director of Public Prosecutions

18.20

The court officer must notify the Director of Public Prosecutions of an application, unless the prosecutor is, or acts on behalf of, a public authority.

Application to vary or discharge a witness anonymity order

18.21

(1) A party who wants the court to vary or discharge a witness anonymity order, or a witness who wants the court to do so when the case is over, must—

(a) apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(2) The applicant must—

(a) explain what material circumstances have changed since the order was made (or last varied, if applicable);

(b) explain why the order should be varied or discharged, taking account of the conditions for making an order; and

(3) Where an application includes information that the applicant thinks might reveal the witness’ identity, the applicant must—

(a) omit that information from the application that is served on a defendant;

(b) mark the information to show that it is only for the court and the prosecutor (if the prosecutor is not the applicant); and

(4) Where a party applies to vary or discharge a witness anonymity order after the trial and any appeal are over, the party who introduced the witness’ evidence must serve the application on the witness.

[Note. Under sections 91, 92 and 93 of the Coroners and Justice Act 2009, the court can vary or discharge a witness anonymity order—

(a) on an application, if there has been a material change of circumstances since it was made or previously varied; or

(b) on the court’s own initiative, unless the trial and any appeal are over.]

Representations in response

18.22

(1) This rule applies where a party or, where the case is over, a witness, wants to make representations about—

(a) an application for a witness anonymity order;

(b) an application for the variation or discharge of such an order; or

(2) Such a party or witness must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party;

(b) do so not more than 14 days after, as applicable—

(i) service of the application, or

(ii) notice of the variation or discharge that the court proposes; and

(3) Where representations include information that the person making them thinks might reveal the witness’ identity, that person must—

(a) omit that information from the representations served on a defendant;

(b) mark the information to show that it is only for the court (and for the prosecutor, if relevant); and

(4) Representations against a witness anonymity order must explain why the conditions for making the order are not met.

(5) Representations against the variation or discharge of such an order must explain why it would not be appropriate to vary or discharge it, taking account of the conditions for making an order.

(6) A prosecutor’s representations in response to an application by a defendant must include all information available to the prosecutor that is relevant to the conditions and considerations specified by sections 88 and 89 of the Coroners and Justice Act 2009.

LIVE LINK DIRECTIONS

[Note. The rules in this Section do not apply to an application for a special measures direction allowing a witness to give evidence by live link: as to which, see rules 18.8 to 18.13.]

Exercise of court's powers

18.23

The court may decide whether to give or discharge a live link direction—

(a) at a hearing, in public or in private, or without a hearing;

(b) in a party’s absence, if that party—

(i) applied for the direction or discharge, or

(ii) has had at least 14 days in which to make representations in response to an application by another party.

Content of application for a live link direction

18.24

An applicant for a live link direction must—

(a) unless the court otherwise directs, identify the place from which the witness will give evidence;

(b) if that place is in the United Kingdom, explain why it would be in the interests of the efficient or effective administration of justice for the witness to give evidence by live link;

(i) name that person, if possible, and

(ii) explain why it is appropriate for the witness to be accompanied;

(d) ask for a hearing, if the applicant wants one, and explain why it is needed.

[Note. See section 32 of the Criminal Justice Act 1988³³³and section 51 of the Criminal Justice Act 2003³³⁴.

Application to discharge a live link direction

18.25

(1) A party who wants the court to discharge a live link direction must—

(a) apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(2) The applicant must—

(a) explain what material circumstances have changed since the direction was given;

(b) explain why it is in the interests of justice to discharge the direction; and

[Note. See section 32(4) of the Criminal Justice Act 1988³³⁵and section 52(3) of the Criminal Justice Act 2003³³⁶.]

Representations in response

18.26

(1) This rule applies where a party wants to make representations about an application for a live link direction or for the discharge of such a direction.

(2) Such a party must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party;

(b) do so not more than 14 days after service of the application; and—

(3) Representations against a direction or discharge must explain, as applicable, why the conditions prescribed by the Criminal Justice Act 1988 or the Criminal Justice Act 2003 are not met.

PART 19 — EXPERT EVIDENCE

Contents of this Part

When this Part applies	rule 19.1
Expert's duty to the court	rule 19.2
Introduction of expert evidence	rule 19.3
Content of expert's report	rule 19.4
Expert to be informed of service of report	rule 19.5
Pre-hearing discussion of expert evidence	rule 19.6
Court's power to direct that evidence is to be given by
a single joint expert	rule 19.7
Instructions to a single joint expert	rule 19.8
Court's power to vary requirements under this Part	rule 19.9

When this Part applies

19.1

(1) This Part applies where a party wants to introduce expert opinion evidence.

(2) A reference to an ‘expert’ in this Part is a reference to a person who is required to give or prepare expert evidence for the purpose of criminal proceedings, including evidence required to determine fitness to plead or for the purpose of sentencing.

