UK Offence Report

The Criminal Procedure Rules 2014 (revoked)

UK Statutory Instrument 2014 No. 1610 — creates 24 criminal offences.

24offences created
0recorded in force
0revoked
Made
11 June 2014
In force from
6 October 2014
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 12(1) of the Road Traffic Offenders Act 1988, 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 30(1) of the Criminal Justice Act 2003, Section 52 of the Senior Courts Act 1981, Section 5B(9) of the Bail Act 1976, Section 67 of the Senior Courts Act 1981, 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, Sections 19 and 66 of the Senior Courts Act 1981, Sections 36A(4), 36B(3), 118A(4) and 118B(3) of the Extradition Act 2003

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 2014 consolidate the Criminal Procedure Rules 2013, S.I. 2013/1554, with the amendments made by S.I. 2013/2525 and 2013/3183. The new Rules incorporate the further amendments listed beneath. Otherwise, they reproduce the rules that they supersede. Rule Amendment Part 2 Rule 2.1 is amended to provide for the transition to these new rules. Part 3 Part 3 is enlarged to include rules about preparation for Crown Court trial, and amended in consequence of the inclusion of those rules. Rule 3.1 is amended to define the scope of the Part. Rules 3.4, 3.6 and 3.7 are amended to clarify their expression. Rule 3.8 is inserted to supply a power for the court to vary the requirements of other rules in the Part (and former rules 3.9 to 3.11 are renumbered consequentially). Rule 3.9 (which reproduces rule 3.8 of the Criminal Procedure Rules 2013) is amended by removing to the Crown Court trial preparation rules the provisions for pre-trial hearings and about defence advocates. It is further amended by adding a reference to the giving of directions for the conduct of questioning. A cross-reference in rule 3.10 (which reproduces rule 3.9 of the Criminal Procedure Rules 2013) is corrected and the expression of the rule is clarified. Rules 3.13 to 3.26 are added to provide for preparation for Crown Court trial (with rules 3.14 to 3.18 reproducing rules 15.1 to 15.6 of the Criminal Procedure Rules 2013). The table of contents is amended correspondingly. Part 4 Rules 4.1 and 4.7 are amended to provide for Part 4 to govern the service of documents in a case to which section 12 of the Road Traffic Offenders Act 1988 applies (service of a requirement to identify the driver of a vehicle). Rules 4.3 and 4.4 are amended to provide for service on the High Court officer in an extradition appeal. Rule 4.10 is amended to provide for a presumption of dispatch by post where a document is produced for that purpose by a computer system, whether that is a court or other such system. Part 5 Rule 5.7 is amended to supply a procedure for the hearing of an application for information from court records made by a person affected by an order made or a warrant issued (for example, a search warrant) in that person’s absence. The title to rule 5.8 is amended to clarify the scope of the rule and the table of contents is amended correspondingly. Part 6 Rule 6.1 is amended to clarify the scope of Section 8 of that Part. Part 8 Rule 8.1 is amended to omit the reference to the Director of Revenue and Customs Prosecutions. Part 9 Rule 9.7 is amended to supply a procedure where a defendant is charged with low-value shoplifting, as defined by section 22A of the Magistrates’ Courts Act 1980. Part 12 Rule 12.4 is amended to require the court officer to endorse any paper copy made of an indictment served under that rule with a note to identify it as the version approved by the court. Part 14 Rule 14.1 is renamed, and amended to require the court officer to endorse any paper copy made of an indictment served under that rule with a note to identify it as such. The table of contents is amended correspondingly. Part 15 The Part is omitted. Former rules 15.1 to 15.6, about preparatory hearings, are removed to Part 3 as rules 3.14 to 3.18. Part 17 Part 17 is enlarged to include rules about appeal to the High Court in an extradition case. It is amended in consequence of the inclusion of those rules, and in consequence of amendments to provisions of the Extradition Act 2003 which it supplements. Rule 17.1 is amended to define the scope of the Part. Rules 17.3, 17.6 and 17.13 are amended in consequence of amendments to the Extradition Act 2003. Rules 17.17 to 17.31 are added to provide for appeal to the High Court. Rules 17.2 and 17.4 are amended in consequence of changes to the other rules. The table of contents is amended correspondingly. Part 28 Rule 28.1 is amended to extend the scope of the Part to an application for the issue of a summons to take a deposition where a case has been sent for Crown Court trial. Part 33 Part 33 is amended to include new provisions about an expert witness’ duty to the court and about establishing the reliability of expert evidence. Rule 33.1 is amended to define the scope of the Part. Rule 33.2 is amended to define an expert’s duty to the court. The sequence of former rules 33.3 and 33.4 is reversed, so as to deal first with the introduction and service of expert evidence and then with the content of an expert’s report. Rule 33.3 (Introduction of expert evidence, which reproduces rule 33.4 of the Criminal Procedure Rules 2013) is amended to supply the procedure for introducing a summary of an expert’s conclusions, and to require service of information detrimental to an expert’s credibility. Rule 33.4 (Content of expert’s report, which reproduces rule 33.3 of the Criminal Procedure Rules 2013) is amended to require that an expert’s report must include information relevant to assessing the reliability of the expert’s opinion. Rule 33.8 is amended to clarify its expression. Rule 33.9 is amended in consequence of changes to the other rules. The table of contents is amended correspondingly. Part 37 Part 37 is amended to include new provisions about voiding proceedings under section 14 of the Magistrates’ Courts Act 1980 and about setting aside a conviction or other order under section 142 of that Act. Rule 37.1 is amended to define the scope of the Part. Rules 37.11 and 37.15 are amended, and rule 37.16 is added, to supply a procedure for dealing with a section 14 statutory declaration. Rule 37.17 is added to supply a procedure for dealing with a section 142 application. The table of contents is amended correspondingly. Part 38 A new Part is added to supply rules governing the procedure on trial and sentence in the Crown Court. Part 39 A new Part is added, in substitution for the current Part, to supply rules governing various matters affecting jurors. Part 42 Rule 42.4 is amended to clarify the circumstances in which the court may vary a sentence in the defendant’s absence. Rule 42.10 is amended to facilitate the electronic transmission of court records. Part 50 Part 50 is amended in consequence of amendments to statutory provisions which it supplements. Rule 50.3 is amended to provide for applications for criminal behaviour orders and sexual harm prevention orders, and to supply a procedure for applying for special measures directions under that rule. Rule 50.8 is amended to clarify its expression. Part 55 Rules 55.2 and 55.3 are amended to make it clear that the court must endorse a counterpart driving licence only if other legislation so requires. Part 65 Rule 65.2 is amended to bring up to date a cross-reference to Part 3 which it contains. Part 76 Rule 76.5 is renamed and amended to apply the rule to the High Court’s power to order costs where the defendant is unsuccessful in an extradition appeal. The table of contents is amended correspondingly. Amendments to notes to rules. The note at the beginning of Part 33 is omitted. The note at the end of Part 3, the note at the beginning of Part 28, and the notes to rules 3.1, 3.5, 3.11, 4.1, 8.1, 9.6, 9.7, 17.1, 17.2, 17.3, 17.6, 17.13, 28.3, 33.3, 33.4, 37.1, 37.11, 37.12, 42.4, 50.1, 50.3, 52.5, 55.2, 63.3 and 66.1, all are amended to bring up to date the cross-references they contain. The Rules come into force on 6th October 2014.

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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