The Criminal Procedure (Amendment No. 2) Rules 2022

• (c) the amendments in Parts 9 and 28 consequent upon new statutory provisions about sending a defendant back from the Crown Court to a magistrates’ court for trial, and remitting a defendant from the Crown Court to a magistrates’ court for sentence (see section 11 of the Judicial Review and Courts Act 2022);

• (d) the amendment in Part 26 consequent upon new statutory provisions about British Sign Language interpretation for deaf jurors (see section 196 of the Police, Crime, Sentencing and Courts Act 2022); and

• (e) the amendment to rule 9.2 that corrects an error.

The following come into force on 3rd October 2022—

• (a) the amendments in Part 2 about the powers of court officers;

• (b) the amendments in Part 3 about indictments on arraignment in the Crown Court;

• (c) the amendments in Part 5 about (i) court records, (ii) case materials, (iii) access to documents and recordings, and (iv) warnings about reporting or access restrictions;

• (d) the amendments in Part 7 about (i) declining to issue a summons, and (ii) identification of the prosecutor in a summons;

• (e) the amendments in Part 10 about indictments;

• (f) the amendments in Part 25 about (i) indictments for trial and sentencing, (ii) the resumption of trial after a defendant’s recovery from being unfit to be tried, and (iii) retention of written jury directions and other jury materials;

• (g) the amendments in Parts 29, 44 and the preamble to the Criminal Procedure Rules that are consequent upon the amendments in Part 2 about the powers of court officers;

• (h) the amendments in Part 31 that will provide for serious violence reduction orders and domestic abuse protection orders when those two new types of order become available, and additional requirements in football banning orders;

• (i) the amendments in Part 33 that accommodate applications for revised financial assessments in cases that began before 2002;

• (j) the amendments in Parts 34 and 39 that will accommodate appeals in connection with serious violence reduction orders and domestic abuse protection orders when those two new types of order become available;

• (k) the amendments in Part 35 about (i) the time limit for the court’s decision to state a case, and (ii) the duties of magistrates’ legal advisers;

• (l) the amendments in Part 45 about applications for costs from central funds; and

• (m) the amendments in Part 47 about overseas production orders.

Footnotes

[^f00001]: 2003 c. 39; section 69 was amended by sections 15(1) and 146 of, and paragraphs 308 and 332 of Schedule 4 and Part 2 of Schedule 18 to, the Constitutional Reform Act 2005 (c. 4).

[^f00002]: 1889 c. 10; section 2 was amended by section 59 of, and paragraph 15 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).

[^f00003]: S.I. 2020/759; amended by S.I. 2021/40, 2021/849, 2022/45.

[^f00004]: 2003 c. 44; section 51 was substituted by section 200 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

[^f00005]: 2003 c. 44; section 52 was substituted by paragraph 1 of Schedule 20 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

[^f00006]: 1889 c. 10; section 2 was amended by section 59 of, and paragraph 15 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).

[^f00007]: 2003 c. 44; section 52A was inserted by paragraph 1 of Schedule 20 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

[^f00008]: 2003 c. 44; section 51 was substituted by section 200 of, and section 52 was substituted by paragraph 1 of Schedule 20 to, the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

[^f00009]: 2003 c. 44; section 85A was inserted by section 198 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

[^f00010]: 2003 c. 44; section 53 was amended by paragraph 1 of Schedule 20 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

