The Criminal Procedure (Amendment No. 2) Rules 2024

Made: at 2.15 p.m. on 30th July 2024

Laid before Parliament: at 3.50 p.m. on 30th July 2024

Coming into force in accordance with rule 2

The Criminal Procedure Rule Committee makes the following Rules under sections 67B(1), 69 and 86A(2) of the Courts Act 2003[^f00001], sections 17ZA(2), 17ZB(2), 17ZC(2) and 24ZA(2) of the Magistrates’ Courts Act 1980[^f00002] and sections 51(2D), (2E), (3A), (3B) and 51A(3D), (3E), (4A), (4B) of the Crime and Disorder Act 1998[^f00003], after consulting in accordance with section 72(1)(a) of the 2003 Act.

Citation and commencement

1

These Rules amend the Criminal Procedure Rules 2020[^f00004] and may be cited as the Criminal Procedure (Amendment No. 2) Rules 2024.

2

These Rules come into force on 7th October 2024, save for—

• (a) the following, which come into force on the date on which there come into force the amendments to and insertions of sections 17ZA(2), 17ZB(2), 17ZC(2) and 24ZA(2) of the Magistrates’ Courts Act 1980 and sections 51(2D), (2E), (3A), (3B) and 51A(3D), (3E), (4A), (4B) of the Crime and Disorder Act 1998 effected by the Judicial Review and Courts Act 2022[^f00005]—

• (i) rule 6(d)(iii), (iv) and (v),

• (ii) rule 7,

• (iii) rule 16, as far as that gives effect to paragraphs 2, 4, 5 and 7(a)(i) and (b) of Schedule 2, and

• (iv) rule 17;

• (b) rule 9, which comes into force on the date on which there comes into force section 46 of the Domestic Abuse Act 2021[^f00006]; and

• (c) the following, which come into force on the date on which there come into force the amendments to and insertions of sections 6, 6A, 6B and 6C of the European Union (Withdrawal) Act 2018[^f00007] effected by section 6 of the Retained EU Law (Revocation and Reform) Act 2023[^f00008]—

• (i) rule 10,

• (ii) rule 12, and

• (iii) rule 13.

Interpretation

3

In rules 4 to 17 beneath a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2020.

Amendments to the Criminal Procedure Rules

4

In Part 2 (Understanding and applying the rules; powers of authorised court officers), in rule 2.7 (Exercise of functions of the Crown Court)—

• (a) at the end of paragraph (2)(b) omit “and”;

• (b) at the end of paragraph (2)(c) insert “and”; and

• (c) after paragraph (2)(c) insert—

(d) issue a summons under section 80 of the Senior Courts Act 1981[^f00009] in proceedings to which rule 32.2 applies (application, etc. in relation to the breach, revocation or amendment of a community or other order).

5

In Part 4 (Service of documents) in rule 4.11 (Date of service) for paragraph (2)(d) substitute—

(d) in the case of a document served by electronic means— (i) on the day on which the document is sent under rule 4.6(2)(a) or on which notice of its deposit is given under rule 4.6(2)(b), if that day is a business day and if the document is so sent or that notice is given by no later than 2.30pm that day, (ii) if the document is an application for permission to refer a sentencing case under rule 41.2 (Service of notice of reference and application for permission), on the day on which the document is so sent or on which notice of its deposit is so given if that day is a business day and if that document is sent or the notice given by no later than 5pm that day, (iii) in an extradition appeal case in the High Court, on the day on which the document is so sent or on which notice of its deposit is so given if that day is a business day and if the document is sent or the notice given by no later than 4.30pm that day (or by no later than midnight at the end of that day if the document is an appeal notice served under rule 50.19 (Service of appeal notice)), (iv) on the day of its deposit under rule 4.6(2)(b), if that day is a business day and if under rule 4.6(3)(b) no notice of deposit is required, or (v) otherwise, on the next business day after it was sent, deposited or such notice was given; and

6

In Part 5 (Forms and court records)—

• (a) in rule 5.4 (Duty to make records)—

• (i) at the end of paragraph (1)(m) omit “and”,

• (ii) at the end of paragraph (1)(n) insert “and”, and

• (iii) after paragraph (1)(n) insert—

(o) any order made by the court on an application under rule 5.8(8) which prohibits a supply of information by the court officer without the court’s permission.

• (b) in rule 5.8 (Request for information about a case)—

• (i) at the end of paragraph (1)(a) for “but” substitute “and”,

• (ii) renumber paragraph (1)(b) as (1)(c),

• (iii) after paragraph (1)(a) insert—

(b) applies where a party or other person wants the court to prohibit a supply of information without the court’s permission which affects that party or person and which otherwise would be required by this rule; but

• (iv) in paragraph (3) for “The request” substitute “A request for information”,

• (v) for paragraph (4)(b) substitute—

(b) the statement of each alleged offence (but not the particulars of offence) and any plea entered;

• (vi) in paragraph(4)(c)(ii) after “bail condition” insert “(but not the terms of any such condition)”,

• (vii) for paragraph (5)(a) substitute—

(a) the supply of that information is prohibited by— (i) a reporting restriction, or (ii) an order made on an application under paragraph (8);

, and

• (viii) after paragraph (7) insert—

(8) Where a party or other person wants the court to prohibit a supply of information without the court’s permission which affects that party or person and which otherwise would be required by this rule— (a) that party or person must serve an application on the court officer; (b) the application must— (i) specify the information to which the applicant wants the prohibition to apply, (ii) explain why that information affects that party or person, and (iii) explain why the applicant wants the court to prohibit the supply of that information without the court’s permission; and (c) rule 5.10 applies.

• (c) in rule 5.10 (Request for information determined by the court)—

• (i) for the heading to the rule substitute “Request or application determined by the court”,

• (ii) for paragraph (1) substitute—

(1) This rule applies where— (a) the court officer refers to the court a request for information under rule 5.8 (Request for information about a case) or rule 5.9. (Request for information by a party or person directly affected by a case); or (b) a party or other person applies to the court under rule 5.8(8) to prohibit a supply of information without the court’s permission.

• (iii) for paragraph (2)(a) substitute—

(a) serve a request for information on a party or person likely to be affected by it, including— (i) the applicant for any direction, order or warrant that the request concerns which was made or issued in the absence of the party or person making the request, (ii) the applicant under rule 5.8(8) for a prohibition that affects the request (or may do so, where that application has yet to be determined), and (iii) anyone else, and to such extent, as the court directs; and

• (iv) in paragraph (3) for the words before sub-paragraph (a) substitute “If a party or person served with a request for information objects to the supply of the information requested the objector must”,

• (v) in each of paragraphs (4), (5) and (8) after “notice of objection” insert “to a request for information”,

• (vi) in paragraph (6), in the words before sub-paragraph (a) for “the request” substitute “a request for information”,

• (vii) for paragraph (7) substitute—

(7) The court may determine a request for information or an application under rule 5.8(8)— (a) at a hearing in public or private, or without a hearing; but (b) any hearing must be in private, unless the court otherwise directs— (i) where a request for information concerns a direction, order or warrant made or issued in the absence of the party or person making the request, or (ii) on an application under rule 5.8(8).

