UK Offence Report

The Criminal Procedure (Amendment No. 2) Rules 2024

UK Statutory Instrument 2024 No. 842 — creates 15 criminal offences.

15offences created
0recorded in force
0revoked
Made
30 July 2024
In force from
Not determined
Extent
Not stated
Subject
Courts, police, prisons and the administration of justice
Made under
Courts Act 1980, Crime and Disorder Act 1998, Rules under sections 67B(1), 69 and 86A(2) of the Courts 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.

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 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.

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

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee
Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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