[Note. Expert medical evidence may be required to determine fitness to plead under section 4 of the Criminal Procedure (Insanity) Act 1964³⁴⁵. It may be required also under section 11 of the Powers of Criminal Courts (Sentencing) Act 2000³⁴⁶, under Part III of the Mental Health Act 1983³⁴⁷or under Part 12 of the Criminal Justice Act 2003³⁴⁸. Those Acts contain requirements about the qualification of medical experts.]

Expert's duty to the court

19.2

(1) An expert must help the court to achieve the overriding objective—

(a) by giving opinion which is—

(i) objective and unbiased, and

(ii) within the expert’s area or areas of expertise; and

(b) by actively assisting the court in fulfilling its duty of case management under rule 3.2, in particular by—

(i) complying with directions made by the court, and

(ii) at once informing the court of any significant failure (by the expert or another) to take any step required by such a direction.

(2) This duty overrides any obligation to the person from whom the expert receives instructions or by whom the expert is paid.

(3) This duty includes obligations—

(a) to define the expert’s area or areas of expertise—

(i) in the expert’s report, and

(ii) when giving evidence in person;

(b) when giving evidence in person, to draw the court’s attention to any question to which the answer would be outside the expert’s area or areas of expertise; and

(c) to inform all parties and the court if the expert’s opinion changes from that contained in a report served as evidence or given in a statement.

Introduction of expert evidence

19.3

(1) A party who wants another party to admit as fact a summary of an expert’s conclusions must serve that summary—

(a) on the court officer and on each party from whom that admission is sought;

(b) as soon as practicable after the defendant whom it affects pleads not guilty.

(2) A party on whom such a summary is served must—

(a) serve a response stating—

(i) which, if any, of the expert’s conclusions are admitted as fact, and

(ii) where a conclusion is not admitted, what are the disputed issues concerning that conclusion; and

(b) serve the response—

(i) on the court officer and on the party who served the summary,

(ii) as soon as practicable, and in any event not more than 14 days after service of the summary.

(3) A party who wants to introduce expert evidence otherwise than as admitted fact must—

(a) serve a report by the expert which complies with rule 19.4 (Content of expert’s report) on—

(i) the court officer, and

(ii) each other party;

(b) serve the report as soon as practicable, and in any event with any application in support of which that party relies on that evidence;

(c) serve with the report notice of anything of which the party serving it is aware which might reasonably be thought capable of detracting substantially from the credibility of that expert;

(d) if another party so requires, give that party a copy of, or a reasonable opportunity to inspect—

(i) a record of any examination, measurement, test or experiment on which the expert’s findings and opinion are based, or that were carried out in the course of reaching those findings and opinion, and

(ii) anything on which any such examination, measurement, test or experiment was carried out.

(4) Unless the parties otherwise agree or the court directs, a party may not—

(a) introduce expert evidence if that party has not complied with paragraph (3);

(b) introduce in evidence an expert report if the expert does not give evidence in person.

[Note. A party who accepts another party’s expert’s conclusions may admit them as fact under section 10 of the Criminal Justice Act 1967³⁴⁹.

Content of expert's report

19.4

Where rule 19.3(3) applies, an expert’s report must—

(a) give details of the expert’s qualifications, relevant experience and accreditation;

(b) give details of any literature or other information which the expert has relied on in making the report;

(c) contain a statement setting out the substance of all facts given to the expert which are material to the opinions expressed in the report, or upon which those opinions are based;

(d) make clear which of the facts stated in the report are within the expert’s own knowledge;

(e) say who carried out any examination, measurement, test or experiment which the expert has used for the report and—

(i) give the qualifications, relevant experience and accreditation of that person,

(ii) say whether or not the examination, measurement, test or experiment was carried out under the expert’s supervision, and

(iii) summarise the findings on which the expert relies;

(f) where there is a range of opinion on the matters dealt with in the report—

(i) summarise the range of opinion, and

(ii) give reasons for the expert’s own opinion;

(g) if the expert is not able to give an opinion without qualification, state the qualification;

(h) include such information as the court may need to decide whether the expert’s opinion is sufficiently reliable to be admissible as evidence;

(i) contain a summary of the conclusions reached;

(j) contain a statement that the expert understands an expert’s duty to the court, and has complied and will continue to comply with that duty; and

(k) contain the same declaration of truth as a witness statement.

[Note. Part 16 contains rules about written witness statements. Declarations of truth in witness statements are required by section 9 of the Criminal Justice Act 1967³⁵³. Evidence of examinations etc. on which an expert relies may be admissible under section 127 of the Criminal Justice Act 2003³⁵⁴.]

Expert to be informed of service of report

19.5

A party who serves on another party or on the court a report by an expert must, at once, inform that expert of that fact.

Pre-hearing discussion of expert evidence

19.6

(1) This rule applies where more than one party wants to introduce expert evidence.

(2) The court may direct the experts to—

(a) discuss the expert issues in the proceedings; and

(b) prepare a statement for the court of the matters on which they agree and disagree, giving their reasons.