• (viii) in paragraph (9) for the words before sub-paragraph (a) substitute “In deciding whether to order a supply of information requested or to prohibit a supply of information by the court officer without the court’s permission the court must have regard to”, and

• (ix) in paragraph (10) for “the information requested” substitute “information”;

• (d) in rule 5.11 (Publication of information about court hearings, etc.)—

• (i) for paragraph (2)(d)(ii) substitute—

(ii) the statement of each alleged offence (but not the particulars of offence)

• (ii) subject to sub-paragraph (iv) of this paragraph when it comes into force, for paragraph (4)(c) substitute—

(c) the statement of each alleged offence (but not the particulars of offence); and

• (iii) renumber paragraph (5) as (6),

• (iv) for paragraphs (3) and (4) substitute—

(3) Paragraph (4) applies where— (a) the defendant responds in writing to a notice under— (i) rule 9.8 (Sending by written procedure for Crown Court trial), or (ii) rule 9.10 (Request by written procedure for plea indication); (b) the defendant is sent by written notice to the Crown Court for trial under— (i) rule 9.8 (Sending by written procedure for Crown Court trial), or (ii) rule 9.23 (Sending after allocation for Crown Court trial); or (c) 15 business days have expired after service on the defendant of a written charge and other documents under rule 24.9 (Single justice procedure: special rules). (4) The court officer must— (a) publish the information listed in paragraph (5)— (i) if that information is available to the court officer, and (ii) unless the publication of that information is prohibited by a reporting restriction; and (b) publish that information by such arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means (but only to the extent needed to comply with the open justice principle)— (i) until the case is sent to the Crown Court or allocated to a magistrates’ court for trial, where paragraph (3)(a) applies, or (ii) for no longer than 5 business days, in any other case. (5) The information that paragraph (4) requires the court officer to publish is— (a) in every case— (i) the identity of the defendant, (ii) the identity of the prosecutor, (iii) the statement of each alleged offence (but not the particulars of offence), and (iv) such information as it may be practicable to publish about any reporting restriction that applies; (b) where paragraph (3)(a) applies (defendant participating by written procedure), the date and place of the public hearing at which the defendant is due to attend if the case is not sent to the Crown Court or allocated to a magistrates’ court for trial by a written procedure; and (c) where paragraph (3)(b) applies (defendant sent by written notice to the Crown Court)— (i) the decision made, including any decision to grant or withhold bail and, if bail was granted, any decision to impose a condition or conditions (but not the terms of any such condition), (ii) the identity of the court which made the decision, and (iii) the date and place of the public hearing at which the decision requires the defendant to attend.

, and

• (v) at the end of the note to the rule insert—

Under section 52A of the Crime and Disorder Act 1998[^f00010], only the matters listed in that section may be contained in a report of allocation and sending proceedings unless the court otherwise directs. By section 52A(10) that restriction applies in addition to any other reporting restriction applicable. See also Part 6 (Reporting, etc. restrictions).

; and

• (e) amend the table of contents correspondingly.

7

For Part 9 (Allocation and sending for trial) substitute the Part set out in Schedule 1 to these Rules.

8

In Part 28 (Sentencing procedures in special cases and on committal for sentence, etc.)—

• (a) in rule 28.1 (Reasons for not following usual sentencing requirements)—

• (i) at the beginning of paragraph (1)(d) insert “under section 74 or section 388 of the Sentencing Act 2020[^f00011],”, and

• (ii) in the first paragraph of the note to the rule for “section 74 of the 2020 Act” substitute “sections 74 and 388 of the 2020 Act”;

• (b) in rule 28.11 (Application to review sentence because of assistance given or withheld)—

• (i) for the heading to the rule substitute “Assistance to an investigator, etc.: applications under the Sentencing Act 2020”, and

• (ii) for paragraph (1) substitute—

(1) This rule applies where on application by the prosecutor the Crown Court can— (a) reduce a sentence that it passes, under section 74 or section 388 of the Sentencing Act 2020 (assistance or agreement to assist before or after sentence); or (b) increase a sentence that it has passed, under section 387 of the Sentencing Act 2020[^f00012] (failure after sentence to give agreed assistance).

• (c) renumber rule 28.12 (Sentencing, etc. after committal to the Crown Court) as 28.13;

• (d) after rule 28.11 insert—

(28.12) [Note. Under section 26(8) of the Regulation of Investigatory Powers Act 2000 a person is a covert human intelligence source if that person (a) establishes or maintains a personal or other relationship with a person for the covert purpose of facilitating the doing of anything falling within (b) or (c); (b) covertly uses such a relationship to obtain information or to provide access to any information to another person; or (c) covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.] (1) This rule applies where in the exercise of its inherent power the court can reduce a sentence that it passes in a case in which the defendant has assisted an investigator or prosecutor before being sentenced. (2) An officer who has not been involved in the investigation or prosecution in respect of which the defendant is to be sentenced must prepare a text for the sentencing court which— (a) describes the capacity in which the defendant provided assistance, and in particular whether the defendant is a covert human intelligence source with the meaning of the Regulation of Investigatory Powers Act 2000[^f00013]; (b) gives details of the assistance provided; (c) describes the effort expended by the defendant in obtaining such information as has been supplied; (d) gives an indication of whether the defendant is willing to give evidence in support of a prosecution; (e) assesses the risk, if any, to the defendant or to the defendant’s family or associates occasioned by the assistance provided; (f) assesses the benefit already derived by investigating or prosecuting agencies in consequence of the assistance provided, and in particular give details of any related arrest, conviction or recovery or confiscation of property; (g) gives details of any financial reward received by the defendant for the assistance; (h) assesses the potential future use of assistance provided or expected from the defendant; and (i) includes a statement of whether the defendant does or does not wish any legal representative or advocate acting for the defendant to be made aware of the existence of the text. (3) Before the court passes sentence— (a) the officer who prepared the text must— (i) arrange for its delivery in confidence to the sentencing court and for its subsequent return to the officer, and (ii) ensure that the prosecution advocate is aware of the existence of the text and of its content; and (b) the sentencing court— (i) must consider the content of the text, (ii) by signature, initial or other endorsement on the text must indicate that it has been considered, and (iii) must not make, or allow to be made, any other court record of the receipt and consideration of the text. (4) When passing sentence the court must not— (a) refer, directly or indirectly, to the text; or (b) include in the explanation of sentence required by rule 24.11(9) or rule 25.16(7) any indication of the extent, if any, of the effect on sentence of the content of the text. (5) In the event of an appeal in which the defendant’s sentence is or may be in issue— (a) the officer who prepared the text must arrange for its delivery in confidence to the appeal court and for its subsequent return to the officer; and (b) the appeal court must take such measures as may be required to maintain the confidentiality of the text.

