UK Offence Report

Appeal against custody time limit decision

rule 19.17(a) of The Criminal Procedure Rules 2014 (revoked)

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

a the defendant need not be granted bail if the court is satisfied that—

i there are substantial grounds for believing that, if released on bail (with or without conditions), the defendant would fail to surrender to custody, would commit an offence, or would interfere with witnesses or otherwise obstruct the course of justice,

ii there are substantial grounds for believing that, if released on bail (with or without conditions), the defendant would commit an offence by engaging in conduct that would, or would be likely to, cause physical or mental injury to an associated person (within the meaning of section

33 of the Family Law Act 1996), or cause that person to fear injury,

iii the defendant should be kept in custody for his or her own protection or welfare, or

iv it has not been practicable, for want of time since the institution of the proceedings, to obtain sufficient information for the court to take the decisions required;

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a associated person
Conduct
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (believing that).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: believing that.

What would breach rule 19.17(a)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Refusing to let an inspector onto premises they are entitled to enter under the Criminal Procedure Rules 2014.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
11 June 2014
In force from
6 October 2014
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Rules) — the explanatory note published with the instrument, © Crown copyright.

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.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.96.

Basis
the provision says a person “commits an offence”
Confidence
0.96 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source