(3) Except for that statement, the content of that discussion must not be referred to without the court’s permission.

(4) A party may not introduce expert evidence without the court’s permission if the expert has not complied with a direction under this rule.

[Note. At a pre-trial hearing, a court may make binding rulings about the admissibility of evidence and about questions of law under section 9 of the Criminal Justice Act 1987³⁵⁵; sections 31 and 40 of the Criminal Procedure and Investigations Act 1996³⁵⁶; and section 8A of the Magistrates’ Courts Act 1980³⁵⁷.]

Court's power to direct that evidence is to be given by a single joint expert

19.7

(1) Where more than one defendant wants to introduce expert evidence on an issue at trial, the court may direct that the evidence on that issue is to be given by one expert only.

(2) Where the co-defendants cannot agree who should be the expert, the court may—

(a) select the expert from a list prepared or identified by them; or

(b) direct that the expert be selected in another way.

Instructions to a single joint expert

19.8

(1) Where the court gives a direction under rule 19.7 for a single joint expert to be used, each of the co-defendants may give instructions to the expert.

(2) A co-defendant who gives instructions to the expert must, at the same time, send a copy of the instructions to each other co-defendant.

(3) The court may give directions about—

(a) the payment of the expert’s fees and expenses; and

(b) any examination, measurement, test or experiment which the expert wishes to carry out.

(4) The court may, before an expert is instructed, limit the amount that can be paid by way of fees and expenses to the expert.

(5) Unless the court otherwise directs, the instructing co-defendants are jointly and severally liable for the payment of the expert’s fees and expenses.

Court's power to vary requirements under this Part

19.9

(1) The court may extend (even after it has expired) a time limit under this Part.

(2) A party who wants an extension of time must—

(a) apply when serving the report, summary or notice for which it is required; and

(b) explain the delay.

PART 20 — HEARSAY EVIDENCE

Contents of this Part

When this Part applies	rule 20.1
Notice to introduce hearsay evidence	rule 20.2
Opposing the introduction of hearsay evidence	rule 20.3
Unopposed hearsay evidence	rule 20.4
Court's power to vary requirements under this Part	rule 20.5

When this Part applies

20.1

This Part applies—

(a) in a magistrates’ court and in the Crown Court;

(b) where a party wants to introduce hearsay evidence, within the meaning of section 114 of the Criminal Justice Act 2003³⁵⁸.

[Note. Under section 114 of the Criminal Justice Act 2003, a statement not made in oral evidence is admissible as evidence of any matter stated if—

(a) a statutory provision makes it admissible;

(b) a rule of law preserved by section 118 makes it admissible;

(d) it is in the interests of justice for it to be admissible.

Notice to introduce hearsay evidence

20.2

(1) This rule applies where a party wants to introduce hearsay evidence for admission under any of the following sections of the Criminal Justice Act 2003—

(a) section 114(1)(d) (evidence admissible in the interests of justice);

(b) section 116 (evidence where a witness is unavailable);

(d) section 121 (multiple hearsay).

(2) That party must—

(a) serve notice on—

(i) the court officer, and

(ii) each other party;

(b) in the notice—

(i) identify the evidence that is hearsay,

(ii) set out any facts on which that party relies to make the evidence admissible,

(iii) explain how that party will prove those facts if another party disputes them, and

(iv) explain why the evidence is admissible; and

(3) A prosecutor who wants to introduce such evidence must serve the notice not more than—

(a) 28 days after the defendant pleads not guilty, in a magistrates’ court; or

(b) 14 days after the defendant pleads not guilty, in the Crown Court.

(4) A defendant who wants to introduce such evidence must serve the notice as soon as reasonably practicable.

(5) A party entitled to receive a notice under this rule may waive that entitlement by so informing—

(a) the party who would have served it; and

(b) the court.

[Note. The Practice Direction sets out a form of notice for use in connection with this rule.

Opposing the introduction of hearsay evidence

20.3

(1) This rule applies where a party objects to the introduction of hearsay evidence.

(2) That party must—

(a) apply to the court to determine the objection;

(b) serve the application on—

(i) the court officer, and

(ii) each other party;

(i) service of notice to introduce the evidence under rule 20.2,

(ii) service of the evidence to which that party objects, if no notice is required by that rule, or

(iii) the defendant pleads not guilty

whichever of those events happens last; and

(d) in the application, explain—

(i) which, if any, facts set out in a notice under rule 20.2 that party disputes,

(ii) why the evidence is not admissible, and

(iii) any other objection to the evidence.

(3) The court—

(a) may determine an application—

(i) at a hearing, in public or in private, or

(ii) without a hearing;

(b) must not determine the application unless the party who served the notice—

(i) is present, or

(ii) has had a reasonable opportunity to respond;

(d) may discharge or vary a determination where it can do so under—

(i) section 8B of the Magistrates’ Courts Act 1980³⁶⁰ (ruling at pre-trial hearing in a magistrates’ court), or

(ii) section 9 of the Criminal Justice Act 1987³⁶¹, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996³⁶² (ruling at preparatory or other pre-trial hearing in the Crown Court).