; and

• (e) amend the table of contents correspondingly.

9

In Part 34 (Appeal to the Crown Court), in rule 34.2 (Service of appeal and respondent’s notices)—

• (a) for paragraph (1) substitute—

(1) An appellant must serve an appeal notice— (a) in every case, on the magistrates’ court officer; (b) on the prosecutor, where the defendant is the appellant; and (c) on the defendant, where the prosecutor is the appellant.

• (b) after paragraph (5) insert—

(6) Where the appeal is about the variation or discharge of a domestic abuse protection order, the magistrates’ court officer must serve the appeal notice on— (a) the defendant, unless the defendant is the appellant; (b) each relevant Chief Officer of Police who is not the appellant; and (c) any other person if the court so directs.

; and

• (c) at the end of the note to the rule insert—

Section 47 of the Domestic Abuse Act 2021[^f00014]lists those who are relevant Chief Officers of Police for the purposes of an appeal under section 46 of that Act.

10

In Part 36 (Appeal to the Court of Appeal: general rules)—

• (a) in rule 36.6 (Hearings) in paragraph (1)(a) after “permission to appeal” insert “or to accept a reference of a point of law”;

• (b) for rule 36.12 (Declaration of incompatibility with a Convention right) substitute—

(36.12) (1) This rule applies where— (a) a party— (i) wants the court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998[^f00015], or (ii) raises an issue that the Registrar thinks may lead the court to make such a declaration; or (b) the court considers an argument that the court should depart from assimilated case law under section 6 of the European Union (Withdrawal) Act 2018[^f00016]— (i) on a reference by a magistrates’ court or the Crown Court under rule 41.6 (Reference of point of law by a court), or (ii) in any other case before the court to which neither the Attorney General nor the Counsel General for Wales already is a party. (2) The Registrar must serve notice on— (a) where paragraph (1)(a) applies— (i) the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947[^f00017], or (ii) the Treasury Solicitor, if it is not clear who is the relevant person; or (b) where paragraph (1)(b) applies, those entitled to notice under section 6C(2) of the 2018 Act[^f00018]. (3) That notice must include or attach details of— (a) the legislation affected and the Convention right concerned where paragraph (1)(a) applies, (b) the assimilated case law affected where paragraph (1)(b) applies; (c) the parties to the case; and (d) any other information or document that the Registrar thinks relevant. (4) A person who has a right under section 5 of the 1998 Act[^f00019] or under section 6C of the 2018 Act to become a party to the case must— (a) serve notice on— (i) the Registrar, and (ii) the other parties, if that person wants to exercise that right; and (b) in that notice— (i) indicate the conclusion that that person invites the court to reach on the matter raised, and (ii) identify each ground for that invitation, concisely outlining the arguments in support. (5) The court must not reach a conclusion on the matter raised— (a) less than— (i) 15 business days after the Registrar serves notice under paragraph (2)(a), or (ii) 20 business days after the Registrar serves notice under paragraph (2)(b); and (b) without giving a person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.

; and

• (c) amend the table of contents correspondingly.

11

In Part 37 (Appeal to the Court of Appeal against ruling at preparatory hearing) for the title to the Part substitute “Appeal to the Court of Appeal against ruling at preparatory hearing or in response to jury tampering”.

12

In Part 41 (Reference to the Court of Appeal of point of law or unduly lenient sentencing)—

• (a) in rule 41.1 (When this Part applies)—

• (i) for the words of the rule substitute—

(41.1) This Part applies where— (a) the Attorney General wants to refer to the Court of Appeal— (i) a point of law under section 36 of the Criminal Justice Act 1972[^f00020], or (ii) a sentencing case under section 36 of the Criminal Justice Act 1988[^f00021]; (b) the Attorney General or the Counsel General for Wales wants to refer to the Court of Appeal a point of law under section 6B of the European Union (Withdrawal) Act 2018[^f00022]; or (c) a magistrates’ court or the Crown Court decides to refer to the Court of Appeal a point of law under section 6A of the European Union (Withdrawal) Act 2018[^f00023].

, and

• (ii) after the second paragraph of the note to the rule insert—

Under section 6A of the European Union (Withdrawal) Act 2018, where a magistrates’ court or the Crown Court must apply assimilated case law, as defined in section 6 of that Act, then unless that assimilated case law is case law of the Supreme Court the court can refer to the Court of Appeal for decision one or more points of law (i) which arise on the interpretation or application of that case law, (ii) which are relevant to a case proceeding in the referring court, and (iii) which the referring court considers to be of general public importance. (Assimilated case law of the Supreme Court must be referred direct to that court.) Under section 6B of the 2018 Act the Attorney General can refer such a point of law which arose in a case in a magistrates’ court or the Crown Court which has ended.

• (b) in rule 41.2 (Service of notice of reference and application for permission)—

• (i) in paragraph (1) after “notice” insert “of reference of a point of law under section 36 of the Criminal Justice Act 1972” and after “sentencing case” insert “under section 36 of the Criminal Justice Act 1988”,

• (ii) in paragraph (2) after “refers” insert “such”,

• (iii) in paragraph (3) and in paragraph (4) after “permission to refer” insert “such”,

• (iv) after paragraph (4) insert—

(5) The Attorney General or the Counsel General for Wales must serve any notice of reference of a point of law under section 6B of the European Union (Withdrawal) Act 2018 on— (a) the Registrar; (b) the defendant; and (c) each other law officer listed in section 6B(2). (6) A reference to which paragraph (5) applies must be served not more than 6 months after— (a) the last day on which an appeal in the case could have been made, if there has been no appeal; or (b) the day on which any such appeal finally was dealt with.

, and

• (v) for the note to the rule substitute—

[Note. The time limit for serving an application for permission to refer a sentencing case is prescribed by paragraph 1 of Schedule 3 to the Criminal Justice Act 1988[^f00024]. The time limit for serving a reference of a point of law under section 6B of the European Union (Withdrawal) Act 2018 is prescribed by section 6B(3). Neither time limit may be extended or shortened.]

• (c) in rule 41.3 (Form of notice and reference and application for permission)—

• (i) in paragraph (1) after “sentencing case” insert “under rule 41.2”,

• (ii) in paragraph (2), in the words before sub-paragraph (a), after “point of law” insert “under section 36 of the Criminal Justice Act 1972”,

• (iii) in paragraph (2)(a) for “opinion” substitute “conclusion on the matter raised” and for “give” substitute “reach”,

• (iv) in paragraph (3) after “sentencing case” insert “under section 36 of the Criminal Justice Act 1988”,

• (v) in paragraph (6) after “notice of reference” insert “under paragraph (2) or (4)”, and

• (vi) after paragraph (6) insert—

(7) A notice of reference of a point of law under section 6B of the European Union (Withdrawal) Act 2018 must— (a) confirm that the conditions for making a reference listed in section 6B(1) are met; (b) specify the point of law in issue and explain the relevance of that point of law to the proceedings which have ended; (c) indicate the conclusion on the matter raised that the Attorney General or the Counsel General for Wales (as the case may be) invites the court to reach; (d) identify each ground for that invitation, numbering them consecutively (if there is more than one) and concisely outlining each argument in support; (e) summarise the relevant facts; and (f) identify any relevant authorities.

