UK Offence Report

Pre-trial hearings in the Crown Court: general rules

rule 3.21(2) of The Criminal Procedure Rules 2020 (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

2 At the plea and trial preparation hearing the court must―

a satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary), that the defendant will receive credit for

a guilty plea;

b take the defendant’s plea in accordance with rule 3.32 (Arraigning the defendant on the indictment) or if no plea can be taken then find out whether the defendant is likely to plead guilty or not guilty;

c unless the defendant pleads guilty, satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary), that at the trial―

i the defendant will have the right to give evidence after the court has heard the prosecution case,

ii if the defendant does not attend, the trial may take place in the defendant’s absence,

iii if the trial takes place in the defendant’s absence, the judge may inform the jury of the reason for that absence, and

iv where the defendant is released on bail, failure to attend court when required is an offence for which the defendant may be arrested and punished and bail may be withdrawn; and

d give directions for an effective trial.

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 This is the text as originally made; later amendments are not shown here.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 person
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach rule 3.21(2)?

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. Not doing what the provision requires under the Criminal Procedure Rules 2020, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

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
15 July 2020
In force from
5 October 2020
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 2020: a consolidate the Criminal Procedure Rules 2015, S.I. 2015/1490, with the amendments made by S.I. 2016/120, 2016/705, 2017/144, 2017/282, 2017/755, 2017/915, 2018/132, 2018/847, 2019/143, 2019/1119 and 2020/32; and b include the further amendments listed beneath. Rule Amendment Part 2 Rule 2.1 is amended to provide for the transition to the Criminal Procedure Rules 2020 and temporarily to preserve the temporary amendments to the Criminal Procedure Rules 2015 made by the Criminal Procedure (Amendment No. 2) (Coronavirus) Rules 2020, S.I. 2020/417. Transitional provisions for extradition cases that were made by the Criminal Procedure Rules 2015 are omitted. Part 3 The rules in the Part are rearranged and augmented as listed beneath. Rule 3.8 is amended to substitute ‘speech disorder’ for ‘speech impediment’. A new rule 3.9 is added to provide for ground rules hearings. The table of contents is amended correspondingly. Part 4 Rule 4.1 is amended to define the expression ‘relevant court office’. Rules 4.3, 4.4, 4.5 and 4.6 are amended to require service on a court officer or on the Registrar of Criminal Appeals at the relevant court office. Rule 4.11 is amended to allow the service of an Attorney General’s sentencing reference by electronic means to have effect on the same business day if it is served on the Registrar by 5pm. Part 7 Rule 7.3 is amended to require a statement of the value, if known, of any theft or damage alleged where such value affects the exercise of a magistrates’ court’s powers. Part 9 Rule 9.5 is amended to require transmission to the Crown Court of a record of any decision by the defendant to choose to be tried in the Crown Court for low-level shoplifting. Rules 9.15 and 9.16 of the Criminal Procedure Rules 2015 are removed to Part 3. Part 10 Rule 10.2 is amended to refer to the inclusion in an indictment of a summary offence listed in section 40 of the Criminal Justice Act 1988. Part 18 Rule 18.9 is amended to provide for the giving of a special measures direction without an application. The table of contents is amended correspondingly. Part 24 Rule 24.14 of the Criminal Procedure Rules 2015 is removed