[^f00011]: 1960 c. 16; section 243 was amended by section 109 of, and paragraph 107 of Schedule 8 to, the Courts Act 2003 (c. 39) and paragraph 1 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00012]: 1971 c. 38; section 29(A1) was inserted by paragraph 2 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00013]: 1974 c. 24; paragraph 8(3) of the Schedule was amended by paragraph 3 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00014]: 1975 c. 51; paragraph 10 of Schedule 4 was amended by section 233 of, and paragraphs 1 and 17 of Schedule 16 to, the Marine and Coastal Access Act 2009 (c. 23), section 90 of, and paragraph 86 of Schedule 13 to, the Access to Justice Act 1999 (c. 22) and paragraph 4 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00015]: 1979 c. 58; section 5(1) was amended by paragraph 5 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00016]: 1980 c. 43; section 82(5F) was inserted by section 61 of the Criminal Justice Act 1988 (c. 33) and amended by paragraph 6 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00017]: 1981 c. 14; section 72 was amended by section 139 of, and Schedule 8 to, the Transport Act 1985 (c. 67) and paragraph 7 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00018]: 1984 c. 39; section 19(4A) was inserted by paragraph 8 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00019]: 1985 c. 72; section 83(4) was amended by paragraph 9 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00020]: 1988 c. 52; sections 164(10) and 172(7) were amended by paragraph 10 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00021]: 1988 c. 53; sections 1(1ZA) and 85(A2) were inserted, and sections 12(1) and (3), 16(6) and 25(7) were amended, by paragraph 11 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00022]: 1992 c. 42; section 35(7) was amended by paragraph 12 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00023]: 2000 c. 6; section 60(11) was amended by S.I. 2001/618 and S.I. 2005/866. Paragraph 5(3) of Schedule 5 was amended by S.I. 2005/866. Those two provisions and paragraph 4(5) of Schedule 5 all were amended by paragraph 13 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00024]: 2001 c. 16; section 27(1) was amended by paragraph 14 of Schedule 1 to the Judicial Review and Courts Act 2022 (c. 35).

[^f00025]: 1980 c. 43; sections 17A to 17C were inserted by section 49 of the Criminal Procedure and Investigations Act 1996 (c. 25). Sections 17A, 17D, 17E, 18 to 21 and 23 to 26 were amended or inserted by Schedule 3 to the Criminal Justice Act 2003 (c. 44). Sections 17A, 17D, 20, 20A, 24 and 24A were further amended by paragraphs 44, 45, 46, 47, 48 and 49 respectively of Schedule 24 to the Sentencing Act 2020 (c. 17). Section 19 was further amended by section 378 of, and paragraph 88 of Schedule 16 to, the Armed Forces Act 2006 (c. 52), sections 144, 177 and 178 of, and paragraph 4 of Schedule 17, paragraph 80 of Schedule 21 and Schedule 23 to, the Coroners and Justice Act 2009 (c. 25) and S.I. 2019/780. Section 22 was amended by sections 38 and 170 of, and Schedule 16 to, the Criminal Justice Act 1988 (c. 33), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53), section 2 of the Aggravated Vehicle-Taking Act 1992 (c. 11) and sections 46 and 168 of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c. 33). Section 22A was inserted by section 176 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and amended by section 52 of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00026]: 1998 c. 37; sections 50A to 52 were inserted or amended by Schedule 3 to the Criminal Justice Act 2003 (c. 44). Section 51 was further amended by section 52 of the Criminal Justice and Courts Act 2015 (c. 2). Section 51A was further amended by sections 49 and 65 of, and paragraph 5 of Schedule 1 and Schedule 5 to, the Violent Crime Reduction Act 2006 (c. 38) and paragraph 156 of Schedule 24 to the Sentencing Act 2020 (c. 17). Section 51B was further amended by section 50 of, and paragraph 69 of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 (c. 11), section 39 of, and paragraphs 46 and 48 of Schedule 5 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and S.I. 2014/834. Section 51C was further amended by S.I. 2006/244. Section 52 was further amended by section 177 of, and paragraph 78 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25).

[^f00027]: 1981 c. 54; section 46ZA was inserted by section 11 of the Judicial Review and Courts Act 2022 (c. 35).

[^f00028]: 1998 c. 37; paragraph 6 of Schedule 3 was amended by sections 90 and 106 of, and paragraph 179 of Schedule 13 and Schedule 15 to, the Access to Justice Act 1999 (c. 22), sections 41 of, and paragraphs 15 and 20 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), S.I. 2005/886 and paragraphs 20 and 23 of the Schedule to the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

[^f00029]: 1976 c. 63; section 5 was amended by section 65 of, and Schedule 12 to, the Criminal Law Act 1977 (c. 45), section 60 of the Criminal Justice Act 1982 (c. 48), paragraph 1 of Schedule 3 to the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 53 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 129(1) of the Criminal Justice and Police Act 2001 (c. 16), paragraph 182 of Schedule 8 to the Courts Act 2003 (c. 39), paragraph 48 of Schedule 3, paragraphs 1 and 2 of Schedule 36, and Parts 2, 4 and 12 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) and section 208 of, and paragraphs 33 and 35 of Schedule 21 to, the Legal Services Act 2007 (c. 27).