• (d) in rule 41.4 (Respondent’s notice) in paragraph (1) after “defendant on whom” insert “under rule 41.2” and after “notice of reference” insert “of a point of law under section 36 of the Criminal Justice Act 1972”;

• (e) in rule 41.5 (Variation or withdrawal of notice of reference or application for permission) in paragraph (1) after “notice of reference” insert “under rule 41.2”;

• (f) renumber rules 41.6 (Right to attend hearing) and 41.7 (Anonymity of defendant on reference of point of law) as 41.7 and 41.8 respectively;

• (g) after rule 41.5 insert—

(41.6) (1) A magistrates’ court or the Crown Court— (a) may refer to the Court of Appeal a point of law arising on assimilated case law, other than case law of the Supreme Court, under section 6A of the European Union (Withdrawal) Act 2018— (i) on application by a party, or (ii) on the referring court’s own initiative; and (b) may direct the preparation of the reference by a party. (2) Such a reference must— (a) specify— (i) the assimilated case law concerned, and (ii) the point or points of law referred; (b) identify the referring court and the prosecutor in the case; (c) summarise— (i) the nature and history of the case, (ii) the relevant facts, and (iii) the relevant contentions of the parties; (d) explain why the referring court— (i) considers the point or points of law referred to be relevant to the case proceeding in that court, and (ii) why that court considers that point or those points of law to be of general public importance; and (e) exclude any reference to the defendant’s name and any other information that may identify the defendant. (3) The court officer for the referring court must— (a) serve the reference on the Registrar; and (b) give the Registrar details of the defendant affected.

• (h) in rule 41.7, as renumbered, for “respondent” substitute “defendant” in each place it occurs; and

• (i) amend the table of contents correspondingly.

13

In Part 43 (Appeal or reference to the Supreme Court)—

• (a) in rule 43.1 (When this Part applies)—

• (i) at the end of paragraph (1)(a)(i) omit “or”,

• (ii) after paragraph (1)(a)(ii) insert—

(iii) a reference to the Court of Appeal to which Part 41 applies (Reference to the Court of Appeal of point of law or unduly lenient sentencing) made under section 6A or 6B of the European Union (Withdrawal) Act 2018[^f00025]; or

• (iii) in paragraph (1)(b) for “(Reference to the Court of Appeal of point of law or unduly lenient sentencing)” substitute “made under section 36 of the Criminal Justice Act 1972[^f00026] or section 36 of the Criminal Justice Act 1988[^f00027]”, and

• (iv) after the seventh paragraph of the note to the rule insert—

“Under section 6A(8) or section 6B(7) of the European Union (Withdrawal) Act 2018 a party may appeal to the Supreme Court from a decision of the Court of Appeal on a reference to that court under either of those sections. See also Part 41.”; and

• (b) in rule 43.2 (Application for permission or reference)—

• (i) in the second paragraph of the note to the rule, in the second sentence, for “Under those provisions,” substitute “Under each of those provisions, except for section 6A(8) or section 6B(7) of the European Union (Withdrawal) Act 2018,”, and

• (ii) in the third paragraph of the note to the rule after “certificate” insert “, where required,”.

14

In Part 47 (Investigation orders and warrants), in Section 5: Orders for the retention of fingerprints, etc.—

• (a) in rule 47.42 (When this Section applies)—

• (i) in paragraph (a) before “a District Judge (Magistrates’ Courts)” insert “a magistrates’ court consisting of”,

• (ii) at the end of paragraph (a)(i) omit “or”,

• (iii) at the end of paragraph (a)(ii) for “and” substitute “or”,

• (iv) after paragraph (a)(ii) insert—

(iii) paragraph 20(6) or 25(9) of Schedule 6 to the National Security Act 2023[^f00028]; and

• (v) at the end of paragraph (b)(i) omit “or”,

• (vi) at the end of paragraph (b)(ii) insert “or”,

• (vii) after paragraph (b)(ii) insert—

(iii) paragraph 20(9) of Schedule 6 to the National Security Act 2023.

, and

• (viii) in the note to the rule for “or under the Terrorism Act 2000[^f00029]” substitute “, under the Terrorism Act 2000 or under the National Security Act 2023”;

• (b) in rule 47.44 (Application to extend retention period)—

• (i) at the end of paragraph (1)(a)(ii) omit “or”,

• (ii) at the end of paragraph (1)(a)(iii) insert “or”,

• (iii) after paragraph (1)(a)(iii) insert—

(iv) under a power conferred by Schedule 6 to the National Security Act 2023 in relation to a person detained under section 27 of that Act[^f00030];

• (iv) in the second paragraph of the note to the rule omit “and”, in the second place it occurs, and after “Schedule 8 to the Terrorism Act 2000” insert “and by paragraphs 20(7) and 25(8) of Schedule 6 to the National Security Act 2023”,

• (v) in the third paragraph of the note to the rule omit “and”, in the second place it occurs, and after “Schedule 8 to the 2000 Act” insert “and paragraphs 19 and 24 of Schedule 6 to the 2023 Act”,

• (vi) in the fourth paragraph of the note to the rule in the first sentence omit “and”, in the first place it occurs, and after “Schedule 8 to the 2000 Act” insert “and paragraph 20 of Schedule 6 to the 2023 Act”,

• (vii) in the fourth paragraph of the note to the rule for the second sentence substitute “Under section 63F(7) of the 1984 Act[^f00031], paragraph 20B(5) of Schedule 8 to the 2000 Act[^f00032] and paragraph 20(6) of Schedule 6 to the 2023 Act a chief officer of police to whom those provisions apply may apply for an order extending the statutory retention period of 3 years by up to another 2 years.”,

• (viii) in the fifth paragraph of the note to the rule in the first sentence omit “and” and after “Schedule 8 to the 2000 Act” insert “and paragraph 25 of Schedule 6 to the 2023 Act”,

• (ix) in the fifth paragraph of the note to the rule in the second sentence omit “and” and after “Schedule 8 to the 2000 Act” insert “and paragraph 25(6) of Schedule 6 to the 2023 Act”, and

• (x) in the fifth paragraph of the note to the rule for the third sentence substitute “Under section 63R(9) of the 1984 Act[^f00033], paragraph 20G(9) of Schedule 8 to the 2000 Act[^f00034] and paragraph 25(9)(b) of Schedule 6 to the 2023 Act such an order may be renewed, on one or more occasions, for a further period of not more than 12 months from the end of the period when the order would otherwise cease to have effect.”; and

• (c) in rule 47.45 (Appeal) in the note to the rule omit “and”, in the second place it occurs, and after “Schedule 8 to the Terrorism Act 2000” insert “and under paragraph 20(9) of Schedule 6 to the National Security Act 2023”.