Unopposed hearsay evidence

20.4

(1) This rule applies where—

(a) a party has served notice to introduce hearsay evidence under rule 20.2; and

(b) no other party has applied to the court to determine an objection to the introduction of the evidence.

(2) The court must treat the evidence as if it were admissible by agreement.

[Note. Under section 132(4) of the Criminal Justice Act 2003, rules may provide that evidence is to be treated as admissible by agreement of the parties if notice to introduce that evidence has not been opposed.]

Court's power to vary requirements under this Part

20.5

(1) The court may—

(a) shorten or extend (even after it has expired) a time limit under this Part;

(b) allow an application or notice to be in a different form to one set out in the Practice Direction, or to be made or given orally;

(2) A party who wants an extension of time must—

(a) apply when serving the application or notice for which it is needed; and

(b) explain the delay.

PART 21 — EVIDENCE OF BAD CHARACTER

Contents of this Part

When this Part applies	rule 21.1
Content of application or notice	rule 21.2
Application to introduce evidence of a non-defendant's bad character	rule 21.3
Notice to introduce evidence of a defendant's bad character	rule 21.4
Reasons for decisions	rule 21.5
Court's power to vary requirements under this Part	rule 21.6

When this Part applies

21.1

This Part applies—

(a) in a magistrates’ court and in the Crown Court;

(b) where a party wants to introduce evidence of bad character, within the meaning of section 98 of the Criminal Justice Act 2003³⁶³.

[Note. Under section 98 of the Criminal Justice Act 2003, evidence of a person’s bad character means evidence of, or of a disposition towards, misconduct on that person’s part, other than evidence that—

(a) has to do with the alleged facts of the offence; or

(b) is evidence of misconduct in connection with the investigation or prosecution.

Content of application or notice

21.2

(1) A party who wants to introduce evidence of bad character must—

(a) make an application under rule 21.3, where it is evidence of a non-defendant’s bad character;

(b) give notice under rule 21.4, where it is evidence of a defendant’s bad character.

(2) An application or notice must—

(a) set out the facts of the misconduct on which that party relies,

(b) explain how that party will prove those facts (whether by certificate of conviction, other official record, or other evidence), if another party disputes them, and

[Note. The Practice Direction sets out forms of application and notice for use in connection with rules 21.3 and 21.4.

Application to introduce evidence of a non-defendant's bad character

21.3

(1) This rule applies where a party wants to introduce evidence of the bad character of a person other than the defendant.

(2) That party must serve an application to do so on—

(a) the court officer; and

(b) each other party.

(3) The applicant must serve the application—

(a) as soon as reasonably practicable; and in any event

(b) not more than 14 days after the prosecutor discloses material on which the application is based (if the prosecutor is not the applicant).

(4) A party who objects to the introduction of the evidence must—

(a) serve notice on—

(i) the court officer, and

(ii) each other party

not more than 14 days after service of the application; and

(b) in the notice explain, as applicable—

(i) which, if any, facts of the misconduct set out in the application that party disputes,

(ii) what, if any, facts of the misconduct that party admits instead,

(iii) why the evidence is not admissible, and

(iv) any other objection to the application.

(5) The court—

(a) may determine an application—

(i) at a hearing, in public or in private, or

(ii) without a hearing;

(b) must not determine the application unless each party other than the applicant—

(i) is present, or

(ii) has had at least 14 days in which to serve a notice of objection;

(d) may discharge or vary a determination where it can do so under—

(i) section 8B of the Magistrates’ Courts Act 1980³⁶⁷ (ruling at pre-trial hearing in a magistrates’ court), or

(ii) section 9 of the Criminal Justice Act 1987³⁶⁸, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996³⁶⁹ (ruling at preparatory or other pre-trial hearing in the Crown Court).

[Note. The Practice Direction sets out a form of application for use in connection with this rule.

Notice to introduce evidence of a defendant's bad character

21.4

(1) This rule applies where a party wants to introduce evidence of a defendant’s bad character.

(2) That party must serve notice on—

(a) the court officer; and

(b) each other party.

(3) A prosecutor who wants to introduce such evidence must serve the notice not more than—

(a) 28 days after the defendant pleads not guilty, in a magistrates’ court; or

(b) 14 days after the defendant pleads not guilty, in the Crown Court.

(4) A co-defendant who wants to introduce such evidence must serve the notice—

(a) as soon as reasonably practicable; and in any event

(b) not more than 14 days after the prosecutor discloses material on which the notice is based.

