The Criminal Procedure (Amendment No. 2) Rules 2023

In rule 39.8 (Application for bail, or to suspend a disqualification or order, pending appeal or retrial), in paragraph (2) for “set out in” substitute “issued under”.

43

In rule 39.9 (Conditions of bail pending appeal or retrial), in each of paragraphs (3) and (5)(a) for “set out in” substitute “issued under”.

44

In rule 40.3 (Form of appeal notice), in paragraph (1) for “set out in” substitute “issued under”.

45

In rule 40.6 (Respondent’s notice on appeal against reporting restriction), in paragraph (5) for “set out in” substitute “issued under”.

46

In rule 42.10 (Appeal to the Supreme Court), in paragraph (1)(b) for “set out in” substitute “issued under”.

47

In rule 42.11 (Notice of appeal), in each of paragraphs (1) and (2) for “set out in” substitute “issued under”.

48

In rule 42.12 (Respondent’s notice), in paragraph (2) for “set out in” substitute “issued under”.

49

In rule 42.15 (Notice of appeal), in each of paragraphs (1) and (2) for “set out in” substitute “issued under”.

50

In rule 42.16 (Respondent’s notice), in paragraph (4) for “set out in” substitute “issued under”.

51

In rule 43.2 (Application for permission or reference), in paragraph (5) for “set out in” substitute “issued under”.

52

In rule 44.2 (Statutory declaration of ignorance of proceedings), in the note to the rule omit the final paragraph.

53

In rule 45.3 (Court’s power to vary requirements), in paragraph (1)(b) for “set out in” substitute “issued under”.

54

In rule 45.8 (Costs resulting from unnecessary or improper act, etc.), in the note to the rule omit the final paragraph.

55

In rule 45.9 (Costs against a legal representative), in the note to the rule omit the third paragraph.

56

In rule 45.10 (Costs against a third party), in the note to the rule omit the second paragraph.

57

In rule 45.12 (Appeal to a costs judge) omit the note to the rule.

58

In rule 47.10 (Application for a production order under the Police and Criminal Evidence Act 1984), in the note to the rule omit the final paragraph.

59

In rule 47.12 (Content of application for a production etc. order under the Terrorism Act 2000), in the note to the rule omit the final paragraph.

60

In rule 47.13 (Content of application for a disclosure order or further information order under the Terrorism Act 2000), in the note to the rule omit the final paragraph.

61

In rule 47.14 (Content of application for an explanation order under the Terrorism Act 2000), in the note to the rule omit the final paragraph.

62

In rule 47.15 (Content of application for a customer information order under the Terrorism Act 2000), in the note to the rule omit the final paragraph.

63

In rule 47.16 (Content of application for an account monitoring order under the Terrorism Act 2000), in the note to the rule omit the final paragraph.

64

In rule 47.18 (Content of application for a production order under the Proceeds of Crime Act 2002), in the note to the rule omit the final paragraph.

65

In rule 47.20 (Content of application for a disclosure order or further information order under the Proceeds of Crime Act 2002), in the note to the rule omit the final paragraph.

66

In rule 47.21 (Content of application for a customer information order under the Proceeds of Crime Act 2002), in the note to the rule omit the final paragraph.

67

In rule 47.22 (Content of application for an account monitoring order under the Proceeds of Crime Act 2002), in the note to the rule omit the final paragraph.

68

In rule 47.28 (Application for warrant under section 8 of the Police and Criminal Evidence Act 1984), in the note to the rule omit the final paragraph.

69

In rule 47.29 (Application for warrant under section 2 of the Criminal Justice Act 1987), in the note to the rule omit the final paragraph.

70

In rule 47.30 (Application for warrant under paragraph 12 of Schedule 1 to the Police and Criminal Evidence Act 1984), in the note to the rule omit the final paragraph.

71

In rule 47.31 (Application for warrant under paragraph 11 of Schedule 5 to the Terrorism Act 2000), in the note to the rule omit the final paragraph.

72

In rule 47.32 (Application for warrant under section 352 of the Proceeds of Crime Act 2002), in the note to the rule omit the final paragraph.

73

In rule 47.34 (Application for warrant under any other power), in the note to the rule omit the final paragraph.

74

In rule 47.61 (Application for extension of moratorium period), in the note to the rule omit “The Practice Direction sets out forms of application and notice of objection for use in connection with this rule.”

75

In rule 47.65 (Application for order), in the note to the rule omit the final paragraph.

76

In rule 47.66 (Application to vary or revoke an order), in the note to the rule omit the final paragraph.

77

In rule 48.9 (Initial procedure on failure to comply with court order, etc.), in the note to the rule omit the sixth paragraph.

78

In rule 50.3 (Exercise of magistrates’ court’s powers), in paragraph (7)(c) for “set out in” substitute “issued under”.

79

In rule 50.17 (Exercise of the High Court’s powers), in paragraph (6)(d) for “set out in” substitute “issued under”.

80

In rule 50.20 (Form of appeal notice) omit the note to the rule.

Signed

Burnett of Maldon, C.J. — Holroyde, L.J. — William Davis, L.J. — Foster, J. — Patrick Field — Heather Norton — Michael Snow — Louise Bryant — Ed Lidington — Max Hill — Alison Pople — Paul Jarvis — Folashade Abiodun — Edmund Smyth

I allow these Rules, which shall come into force on 2nd October 2023.