15

In Part 50 (Extradition), in Section 3: Appeal to the High Court—

• (a) in rule 50.19 (Service of appeal notice), in the first paragraph of the note to the rule—

• (i) at the end of sub-paragraph (a) omit “and”,

• (ii) at the end of sub-paragraph (b) insert “and”, and

• (iii) after sub-paragraph (b) insert—

(c) where the time for appeal otherwise would expire at a weekend or on a public holiday it is treated as expiring at the end of the next business day.

; and

• (b) in rule 50.20 (Form of appeal notice), for paragraphs (2) and (3) substitute—

(2) In every case, the appeal notice must— (a) specify— (i) the date of the defendant’s arrest under Part 1 or Part 2 of the Extradition Act 2003, and (ii) the decision about which the appellant wants to appeal, including the date of that decision; (b) identify each ground of appeal on which the appellant relies; (c) summarise the relevant facts; (d) include or attach a copy of— (i) the warrant or the request for the defendant’s extradition, (ii) any material served by the authority or territory requesting the defendant’s extradition in support of the warrant or the request, (iii) the reasons for the decision about which the appellant wants to appeal, or a note of those reasons agreed between the parties and approved by the magistrates’ court, and (iv) any other document or material on which the appellant relies; and (e) include or attach a list of those on whom the appellant has served the appeal notice. (3) If an appeal notice omits information, a document or material required by paragraph (2), then unless the High Court otherwise directs— (a) the High Court officer must serve on the appellant a notice— (i) identifying the omission or omissions, and (ii) requiring the supply of the missing information, document or material within a period specified in the notice; (b) the appellant must comply with that requirement; and (c) if within the period specified in the notice the missing information, document or material has not been supplied, the High Court may exercise its power— (i) to reject the appeal notice, and (ii) to dismiss the application for permission to appeal in consequence of that rejection.

Consequential amendments and corrections

16

Schedule 2 to these Rules, which makes amendments in consequence of those made by rules 6(c), 7, 8(c) and 11 of these Rules and which makes other corrections, has effect.

Amendments to the preamble to the Criminal Procedure Rules

17

In the preamble to the Criminal Procedure Rules 2020, in sub-paragraph (b)—

• (a) in the first column, headed “Rule”, beginning immediately beneath the entry for rule 9.2 insert successive entries for rules 9.8, 9.10, 9.11, 9.12, 9.19 and 9.23; and

• (b) in the second column, headed “Power”—

• (i) for the entry corresponding with rule 9.2 substitute “Sections 51(3A), (3B) and 51A(4A), (4B) of the Crime and Disorder Act 1998[^f00035] and section 86A(2) of the Courts Act 2003[^f00036]”,

• (ii) in the position corresponding with rule 9.8 insert “Sections 51(2D), (2E) and 51A(3D), (3E) of the Crime and Disorder Act 1998”,

• (iii) in the position corresponding with rule 9.10 insert “Section 17ZA(2) of the Magistrates’ Courts Act 1980[^f00037]”,

• (iv) in the position corresponding with rule 9.11 insert “Sections 17ZA(2) and 17ZB(2) of the Magistrates’ Courts Act 1980[^f00038]”,

• (v) in the position corresponding with rule 9.12 insert “Sections 17ZA(2) and 17ZC(2) of the Magistrates’ Courts Act 1980[^f00039]”,

• (vi) in the position corresponding with rule 9.19 insert “Section 24ZA(2) of the Magistrates’ Courts Act 1980[^f00040]”, and

• (vii) in the position corresponding with rule 9.23 insert “Sections 51(2D), (2E) and 51A(3D), (3E) of the Crime and Disorder Act 1998.”.

SCHEDULE 1

SCHEDULE 2

1

In rule 2.8 (Exercise of functions of a magistrates’ court), in paragraph (4)(g) for “Request for information determined by the court” substitute “Request or application determined by the court”.

2

In rule 3.16 (Pre-trial hearings in a magistrates’ court: general rules), in paragraph (1)(a)(i)—

• (a) for “rule 9.11” substitute “rule 9.17”; and

• (b) for “rule 9.13” substitute “rule 9.21”.

3

In rule 4.1 (When this Part applies) in paragraph (3)(b) for “Queen’s Bench Listing Office” substitute “King’s Bench Listing Office”.

4

In rule 5.4 (Duty to make records), in the fourth paragraph of the note to the rule—

• (a) for “rule 9.11(3)” substitute “rule 9.17(3)”; and

• (b) for “9.13” substitute “9.21”.

5

In rule 24.11 (Procedure if the court convicts), in the final paragraph of the note to the rule for “9.15” substitute “9.24”.

6

In rule 25.10 (Defendant unfit to plead) in paragraph (3)(c)(iii) for “rule 25.9(2)(e)” substitute “rule 25.9(2)(f)”.

7

In rule 28.10 (Committal or remission, etc. for sentence), in the note to the rule—

• (a) in sub-paragraph (a) of the first paragraph—

• (i) for “9.15” substitute “9.24”, and

• (ii) for “28.12”, in each place it occurs, substitute “28.13”; and

• (b) in the final paragraph for “rule 9.16” substitute “rule 9.25”.

8

In rule 45.13 (Appeal to a High Court judge) in paragraph (3)(a) for “Queen’s Bench Division” substitute “King’s Bench Division”.

9

For the heading to Part 37 substitute “Appeal to the Court of Appeal against ruling at preparatory hearing or in response to jury tampering” in each of the following references to that heading—

• (a) in rule 45.4 (Costs out of central funds), in the second paragraph of the note to the rule in sub-paragraph (a)(v);

• (b) in rule 43.1 (When this Part applies), in paragraph (1)(a)(ii);

• (c) in rule 36.8 (Duty of Crown Court officer), in paragraph (3);

• (d) in rule 36.14 (Grounds of appeal and opposition), in paragraph (4)(a); and

• (e) in the table of contents of the Criminal Procedure Rules.

Signed

Carr of Walton-on-the-Hill, C.J. — Holroyde, L.J. — William Davis, L.J. — Foster, J. — Patrick Field — Heather Norton — Michael Snow — David Barrand — Amy McEvoy — Ed Lidington — Stephen Parkinson — Alison Pople — Paul Jarvis — Folashade Abiodun — Edmund Smyth — Rob Nixon — Rebecca White — Robert Thomas

I allow these Rules, which shall come into force on 7th October 2024.