(5) A party who objects to the introduction of the evidence must—

(a) apply to the court to determine the objection;

(b) serve the application on—

(i) the court officer, and

(ii) each other party

not more than 14 days after service of the notice; and

(i) which, if any, facts of the misconduct set out in the notice that party disputes,

(ii) what, if any, facts of the misconduct that party admits instead,

(iii) why the evidence is not admissible,

(iv) why it would be unfair to admit the evidence, and

(v) any other objection to the notice.

(6) The court—

(a) may determine an application—

(i) at a hearing, in public or in private, or

(ii) without a hearing;

(b) must not determine the application unless the party who served the notice—

(i) is present, or

(ii) has had a reasonable opportunity to respond;

(d) may discharge or vary a determination where it can do so under—

(i) section 8B of the Magistrates’ Courts Act 1980 (ruling at pre-trial hearing in a magistrates’ court), or

(ii) section 9 of the Criminal Justice Act 1987, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996 (ruling at preparatory or other pre-trial hearing in the Crown Court).

(7) A party entitled to receive a notice may waive that entitlement by so informing—

(a) the party who would have served it; and

(b) the court.

[Note. The Practice Direction sets out a form of notice for use in connection with this rule.

Reasons for decisions

21.5

The court must announce at a hearing in public (but in the absence of the jury, if there is one) the reasons for a decision—

(a) to admit evidence as evidence of bad character, or to refuse to do so; or

(b) to direct an acquittal or a retrial under section 107 of the Criminal Justice Act 2003.

[Note. See section 110 of the Criminal Justice Act 2003.]

Court's power to vary requirements under this Part

21.6

(1) The court may—

(a) shorten or extend (even after it has expired) a time limit under this Part;

(b) allow an application or notice to be in a different form to one set out in the Practice Direction, or to be made or given orally;

(2) A party who wants an extension of time must—

(a) apply when serving the application or notice for which it is needed; and

(b) explain the delay.

PART 22 — EVIDENCE OF A COMPLAINANT'S PREVIOUS SEXUAL BEHAVIOUR

Contents of this Part

When this Part applies	rule 22.1
Application for permission
to introduce evidence or cross-examine	rule 22.2
Content of application	rule 22.3
Service of application	rule 22.4
Reply to application	rule 22.5
Application for special measures	rule 22.6
Court's power to vary requirements under this Part	rule 22.7

When this Part applies

22.1

This Part applies in magistrates’ courts and in the Crown Court where a defendant wants to—

(a) introduce evidence; or

(b) cross-examine a witness,

about a complainant’s sexual behaviour despite the prohibition in section 41 of the Youth Justice and Criminal Evidence Act 1999³⁷⁰.

[Note: Section 41 of the Youth Justice and Criminal Evidence Act 1999 prohibits evidence or cross-examination about the sexual behaviour of a complainant of a sexual offence, subject to exceptions.

Application for permission to introduce evidence or cross-examine

22.2

The defendant must apply for permission to do so—

(a) in writing; and

(b) not more than 28 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996³⁷³ (disclosure by prosecutor).

[Note. See Part 3 for the court’s general powers to consider an application with or without a hearing and to give directions.

Content of application

22.3

The application must—

(a) identify the issue to which the defendant says the complainant’s sexual behaviour is relevant;

(b) give particulars of—

(i) any evidence that the defendant wants to introduce, and

(ii) any questions that the defendant wants to ask;

(c) identify the exception to the prohibition in section 41 of the Youth Justice and Criminal Evidence Act 1999 on which the defendant relies; and

(d) give the name and date of birth of any witness whose evidence about the complainant’s sexual behaviour the defendant wants to introduce.

Service of application

22.4

The defendant must serve the application on the court officer and all other parties.

Reply to application

22.5

A party who wants to make representations about an application under rule 22.2 must—

(a) do so in writing not more than 14 days after receiving it; and

(b) serve those representations on the court officer and all other parties.

Application for special measures

22.6

If the court allows an application under rule 22.2 then—

(a) a party may apply not more than 14 days later for a special measures direction or for the variation of an existing special measures direction; and

(b) the court may shorten the time for opposing that application.

[Note. Special measures to improve the quality of evidence given by certain witnesses may be directed by the court under section 19 of the Youth Justice and Criminal Evidence Act 1999 and varied under section 20³⁷⁷. An application for a special measures direction may be made by a party under Part 18 or the court may make a direction on its own initiative. Rule 18.13(2) sets the usual time limit (14 days) for opposing a special measures application.]

Court's power to vary requirements under this Part

22.7

The court may shorten or extend (even after it has expired) a time limit under this Part.