[^f00030]: 2020 c. 17; section 25 was amended and section 25A was inserted by section 11 of the Judicial Review and Courts Act 2022 (c. 35). Section 26 was amended by paragraph 14 of Schedule 2 to that 2022 Act.

[^f00031]: 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.

[^f00032]: 1999 c. 23.

[^f00033]: 2009 c. 25.

[^f00034]: 1964 c. 84; section 5A was inserted by section 24 of the Domestic Violence, Crime and Victims Act 2004 (c. 28), amended by section 15 of the Mental Health Act 2007 (c. 12) and repealed for certain purposes by paragraph 114 of Schedule 2 to the Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9).

[^f00035]: 1974 c. 23; section 9C was inserted by section 196 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

[^f00036]: 2020 c. 17; section 25A was inserted by section 11 of the Judicial Review and Courts Act 2022 (c. 35).

[^f00037]: 1981 c. 54; section 46ZA was inserted by section 11 of the Judicial Review and Courts Act 2022 (c. 35).

[^f00038]: 1998 c. 37; paragraph 6 of Schedule 3 was amended by sections 90 and 106 of, and paragraph 179 of Schedule 13 and Schedule 15 to, the Access to Justice Act 1999 (c. 22), sections 41 of, and paragraphs 15 and 20 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), S.I. 2005/886 and paragraphs 20 and 23 of the Schedule to the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

[^f00039]: 2020 c. 17; section 342A is inserted by section 165 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) with effect from a date to be appointed.

[^f00040]: 2021 c. 17; section 31 comes into force on a date to be appointed.

[^f00041]: 1997 c. 40; section 5A was inserted by section 12(5) of the Domestic Violence, Crime and Victims Act 2004 (c. 28) and amended by paragraph 144 of Schedule 24 to the Sentencing Act 2020 (c. 17).

[^f00042]: 2020 c. 17.

[^f00043]: 2021 c. 17; section 34 comes into force on a date to be appointed.

[^f00044]: 1998 c. 37; section 1I was inserted by section 143 of the Serious Organised Crime and Police Act 2005 (c. 15), amended by paragraph 72 of Schedule 21 and Part 3 of Schedule 23 to the Coroners and Justice Act 2009 (c. 25) and repealed for specified purposes by paragraph 24 of Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).

[^f00045]: 2016 c. 2.

[^f00046]: 2020 c. 17.

[^f00047]: 2021 c. 17; section 49 comes into force on a date to be appointed.

[^f00048]: 2021 c. 17; section 31 comes into force on a date to be appointed.

[^f00049]: 2021 c. 17; section 35 comes into force on a date to be appointed.

[^f00050]: 2021 c. 17; section 36 comes into force on a date to be appointed.

[^f00051]: 2021 c. 17; section 37 comes into force on a date to be appointed.

[^f00052]: 2020 c. 17; section 342I is inserted by section 165 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32) with effect from a date to be appointed.

[^f00053]: 2021 c. 17; section 46 comes into force on a date to be appointed.

[^f00054]: S.I. 1986/1335; relevant amending instruments are S.I. 1999/2096 and S.I. 2008/2448.

[^f00055]: S.I. 2008/1863.

[^f00056]: 1964 c. 84.

[^f00057]: 1968 c. 19; section 16A was inserted by section 25 of the Domestic Violence, Crime and Victims Act 2004 (c. 28).

[^f00058]: 1985 c. 23; section 16A was inserted by paragraphs 1 and 3 and Part 4 of Schedule 7 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and amended by S.I. 2014/130.

[^f00059]: 2003 c. 41; sections 62A and 62B were inserted by paragraphs 12 and 15 and Part 4 of Schedule 7 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and sections 135A and 135B were inserted by paragraphs 12 and 18 and Part 4 of that Schedule.

[^f00060]: S.I. 1986/1335; regulation 4A was inserted by regulations 4 and 5 of S.I. 2012/1804. Regulation 7 was substituted by regulations 4 and 6 of S.I. 2012/1804 and amended by S.I. 2013/2830.

[^f00061]: 1889 c. 10; section 2 was amended by section 59 of, and paragraph 15 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).