Shabana Mahmood — Lord Chancellor — Ministry of Justice — At 2.15 p.m. on 30th July 2024

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:

Rule	Amendment
Part 2	Rule 2.7 is amended to allow an authorised court officer in the Crown Court to issue a summons requiring a defendant to attend proceedings for the alleged breach of a community or other order.
Part 4	Rule 4.11 is amended explicitly to refer to the time limit for service of notice of an appeal to the High Court in an extradition case, as interpreted in case law.
Part 5	Rules 5.8 and 5.10 are amended explicitly to provide for an application to prohibit the supply of information by court staff on request otherwise required by rule 5.8 unless the court specifically permits that supply. Rule 5.4 is amended to require the recording of any such prohibition. Rule 5.11 is amended to require the publication of information about cases conducted in writing under the new rules in Part 9. Rules 5.8 and 5.11 are amended to clarify the extent of the information about alleged offences and about conditions of bail that must be supplied on request and published.
Part 9	The rules in Part 9 are replaced with rules that (a) maintain existing provision for allocation and sending for trial in the Crown Court done at a hearing in a magistrates’ court, (b) supplement new written procedures for allocation and sending introduced by the Judicial Review and Courts Act 2022, and (c) define criteria for sending an offence for trial because of its connection with another offence under new powers conferred on the Criminal Procedure Rules by that Act. Rules in the present Part 9 are amended and renumbered as listed beneath, with the table of contents correspondingly amended.
Part 28	Rules 28.1 and 28.11 are amended and a new rule 28.12 is added (a) to provide for the established practice of courts considering for sentencing purposes confidential information about assistance given to investigators by a defendant, and (b) explicitly to distinguish between that practice and the comparable statutory procedure.
Part 34	Rule 34.2 is amended to require the magistrates’ court officer, not the appellant, to serve the appeal notice in an appeal about a decision on the variation or discharge of a domestic abuse protection order.
Part 36	Rules 36.6 and 36.12 are amended to provide for intervention by HM Attorney General and others in cases in the Court of Appeal that involve points of law arising under the European Union (Withdrawal) Act 2018.
Part 41	Existing rules are amended and a new rule 41.6 is added to provide for references to the Court of Appeal of points of law arising under the European Union (Withdrawal) Act 2018.
Part 43	Rules 43.1 and 43.2 are amended to supply the initial procedure on an appeal to the Supreme Court from a decision of the Court of Appeal on a reference of a point of law arising under the European Union (Withdrawal) Act 2018.
Part 47	Rules 47.42, 47.44 and 47.45 are amended to accommodate new powers to extend the retention periods for fingerprints, DNA samples and DNA profiles taken under the National Security Act 2023.
Part 50	Rule 50.19 is amended to refer to the time limit for service of notice of an appeal to the High Court in an extradition case, as interpreted in case law. Rule 50.20 is amended to require the provision of supplementary information with notice of an appeal in an extradition case.

New Part 9 rules correspond with the rules they replace as follows:

Derivations	Derivations	Derivations	Destinations	Destinations	Destinations
New rule	Former rule			Former rule	New rule
9.1	9.1			9.1	9.1
9.2	9.2			9.2	9.2
9.3	9.3			9.3	9.3
9.4	9.4			9.4	9.4
9.5	9.5			9.5	9.5
9.6	—			9.6	9.7
9.7	9.6			9.7	9.9
9.8	—			9.8	9.14
9.9	9.7			9.9	9.15
9.10	—			9.10	9.16
9.11	—			9.11	9.17
9.12	—			9.12	9.18
9.13	—			9.13	9.21
9.14	9.8			9.14	9.23
9.15	9.9			9.15	9.24
9.16	9.10			9.16	9.25
9.17	9.11
9.18	9.12
9.19	—
9.20	—
9.21	9.13
9.22	—
9.23	9.14
9.24	9.15
9.25	9.16

Consequential amendments and corrections. Rules 4.1 and 45.13 are amended to bring up to date references to the King’s Bench Division of the High Court. A cross-reference in rule 25.10 is corrected. The title to Part 37 is amended the better to describe the application of the rules in that Part. Other rules are amended in consequence of the principal amendments made by these Rules.

These Rules come into force in accordance with rule 2, so that—

• (a) the following amendments take effect when the statutory provisions which they supplement come into force—

• (i) the amendments in Part 5 about the publication of information concerning allocation and sending for trial by written procedure,

• (ii) the replacement of Part 9,

• (iii) the amendments to cross-references and to enabling powers in consequence of the replacement of Part 9,

• (iv) the amendments in Part 34 about service of an appeal notice,

• (v) the amendments in Part 36 about intervention in a Court of Appeal case,

• (vi) the amendments in Part 41 about references to the Court of Appeal, and

• (vii) the amendments in Part 43 about appeal from the Court of Appeal to the Supreme Court; and

• (b) all the other amendments made by these Rules come into force on 7th October 2024.

Footnotes

[^f00001]: 2003 c. 39; section 67B was inserted by section 3 of, and paragraph 32 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33). 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). Section 86A was inserted by section 162 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

[^f00002]: 1980 c. 43; sections 17ZA, 17ZB and 17ZC are inserted by section 6, and section 24ZA by section 8, of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00003]: 1998 c. 37; sections 51 and 51A are materially amended by section 10 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00004]: S.I. 2020/759; amended by S.I. 2021/40, 2021/849, 2022/45, 2022/815, 2023/44, 2023/786, 2024/62.

[^f00005]: 2022 c. 35.

[^f00006]: 2021 c. 17; section 46 comes into force on a date to be appointed.

[^f00007]: 2018 c. 16; section 6 was amended by section 26 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and sections 4 and 22 of, and paragraph 8 of Schedule 2 to, the Retained EU Law (Revocation and Reform) Act 2023 (c. 28). It is further amended, and sections 6A, 6B and 6C are inserted, by section 6 of the 2023 Act with effect from a date to be appointed.

[^f00008]: 2023 c. 28.

[^f00009]: 1981 c. 54; section 80 was amended by section 41 of, and paragraph 54 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44).

[^f00010]: 1998 c. 37; section 52A was inserted by paragraphs 15 and 19 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and amended by paragraphs 46 and 47 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

[^f00011]: 2020 c. 17; section 74 was amended by section 10 of the Counter-Terrorism and Sentencing Act 2021 (c. 11) and is further amended by section 408 of, and paragraph 38B of Schedule 22 to, the 2020 Act with effect from a date to be appointed.

[^f00012]: 2020 c. 17.

[^f00013]: 2000 c. 23.

[^f00014]: 2021 c. 17; section 47 comes into force on a date to be appointed.

[^f00015]: 1998 c. 42; section 4 was amended by section 40 of, and paragraph 66 of Schedule 9 to, the Constitutional Reform Act 2005 (c.4), section 67 of, and paragraph 43 of Schedule 6 to, the Mental Capacity Act 2005 (c. 9) and section 61 of, and paragraph 5 of Schedule 14 to, the Crime and Courts Act 2013 (c. 22).

[^f00016]: 2018 c. 16; section 6 was amended by section 26 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and sections 4 and 22 of, and paragraph 8 of Schedule 2 to, the Retained EU Law (Revocation and Reform) Act 2023 (c. 28). It is further amended by section 6 of the 2023 Act with effect from a date to be appointed.