PART 23 — RESTRICTION ON CROSS-EXAMINATION BY A DEFENDANT

Contents of this Part

General rules
When this Part applies	rule 23.1
Appointment of advocate to cross-examine witness	rule 23.2

Application to prohibit cross-examination
Exercise of court's powers	rule 23.3
Application to prohibit cross-examination	rule 23.4
Application to discharge prohibition imposed by the court	rule 23.5
Application containing information withheld from another party	rule 23.6
Representations in response	rule 23.7
Court's power to vary requirements	rule 23.8

GENERAL RULES

When this Part applies

23.1

This Part applies where—

(a) a defendant may not cross-examine in person a witness because of section 34 or section 35 of the Youth Justice and Criminal Evidence Act 1999³⁷⁸ (Complainants in proceedings for sexual offences; Child complainants and other child witnesses);

(b) the court can prohibit a defendant from cross-examining in person a witness under section 36 of that Act³⁷⁹ (Direction prohibiting accused from cross-examining particular witness).

[Note. Under section 34 of the Youth Justice and Criminal Evidence Act 1999, no defendant charged with a sexual offence may cross-examine in person a witness who is the complainant, either—

(a) in connection with that offence; or

(b) in connection with any other offence (of whatever nature) with which that defendant is charged in the proceedings.

Appointment of advocate to cross-examine witness

23.2

(1) This rule applies where a defendant may not cross-examine in person a witness in consequence of—

(a) the prohibition imposed by section 34 or section 35 of the Youth Justice and Criminal Evidence Act 1999; or

(b) a prohibition imposed by the court under section 36 of the 1999 Act.

(2) The court must, as soon as practicable, explain in terms the defendant can understand (with help, if necessary)—

(a) the prohibition and its effect;

(b) that the defendant is entitled to arrange for a lawyer with a right of audience in the court to cross-examine the witness on his or her behalf;

(c) that the defendant must notify the court officer of the identity of any such lawyer, with details of how to contact that person, by no later than a date set by the court;

(d) that if the defendant does not want to make such arrangements, or if the defendant gives no such notice by that date, then—

(i) the court must decide whether it is necessary in the interests of justice to appoint such a lawyer to cross-examine the witness for the defendant, and

(ii) if the court decides that that is necessary, the court will appoint a lawyer chosen by the court.

(3) Having given those explanations, the court must—

(a) ask whether the defendant wants to arrange for a lawyer to cross-examine the witness, and set a date by when the defendant must notify the court officer of the identity of that lawyer if the answer to that question is ‘yes’;

(b) if the answer to that question is ‘no’, or if by the date set the defendant has given no such notice—

(i) decide whether it is necessary in the interests of justice for the witness to be cross-examined by an advocate appointed to represent the defendant’s interests, and

(ii) if the court decides that that is necessary, give directions for the appointment of such an advocate.

(4) Where an advocate is appointed by the court—

(a) the directions that the court gives under paragraph (3)(b)(ii) must provide for the material to be supplied to that advocate, including by whom and when it must be supplied; and

(b) the appointment terminates at the conclusion of the cross-examination of the witness.

(5) The court may give the explanations and ask the questions required by this rule—

(a) at a hearing, in public or in private; or

(b) without a hearing, by written notice to the defendant.

(6) The court may extend (even after it has expired) the time limit that it sets under paragraph (3)(a)—

(a) on application by the defendant; or

(b) on its own initiative.

[Note. See section 38 of the Youth Justice and Criminal Evidence Act 1999³⁸⁰. Under section 38(8) the references in that section to a ‘legal representative’ are to a representative who is an advocate within the meaning of rule 2.2.]

APPLICATION TO PROHIBIT CROSS-EXAMINATION

Exercise of court's powers

23.3

(1) The court may decide whether to impose or discharge a prohibition against cross-examination under section 36 of the Youth Justice and Criminal Evidence Act 1999—

(a) at a hearing, in public or in private, or without a hearing;

(b) in a party’s absence, if that party—

(i) applied for the prohibition or discharge, or

(ii) has had at least 14 days in which to make representations.

(2) The court must announce, at a hearing in public before the witness gives evidence, the reasons for a decision—

(a) to impose or discharge such a prohibition; or

(b) to refuse to do so.

[Note. See section 37 of the Youth Justice and Criminal Evidence Act 1999³⁸¹.]

Application to prohibit cross-examination

23.4

(1) This rule applies where under section 36 of the Youth Justice and Criminal Evidence Act 1999 the prosecutor wants the court to prohibit the cross-examination of a witness by a defendant in person.

(2) The prosecutor must—

(a) apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b) serve the application on—

(i) the court officer,

(ii) the defendant who is the subject of the application, and

(iii) any other defendant, unless the court otherwise directs.

(3) The application must—

(a) report any views that the witness has expressed about whether he or she is content to be cross-examined by the defendant in person;

(b) identify—

(i) the nature of the questions likely to be asked, having regard to the issues in the case,

(ii) any relevant behaviour of the defendant at any stage of the case, generally and in relation to the witness,

(iii) any relationship, of any nature, between the witness and the defendant,

(iv) any other defendant in the case who is subject to such a prohibition in respect of the witness, and

(v) any special measures direction made in respect of the witness, or for which an application has been made;

(i) is likely to be diminished if no such prohibition is imposed, and

(ii) would be likely to be improved if it were imposed; and

(d) explain why it would not be contrary to the interests of justice to impose the prohibition.