Alex Chalk — Lord Chancellor — Ministry of Justice — 11th July 2023

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Criminal Procedure Rules 2020, S.I. 2020/759, as follows:

Amendments consequent on other amendments. The following other rules are amended or renumbered in consequence of the rule amendments listed above: Part 2 (heading), 3.16, 3.21, 5.8, 9.2, 9.4, 14.3, 14.16, 14.17, 18.9, 24.1 (note), 24.13, 24.14, 24.15, 28.4, 30.2, 31.1, 31.2, 31.9, 31.10, 35.4, 44.1, 44.2, 47.3 and 47.25. The rules and notes to rules listed in the Schedule to these Rules are amended in consequence of the amendments to rules 5.1 and 5.2 of the Criminal Procedure Rules.

Correction of error. Rule 31.2(2) is amended to correct the reference to the time limit for which that rule provides.

These Rules come into force on 2nd October 2023.

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]: 1980 c. 43; section 16K is inserted by section 3 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00003]: S.I. 2020/759; amended by S.I. 2021/40, 2021/849, 2022/45, 2022/815, 2023/44.

[^f00004]: 2003 c. 39; section 28 was substituted by section 3 of, and paragraphs 25 and 26 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

[^f00005]: 2003 c. 39; section 29 was substituted by section 3 of, and paragraphs 25 and 26 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

[^f00006]: 2003 c. 39; section 86A was inserted by section 162 of the Policing and Crime Act 2017 (c. 3).

[^f00007]: 1968 c. 19.

[^f00008]: 2007 c. 21; section 14 was amended by sections 38 and 39 of, and paragraphs 24 and 26 of Schedule 9 and paragraph 37 of Schedule 10 to, the Criminal Justice and Courts Act 2015 (c. 2).

[^f00009]: 1984 c. 60; section 46 was amended by section 109 of, and paragraph 282 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00010]: >1976 c. 63; section 7 was amended by section 65 of, and Schedule 12 to, the Criminal Law Act 1977 (c. 45), section 109 of, and paragraph 185 of Schedule 8 and Schedule 10 to, the Courts Act 2003 (c. 39), sections 198 and 220 of, and Schedule 4 to, the Extradition Act 2003 (c. 41), section 177 of, and paragraph 74 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25) and sections 90 and 105 of, and paragraphs 1 and 8 of Schedule 11 and paragraphs 14 and 16 of Schedule 12 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

[^f00011]: 1981 c. 54; section 81 was amended by sections 29 and 60 of the Criminal Justice Act 1982 (c. 48), section 7 of, and paragraph 6 of Schedule 3 to, the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), section 168 of, and paragraph 19 of Schedule 9 and paragraph 48 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33), section 119 of, and paragraph 48 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), section 165 of, and paragraph 87 of Schedule 9 and Part I of Schedule 12 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), sections 41, 331 and 332 of, and paragraph 54 of Schedule 3, paragraph 4 of Schedule 36 and Parts 2 and 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), section 58 of, and paragraph 15 of Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c. 28), articles 2, 3 and 6 of, and paragraphs 12 and 14 of the Schedule to, S.I. 2004/1033 and section 177 of, and paragraph 76 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25).

[^f00012]: 1999 c. 23; section 8 was amended by section 109 of, and paragraph 384 of Schedule 8 to, the Courts Act 2003 (c. 39).

[^f00013]: 1980 c. 43; section 16B was inserted by section 48 of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00014]: 1980 c. 43; sections 16A to 16D were inserted by section 48 of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00015]: 1980 c. 43; sections 16E and 16F were inserted by section 48 of the Criminal Justice and Courts Act 2015 (c. 2). Sections 16G to 16L are inserted by section 3 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00016]: 1980 c. 43; section 16M is inserted by section 3 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00017]: 2003 c. 39; sections 28 and 29 were substituted by section 3 of, and paragraphs 25 and 26 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

[^f00018]: 2020 c. 17.

[^f00019]: 2023 c. 15; section 20 comes into force on a date to be appointed.

[^f00020]: 1361 c. 1.

[^f00021]: 1968 c. 69.

[^f00022]: 1981 c. 54.

[^f00023]: 2023 c. 15; section 23 comes into force on a date to be appointed.

[^f00024]: 2023 c. 15; section 24 comes into force on a date to be appointed.

[^f00025]: 1980 c. 43; section 58 was amended by section 17 of, and paragraphs 39 and 40 of Schedule 10 to, the Crime and Courts Act 2013 (c. 22).

[^f00026]: 2003 c. 39; sections 28 and 29 were substituted by section 3 of, and paragraphs 25 and 26 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

[^f00027]: 1980 c. 43; section 16M is inserted by section 3 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00028]: 1980 c. 43; section 16H is inserted by section 3 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00029]: 1980 c. 43; section 16I is inserted by section 3 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00030]: 2012 c. 10.

[^f00031]: S.I. 2013/614.

[^f00032]: 2003 c. 39; sections 28 and 29 were substituted by section 3 of, and paragraphs 25 and 26 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

[^f00033]: 1980 c. 43; section 16K is inserted by section 3 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.