[^f00017]: 1947 c. 44; section 17 was amended by article 3(2) of S.I. 1968/1656.

[^f00018]: 2018 c. 16; section 6C is inserted by section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) with effect from a date to be appointed.

[^f00019]: 1998 c. 42; section 5 was amended by section 40 of, and paragraph 66 of Schedule 9 to, the Constitutional Reform Act 2005 (c.4).

[^f00020]: 1972 c. 71; section 36 was amended by section 31 of, and paragraph 8 of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 148 of, and paragraph 23 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4) and section 151 of, and paragraph 9 of Schedule 7 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

[^f00021]: 1988 c. 33; section 36 was amended by section 272 of, and paragraphs 45 and 46 of Schedule 32 and paragraph 96 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), section 40 of, and paragraph 48 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), sections 49 and 65 of, and paragraph 3 of Schedule 1 and Schedule 5 to, the Violent Crime Reduction Act 2006 (c. 38), sections 46, 148 and 149 of, and paragraphs 22 and 23 of Schedule 26 and Part 3 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4), paragraph 2 of Schedule 19 and paragraphs 4 and 5 of Schedule 26 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 28 of, and paragraph 2 of Schedule 5 to, the Criminal Justice and Courts Act 2015 (c. 2) and section 416 of, and paragraphs 89 and 267 of Schedule 24 to, the Sentencing Act 2020 (c. 17).

[^f00022]: 2018 c. 16; section 6B is inserted by section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) with effect from a date to be appointed.

[^f00023]: 2018 c. 16; section 6A is inserted by section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) with effect from a date to be appointed.

[^f00024]: 1988 c. 33.

[^f00025]: 2018 c. 16; sections 6A and 6B are inserted by section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28) with effect from a date to be appointed.

[^f00026]: 1972 c. 71; section 36 was amended by section 31 of, and paragraph 8 of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23), section 148 of, and paragraph 23 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4) and section 151 of, and paragraph 9 of Schedule 7 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

[^f00027]: 1988 c. 33; section 36 was amended by section 272 of, and paragraphs 45 and 46 of Schedule 32 and paragraph 96 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), section 40 of, and paragraph 48 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), sections 49 and 65 of, and paragraph 3 of Schedule 1 and Schedule 5 to, the Violent Crime Reduction Act 2006 (c. 38), sections 46, 148 and 149 of, and paragraphs 22 and 23 of Schedule 26 and Part 3 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4), paragraph 2 of Schedule 19 and paragraphs 4 and 5 of Schedule 26 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 28 of, and paragraph 2 of Schedule 5 to, the Criminal Justice and Courts Act 2015 (c. 2) and section 416 of, and paragraphs 89 and 267 of Schedule 24 to, the Sentencing Act 2020 (c. 17).

[^f00028]: 2023 c. 32.

[^f00029]: 2000 c. 11.

[^f00030]: 2023 c. 32.

[^f00031]: 1984 c. 60; section 63F was inserted by section 3 of the Protection of Freedoms Act 2012 (c. 9) and amended by section 70 of the Policing and Crime Act 2017 (c. 3), paragraph 2 of Schedule 2 to the Counter-Terrorism and Border Security Act 2019 (c. 3) and paragraph 4 of Schedule 18 to the National Security Act 2023 (c. 32).

[^f00032]: 2000 c. 11; paragraph 20B of Schedule 8 was inserted by section 19 of, and paragraph 1 of Schedule 1 to, the Protection of Freedoms Act 2012 (c. 9) and amended by section 181 of, and paragraph 125 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and section 71 of the Policing and Crime Act 2017 (c. 3).

[^f00033]: 1984 c. 60; section 63R was inserted by section 14 of the Protection of Freedoms Act 2012 (c. 9).

[^f00034]: 2000 c. 11; paragraph 20G of Schedule 8 was inserted by section 19 of, and paragraph 1 of Schedule 1 to, the Protection of Freedoms Act 2012 (c. 9).

[^f00035]: 1998 c. 37; sections 51 and 51A are materially amended by section 10 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00036]: 2003 c. 39; section 86A was inserted by section 162 of the Policing and Crime Act 2017 (c. 3).

[^f00037]: 1980 c. 43; section 17ZA is inserted by section 6 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00038]: 1980 c. 43; section 17ZB is inserted by section 6 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00039]: 1980 c. 43; section 17ZC is inserted by section 6 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00040]: 1980 c. 43; section 24ZA is inserted by section 8 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00041]: 1980 c. 43; sections 17ZA, 17ZB and 17ZC are inserted by section 6 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Sections 17A to 17C were inserted by section 49 of the Criminal Procedure and Investigations Act 1996 (c. 25). Section 17BA is inserted by section 7 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Sections 17D and 17E were inserted by section 336 of, and paragraph 3 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). Section 20A was inserted by section 336 of, and paragraph 6 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). Section 22A was inserted by sections 176 and 185 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). Sections 24ZA and 24ZB are inserted by section 8 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Sections 24A, 24B, 24C and 24D were inserted by section 336 of, and paragraph 10 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). Section 24BA is inserted by section 9 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. For amendments to these provisions, see subsequent footnotes.

[^f00042]: 1998 c. 37; sections 50A, 51A, 51B, 51C, 51D and 51E were inserted by paragraphs 15, 17 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44). For amendments to these provisions, see subsequent footnotes.

[^f00043]: 1981 c. 54; section 46ZA was inserted by section 11 of the Judicial Review and Courts Act 2022 (c. 35).

[^f00044]: 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). It is further amended by paragraph 15 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00045]: 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 52 of the Criminal Justice and Courts Act 2015 (c. 2). 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), paragraph 6 of Schedule 21 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), and paragraph 156 of Schedule 24 to the Sentencing Act 2020 (c. 17). Each is further amended by section 10 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00046]: 1998 c. 37; section 50A was inserted by paragraphs 15 and 17 of Schedule 3 to the Criminal Justice Act 2003 (c. 44). It is amended by paragraphs 8 and 11 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00047]: 1980 c. 43; section 19 was amended by section 336 of, and paragraph 5 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), section 182 of, and paragraph 4 of Schedule 17 to, the Coroners and Justice Act 2009 (c. 25), and S.I. 2019/780. It is further amended by paragraph 10 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00048]: 1980 c. 43; section 24 was amended by section 77 of, and paragraph 47 of Schedule 14 to, the Criminal Justice Act 1982 (c. 48), sections 17, 68 and 101 of, and paragraph 6 of Schedule 8, paragraphs 6 and 22 of Schedule 12 and Schedule 13 to, the Criminal Justice Act 1991 (c. 53), sections 47, 119 and 121 of, and paragraph 40 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), sections 42 and 336 of, and paragraph 9 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44), sections 49, 65 and 66 of, and paragraph 1 of Schedule 1 and Schedule 5 to, the Violent Crime Reduction Act 2006 (c. 38) and section 416 of, and paragraph 48 of Schedule 24 to, the Sentencing Act 2020 (c. 17). Section 24A was inserted by section 336 of, and paragraph 10 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44) and amended by section 416 of, and paragraph 49 of Schedule 24 to, the Sentencing Act 2020 (c. 17) and section 50 of, and paragraph 14 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11). Section 24 is further amended by paragraph 9, and section 24A by paragraphs 6, 9 and 10, of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00049]: 1980 c. 43; 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). It is further amended by section 6 of, and paragraph 10 of Schedule 2 to, the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00050]: 1980 c. 43; section 17E was inserted by section 336 of, and paragraph 3 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). It is amended by paragraph 6 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 18 was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), sections 68 and 101 of, and paragraph 6 of Schedule 8 and paragraph 22 of Schedule 12 to, the Criminal Justice Act 1991 (c. 53), section 49 of the Criminal Procedure and Investigations Act 1996 (c. 25) and section 336 of, and paragraph 4 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). It is further amended by section 9 of, and paragraphs 6 and 9 of Schedule 2 to, the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 24D was inserted by section 336 of, and paragraph 10 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44).