[Note. The Practice Direction sets out a form of application for use in connection with this rule.]

Application to discharge prohibition imposed by the court

23.5

(1) A party who wants the court to discharge a prohibition against cross-examination which the court imposed under section 36 of the Youth Justice and Criminal Evidence Act 1999 must—

(a) apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(2) The applicant must—

(a) explain what material circumstances have changed since the prohibition was imposed; and

(b) ask for a hearing, if the applicant wants one, and explain why it is needed.

[Note. Under section 37 of the Youth Justice and Criminal Evidence Act 1999, the court can discharge a prohibition against cross-examination which it has imposed—

(a) on application, if there has been a material change of circumstances; or

(b) on its own initiative.

Application containing information withheld from another party

23.6

(1) This rule applies where—

(a) an applicant serves an application for the court to impose a prohibition against cross-examination, or for the discharge of such a prohibition; and

(b) the application includes information that the applicant thinks ought not be revealed to another party.

(2) The applicant must—

(a) omit that information from the part of the application that is served on that other party;

(b) mark the other part to show that, unless the court otherwise directs, it is only for the court; and

(3) Any hearing of an application to which this rule applies—

(a) must be in private, unless the court otherwise directs; and

(b) if the court so directs, may be, wholly or in part, in the absence of a party from whom information has been withheld.

(4) At any hearing of an application to which this rule applies—

(a) the general rule is that the court must consider, in the following sequence—

(i) representations first by the applicant and then by each other party, in all the parties’ presence, and then

(ii) further representations by the applicant, in the absence of a party from whom information has been withheld; but

(b) the court may direct other arrangements for the hearing.

[Note. See section 37 of the Youth Justice and Criminal Evidence Act 1999.]

Representations in response

23.7

(1) This rule applies where a party wants to make representations about—

(a) an application under rule 23.4 for a prohibition against cross-examination;

(b) an application under rule 23.5 for the discharge of such a prohibition; or

(2) Such a party must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party;

(b) do so not more than 14 days after, as applicable—

(i) service of the application, or

(ii) notice of the prohibition or discharge that the court proposes; and

(3) Representations against a prohibition must explain in what respect the conditions for imposing it are not met.

(4) Representations against the discharge of a prohibition must explain why it should not be discharged.

(5) Where representations include information that the person making them thinks ought not be revealed to another party, that person must—

(a) omit that information from the representations served on that other party;

(b) mark the information to show that, unless the court otherwise directs, it is only for the court; and

Court's power to vary requirements

23.8

(1) The court may—

(a) shorten or extend (even after it has expired) a time limit under rule 23.4 (Application to prohibit cross-examination), rule 23.5 (Application to discharge prohibition imposed by the court) or rule 23.7 (Representations in response); and

(b) allow an application or representations required by any of those rules to be made in a different form to one set out in the Practice Direction, or 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.

PART 24 — TRIAL AND SENTENCE IN A MAGISTRATES' COURT

Contents of this Part

When this Part applies	rule 24.1
General rules	rule 24.2
Procedure on plea of not guilty	rule 24.3
Evidence of a witness in person	rule 24.4
Evidence of a witness in writing	rule 24.5
Evidence by admission	rule 24.6
Procedure on plea of guilty	rule 24.7
Written guilty plea: special rules	rule 24.8
Single justice procedure: special rules	rule 24.9
Application to withdraw a guilty plea	rule 24.10
Procedure if the court convicts	rule 24.11
Procedure where a party is absent	rule 24.12
Provision of documents for the court	rule 24.13
Place of trial	rule 24.14
Duty of justices' legal adviser	rule 24.15
Duty of court officer	rule 24.16
Statutory declaration of ignorance of proceedings	rule 24.17
Setting aside a conviction or varying a costs, etc. order	rule 24.18

[Note. Part 3 contains rules about case management that apply at trial as well as during preparation for trial. The rules in this Part must be read in conjunction with those rules.]

When this Part applies

24.1

(1) This Part applies in a magistrates’ court where—

(a) the court tries a case;

(b) the defendant pleads guilty;

(c) under section 14 or section 16E of the Magistrates’ Courts Act 1980³⁸², the defendant makes a statutory declaration of not having found out about the case until after the trial began;

(d) under section 142 of the 1980 Act³⁸³, the court can—

(i) set aside a conviction, or

(ii) vary or rescind a costs order, or an order to which Part 31 applies (Behaviour orders).

(2) Where the defendant is under 18, in this Part—

(a) a reference to convicting the defendant includes a reference to finding the defendant guilty of an offence; and

(b) a reference to sentence includes a reference to an order made on a finding of guilt.

[Note. A magistrates’ court’s powers to try an allegation of an offence are contained in section 2 of the Magistrates’ Courts Act 1980³⁸⁴. In relation to a defendant under 18, they are contained in sections 45, 46 and 48 of the Children and Young Persons Act 1933³⁸⁵.

