UK Offence Report

The Criminal Procedure Rules 2013 (revoked)

UK Statutory Instrument 2013 No. 1554 — creates 24 criminal offences.

24offences created
0recorded in force
0revoked
Made
19 June 2013
In force from
7 October 2013
Extent
Not stated
Subject
Terrorism, official secrets and national security
Made under
Criminal Procedure and Investigations Act 1996, Part 10 Section 48 of the Criminal Law Act 1977, Proceeds of Crime Act 2002, Rules under section 69 of the Courts Act 2003, Schedule 6A to the Terrorism Act 2000, Section 132(4) of the Criminal Justice Act 2003, Section 155(7) of the Powers of Criminal Courts (Sentencing) Act 2000, Section 174(4) of the Criminal Justice Act 2003, Section 19 of the Criminal Procedure and Investigations Act 1996, Section 52 of the Senior Courts Act 1981, Section 5B(9) of the Bail Act 1976, Section 74(3) of the Senior Courts Act 1981, Section 81 of the Police and Criminal Evidence Act 1984, Section 87(4) of the Senior Courts Act 1981, Section 91 of the Proceeds of Crime Act 2002, Senior Courts Act 1981

Explanatory note

(This note is not part of the Rules) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

The Criminal Procedure Rules 2013 consolidate the Criminal Procedure Rules 2012, S.I. 2012/1726, with the amendments made by S.I. 2012/3089. The new Rules incorporate the further amendments listed beneath. Otherwise, they reproduce the rules that they supersede. Rule Amendment Part 2 Rule 2.1(3) and (4) are amended, to provide for the transition to these new rules. Part 3 Rule 3.8(3) is amended to require the defendant to give notice of the identity of the intended defence trial advocate. Part 4 Rule 4.2(2) is amended to clarify the nature of the obligation imposed. Part 5 Rule 5.7 is amended to supply the procedure on an application for information from court records by a person affected by an order made or a warrant issued (for example, a search warrant) in that person’s absence. Rules 5.1, 5.7(5) and 5.8(5) and (7) are amended to clarify the nature of the obligations imposed. Part 6 Rule 6.1 is amended to extend the scope of Part 6 to an application to a justice of the peace for a search warrant, and to an application or appeal concerning the retention of fingerprints, samples and DNA profiles by the police. Rules 6.2(c) and 6.5 are amended in consequence. Rules 6.29 to 6.33 are added to govern the procedure on an application for a search warrant. Rules 6.34 to 6.36 are added to govern the procedure on fingerprint, etc. retention applications and appeals. The Part title and table of contents are amended correspondingly. Rules 6.3(1)(a), 6.12(4)(a), 6.21(4)(a) and 6.23(1)(a) and (2)(a) are amended to clarify the nature of the obligations imposed. Part 9 Rule 9.16 is added to supply the procedure on an application to dismiss a charge sent to the Crown Court for trial, in substitution for the rules formerly in Part 13. The table of contents is amended correspondingly. Part 10 The rules about committal for trial, formerly in this Part, are omitted. The rules about initial details of the prosecution case, formerly in Part 21, are removed to this Part. Part 11 The Part is omitted. Part 13 The Part is omitted. Part 15 Rule 15.4(4)(a) and (5)(a) are amended to clarify the nature of the obligations imposed. Part 16 Rule 16.6(6)(a) and (7)(a) are amended to clarify the nature of the obligations imposed. Part 17 The Part is replaced. Part 19 Rule 19.4(4) is added to include in the list of information that the magistrates’ court officer must give the defendant where bail is withheld a statutory certificate that the court heard full argument. Rule 19.8(3) is amended to require the defendant to pass that certificate to the Crown Court officer on making an application under that rule. Rule 19.9(6) is amended to remove the requirement for the Crown Court officer to send information to the High Court on a prosecutor’s appeal against a grant of bail from the Crown Court to the High Court. Part 21 The rules about initial details of the prosecution case, formerly in this Part, are removed to Part 10. Part 22 Rules 22.3(6)(a) and (7)(a) and 22.6(6)(a) and (7)(a) are amended to clarify the nature of the obligations imposed. Part 29 Rules 29.12(4)(a), 29.18(1)(a) and 29.19(3)(a) are amended to clarify the nature of the obligations imposed. Part 32 Rule 32.10(2)(a) is amended to clarify the nature of the obligation imposed. Part 34 Rule 34.4(2) is amended to clarify the nature of the obligation imposed. Part 37 Rules 37.10(5)(c) and 37.11(3) are amended to clarify the nature of the obligations imposed. Part 41 Rules 41.8(2), 41.12(3) and 41.13(2) are amended to remove typographical errors. Part 42 Rule 42.11(2) is amended to clarify the prosecutor’s obligations on applying for a sentence review. Part 50 Rule 50.3 is amended to require that a draft of any proposed sexual offences prevention order must be served not less that 2 business days before the hearing at which the order may be made. The table of contents is amended correspondingly. Part 52 Rules 52.4(3), 52.6(4)(a) and 52.10(4)(a) are amended to clarify the nature of the obligations imposed. Part 55 Rule 55.5(7) is amended to clarify the nature of the obligation imposed. Part 60 Rule 60.7(6) is amended to clarify the nature of the obligation imposed. Part 61 Rules 61.15(1) and 61.19(3) are amended to clarify the nature of the obligations imposed. Part 62 Rules 62.8(3) and 62.10(3) are amended to clarify the nature of the obligations imposed. Part 75 Rule 75.3(2) is amended to clarify the nature of the obligation imposed. Rule 75.4 is omitted. The table of contents is amended correspondingly. Part 76 Rules 76.2(6), 76.4(5), 76.5(3), 76.9(7) and 76.10(7) are amended to clarify the nature of the obligations imposed. Amendments to notes to rules. The notes at the end of Part 3 and at the end of Part 19, and the notes to rules 5.4, 5.8, 5.9, 6.1, 9.1, 9.3, 9.5, 9.6, 9.7, 14.1, 16.1, 19.6, 19.7, 19.9, 19.16, 50.3, 55.2 and 68.11, all are amended to bring up to date the cross-references they contain. The Glossary entries for ‘committal proceedings’, ‘estreatment’, ‘examining justices’ and ‘notice of transfer’ are removed. Those expressions no longer appear in the Rules. These Rules come into force on 7th October 2013.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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