[^f00051]: 1998 c. 37; section 47 was amended by sections 165 and 168 of, and Part I of Schedule 12 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 336 of, and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44) and article 2 of, and paragraph 59 of the Schedule to, S.I. 2005/886. It is further amended by section 12 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 52 was amended by paragraphs 68 and 69 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and section 177 of, and paragraph 78 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25). It is further amended by section 10 of, and paragraph 15 of Schedule 2 to, the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00052]: 1980 c. 43; Sections 17A, 17B and 17C were inserted by section 49 of the Criminal Procedure and Investigations Act 1996 (c. 25). Section 17A was amended by section 336 of, and paragraph 2 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44) and section 416 of, and paragraph 44 of Schedule 24 to, the Sentencing Act 2020 (c. 17). It is further amended by paragraph 6 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 17B is amended by section 9 of, and paragraph 6 of Schedule 2 to, the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 17C is amended by paragraph 6 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 17BA is inserted by section 7 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 23 was amended by section 125 of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 (c. 41) and section 336 of, and paragraph 8 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). It is further amended by paragraphs 6 and 10 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Sections 24A, 24B and 24C were inserted by section 336 of, and paragraph 10 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44). Section 24A was amended by section 416 of, and paragraph 49 of Schedule 24 to, the Sentencing Act 2020 (c. 17) and section 50 of, and paragraph 14 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11). It is further amended by paragraphs 6, 9 and 10 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 24C is amended by paragraph 9 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 24BA is inserted by section 9 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00053]: 1998 c. 37; section 51(3A), (3B) are substituted for subsections (3) to (12) as originally enacted by section 10(1), (5) of the Judicial Review and Courts Act 2022 (c. 35) and section 51A(4A), (4B) are substituted for subsections (4) to (10) as originally enacted by section 10(6), (10) of the 2022 Act with effect from a date to be appointed.

[^f00054]: 1980 c. 43; section 26 was amended by section 336 of, and paragraph 12 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44).

[^f00055]: 1998 c. 37; section 52A was inserted by paragraphs 15 and 19 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and amended by paragraphs 46 and 47 of Schedule 5 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

[^f00056]: 2003 c. 39; section 86A was inserted by section 162 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

[^f00057]: 1933 c. 12; section 34A was inserted by section 56 of the Criminal Justice Act 1991 (c. 53) and amended by section 107 of, and paragraph 1 of Schedule 5 to, the Local Government Act 2000 (c. 22) and S.I. 2016/413.

[^f00058]: 1998 c. 37; section 51D was inserted 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). It is further amended by paragraph 15 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00059]: 2003 c. 39; sections 28 and 29 were substituted by section 4 of, and paragraph 26 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

[^f00060]: 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).

[^f00061]: 1998 c. 37; section 51 was substituted and section 51A inserted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44). Section 51 was amended by section 52 of the Criminal Justice and Courts Act 2015 (c. 2). Section 51A was amended by section 49 of, and paragraph 5 of Schedule 1 to, the Violent Crime Reduction Act 2006 (c. 38), paragraph 6 of Schedule 21 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), and paragraph 156 of Schedule 24 to the Sentencing Act 2020 (c. 17). Each is further amended by section 10 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00062]: 1980 c. 43; section 20A was inserted by section 336 of, and paragraph 6 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44) and amended by section 416 of, and paragraph 47 of Schedule 24 to, the Sentencing Act 2020 (c. 17).

[^f00063]: 1998 c. 37; section 51B was inserted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and 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 article 1 of, and paragraph 15 of Schedule 2 to, S.I. 2014/834. It is further amended by paragraph 8 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00064]: 1998 c. 37; section 51C was inserted by section 336 of, and paragraph 18 of Schedul3 3 to, the Criminal Justice Act 2003 (c. 44) and amended by S.I. 2016/244 and section 186 of, and paragraph 7 of Schedule 16 to, the Health and Care Act 2022 (c. 31).

[^f00065]: 1998 c. 37; section 51 was substituted and section 51A inserted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44). Section 51 was amended by section 52 of the Criminal Justice and Courts Act 2015 (c. 2). Section 51A was amended by section 49 of, and paragraph 5 of Schedule 1 to, the Violent Crime Reduction Act 2006 (c. 38), paragraph 6 of Schedule 21 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), and paragraph 156 of Schedule 24 to the Sentencing Act 2020 (c. 17). Each is further amended by section 10 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 52 was amended by paragraphs 68 and 69 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) and section 177 of, and paragraph 78 of Schedule 21 to, the Coroners and Justice Act 2009 (c. 25). It is further amended by section 10 of, and paragraph 15 of Schedule 2 to, the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00066]: 1980 c. 43; 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). It is further amended by section 6 of, and paragraph 10 of Schedule 2 to, the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed. Section 24A was inserted by section 336 of, and paragraph 10 of Schedule 3 to, the Criminal Justice Act 2003 (c. 44) and amended by section 416 of, and paragraph 49 of Schedule 24 to, the Sentencing Act 2020 (c. 17) and section 50 of, and paragraph 14 of Schedule 13 to, the Counter-Terrorism and Sentencing Act 2021 (c. 11). It is further amended by paragraphs 6, 9 and 10 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00067]: 1980 c. 43; section 17ZA is inserted by section 6 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00068]: 1980 c. 43; section 17ZB is inserted by section 6 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00069]: 1980 c. 43; section 22 was amended by sections 38, 123 and 170 of, and paragraph 16 of Schedule 8 and Schedule 16 to, the Criminal Justice Act 1988 (c. 33), sections 68 and 101 of, and paragraph 6 of Schedule 8 and paragraph 22 of Schedule 12 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). It is further is amended by paragraph 6 of Schedule 2 to the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.

[^f00070]: 1980 c. 43; 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). It is further amended by section 6 of, and paragraph 10 of Schedule 2 to, the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.