General rules

24.2

(1) Where this Part applies—

(a) the general rule is that the hearing must be in public; but

(b) the court may exercise any power it has to—

(i) impose reporting restrictions,

(ii) withhold information from the public, or

(iii) order a hearing in private; and

(i) the parties and their legal representatives,

(ii) a defendant’s parents, guardian or other supporting adult,

(iii) a witness,

(iv) anyone else directly concerned in the case, and

(v) a representative of a news-gathering or reporting organisation.

(2) Unless already done, the justices’ legal adviser or the court must—

(a) read the allegation of the offence to the defendant;

(b) explain, in terms the defendant can understand (with help, if necessary)—

(i) the allegation, and

(ii) what the procedure at the hearing will be;

(d) ask whether the defendant pleads guilty or not guilty; and

(e) take the defendant’s plea.

(3) The court may adjourn the hearing—

(a) at any stage, to the same or to another magistrates’ court; or

(b) to a youth court, where the court is not itself a youth court and the defendant is under 18.

(4) Paragraphs (1) and (2) of this rule do not apply where the court tries a case under rule 24.9 (Single justice procedure: special rules).

[Note. See sections 10, 16A, 27A, 29 and 121 of the Magistrates’ Courts Act 1980³⁹⁵and sections 46 and 47 of the Children and Young Persons Act 1933.

Procedure on plea of not guilty

24.3

(1) This rule applies—

(a) if the defendant has—

(i) entered a plea of not guilty, or

(ii) not entered a plea; or

(b) if, in either case, it appears to the court that there may be grounds for making a hospital order without convicting the defendant.

(2) If a not guilty plea was taken on a previous occasion, the justices’ legal adviser or the court must ask the defendant to confirm that plea.

(3) In the following sequence—

(a) the prosecutor may summarise the prosecution case, identifying the relevant law and facts;

(b) the prosecutor must introduce the evidence on which the prosecution case relies;

(i) may acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict, but

(ii) must not do so unless the prosecutor has had an opportunity to make representations;

(d) the justices’ legal adviser or the court must explain, in terms the defendant can understand (with help, if necessary)—

(i) the right to give evidence, and

(ii) the potential effect of not doing so at all, or of refusing to answer a question while doing so;

(e) the defendant may introduce evidence;

(f) a party may introduce further evidence if it is then admissible (for example, because it is in rebuttal of evidence already introduced);

(g) the prosecutor may make final representations in support of the prosecution case, where—

(i) the defendant is represented by a legal representative, or

(ii) whether represented or not, the defendant has introduced evidence other than his or her own; and

(h) the defendant may make final representations in support of the defence case.

(4) Where a party wants to introduce evidence or make representations after that party’s opportunity to do so under paragraph (3), the court—

(a) may refuse to receive any such evidence or representations; and

(b) must not receive any such evidence or representations after it has announced its verdict.

(5) If the court—

(a) convicts the defendant; or

(b) makes a hospital order instead of doing so,

it must give sufficient reasons to explain its decision.

(6) If the court acquits the defendant, it may—

(a) give an explanation of its decision; and

(b) exercise any power it has to make—

(i) a behaviour order,

(ii) a costs order.

[Note. See section 9 of the Magistrates’ Courts Act 1980³⁹⁷.

Evidence of a witness in person

24.4

(1) This rule applies where a party wants to introduce evidence by calling a witness to give that evidence in person.

(2) Unless the court otherwise directs—

(a) a witness waiting to give evidence must not wait inside the courtroom, unless that witness is—

(i) a party, or

(ii) an expert witness;

(b) a witness who gives evidence in the courtroom must do so from the place provided for that purpose; and

(3) Unless other legislation otherwise provides, before giving evidence a witness must take an oath or affirm.

(4) In the following sequence—

(a) the party who calls a witness must ask questions in examination-in-chief;

(b) every other party may ask questions in cross-examination;

(5) If other legislation so permits, at any time while giving evidence a witness may refer to a record of that witness’ recollection of events.

(6) The justices’ legal adviser or the court may—

(a) ask a witness questions; and in particular

(b) where the defendant is not represented, ask any question necessary in the defendant’s interests.

[Note. Section 53 of the Youth Justice and Criminal Evidence Act 1999⁴⁰²provides that everyone is competent to give evidence in criminal proceedings unless unable to understand questions put or give intelligible answers. See also section 1 of the Criminal Evidence Act 1898⁴⁰³.

Evidence of a witness in writing

24.5

(1) This rule applies where a party wants to introduce in evidence the written statement of a witness to which applies—

(a) Part 16 (Written witness statements);

(b) Part 19 (Expert evidence); or

(2) If the court admits such evidence—

(a) the court must read the statement; and

(b) unless the court otherwise directs, if any member of the public, including any reporter, is present, each relevant part of the statement must be read or summarised aloud.

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