to Part 3. Rules 24.17 and 24.18 of the Criminal Procedure Rules 2015 are removed to Part 44. The table of contents is amended correspondingly. Part 39 Rule 39.7 is amended to require information about a proposed witness corresponding with information required by rule 18.9. Part 44 The Part is replaced with the provision for reopening a case in a magistrates’ court formerly contained in rules 24.17 and 24.18 of the Criminal Procedure Rules 2015. Part 50 Rule 50.30 is amended by omitting superfluous references to the powers of court officers now conferred by rule 2.6. The rules in Part 3 of the Criminal Procedure Rules 2020 correspond with those of the Criminal Procedure Rules 2015 as follows: Destinations Derivations 2015 Rules 2020 Rules 2020 Rules 2015 Rules 3.1 3.1 3.1 3.1 3.2 3.2 3.2 3.2 3.3 3.3 3.3 3.3 3.4 3.4 3.4 3.4 3.5 3.5 3.5 3.5 3.6 3.6 3.6 3.6 3.7 3.7 3.7 3.7 3.8 3.15 3.8 3.9 3.9 3.8 3.9 New rule 3.10 3.12 3.10 3.28 3.11 3.13 3.11 3.29 3.12 3.14 3.12 3.10 3.13 3.21 3.13 3.11 3.14 3.22 3.14 3.12 3.15 3.23 3.15 3.8 3.16 3.24 3.16 3.27 3.17 3.25 3.17 24.14 3.18 3.26 3.18 24.14 3.19 3.27 3.19 9.15 3.20 3.28 3.20 9.16 3.21 3.29 3.21 3.13 3.22 3.30 3.22 3.14 3.23 3.31 3.23 3.15 3.24 3.32 3.24 3.16 3.25 3.33 3.25 3.17 3.26 3.34 3.26 3.18 3.27 3.16 3.27 3.19 3.28 3.10 3.28 3.20 3.29 3.11 3.29 3.21 9.15 3.19 3.30 3.22 9.16 3.20 3.31 3.23 24.14 3.17 & 3.18 3.32 3.24 3.33 3.25 3.34 3.26 Time limits in business days. The following rules and notes to rules are amended to substitute for time limits set by the Criminal Procedure Rules 2015 equivalent time limits expressed in business days: 3.14(2)(c), 3.15(1)(a), 3.17(2)(b), 3.20(3), 3.21(3), 3.24(5)(a), 3.24(5)(b), 5.7(6)(b), 5.7(6)(,), 6.5(4)(c), 9.16(2)(a), 9.16(3)(a), 9.16(4)(b), 10.4(2), 10.5(2)(b), 11.2(4)(b), 11.5(4), 11.7(3), 12.3(2)(b), 15.5(5)(b), 15.7(5)(a), 15.8(3), 16.4(4)(b), 16.4(4)(b)(ii), 16.4(4)(b)(iii), 17.5(4)(a), 18.3(a)(i), 18.3(a)(ii), 18.8(b), 18.13(2)(b), 18.14(b), 18.17(2)(b), 18.22(2)(b), 18.23(b), 18.26(2)(b), 19.3(2)(b), 20.2(3)(a), 20.2(3)(b), 20.3(2)(c), 21.3(3)(b), 21.3(4)(a), 21.3(5)(b), 21.4(3)(a), 21.4(3)(b), 21.4(4)(b), 21.4(5)(b), 22.2(1)(b), 22.4(1)(b), 22.6(2)(b), 22.7(2)(a), 22.7 note, 23.3(1)(b), 23.7(2)(b), 24.9(4), 24.9(5), 24.9(6), 24.17(2)(a), 27.5(2)(a), 29.5(2)(a), 29.6(6)(a), 30.10(3)(b), 30.10(4)(b), 31.2(2)(a), 31.5(5)(b), 31.7(2)(a), 31.7(4)(b), 31.8(2)(a), 31.8(3)(b), 34.2(2)(b), 34.2(5)(b), 34.6(2), 34.7(2)(b), 34.7(4), 35.2(3)(b), 35.2(5)(b), 35.3(3), 35.3(6)(b), 35.3(7), 36.5(2)(b), 36.5 note, 36.12(5)(a), 36.14(3)(c), 36.14 note, 39.2(1)(b), 39.2(1)(c), 39.4(1)(b), 39.6(4)(a), 39.6(4)(b), 39.7(2)(b), 39.10(3), 39.12(3)(b), 41.4(3)(a), 41.4(3)(b), 42.12(2), 42.16(5), 45.6(4)(,), 45.6(5)(b), 45.8(6)(b), 45.9(6)(b), 45.10(6)(b), 45.11(5)(b), 45.11(7)(a), 45.11(7)(b), 45.11(7)(c), 45.12(2)(a), 45.12(3)(a), 45.13(2)(b), 45.13(3)(b), 47.13(5)(a), 47.20(5)(a), 47.36(1)(b), 47.36(2), 47.40(2)(b), 47.45(2)(a), 47.50(2)(b), 48.2(2), 48.9(2)(b), 48.9(4)(b), 48.11(1)(b), 48.14(3), 48.14(4), 48.15(3), 48.15(4), 50.28(5)(a). Time limits to which the Rules refer but which are set by other legislation remain unchanged. Connectives expressing conjunction, disjunction and reservation. The following rules are amended to include connectives omitted from the Criminal Procedure Rules 2015: 2.4(1)(a), 2.4(2)(a), 2.6(5)(a), 2.6(7)(a), 2.7(2)(b), 2.7(6)(a), 2.8(2)(w), 2.8(4)(h), 2.8(5)(e), 2.8(6)(a), 2.8(7)(b), 2.8(8)(b), 2.8(9)(a), 2.8(10)(b), 2.8(11)(a), 2.9(2)(a), 3.9(5)(c), 3.12(a), 3.13(1)(b), 3.14(1)(b), 3.14(2)(b), 3.15(1)(a), 3.15(2), 3.17(1)(a), 3.17(2)(b), 3.19(1)(a), 3.23(4)(a)(i), 3.23(5)(a), 3.24(4)(b), 3.27(1)(a), 3.29(3)(b)(i), 4.3(4)(b), 4.4(3)(b), 4.7(1)(a), 4.7(2)(a), 4.9(1)(a), 5.5(2)(b), 5.5(4)(a), 5.7(3)(a), 5.7(4)(a), 5.7(4)(b)(ii), 5.7(6)(c), 5.7(9)(a), 5.8(1)(c), 5.8(3)(a), 5.8(9)(a), 5.8(11)(a), 5.9(3)(a), 6.1(1)(d), 6.3(1)(c), 6.4(1)(a), 6.4(3)(e), 6.5(3)(c), 6.7(3)(a), 6.9(5)(c), 6.10(2)(a), 7.1(1)(c), 7.2(12)(b), 8.3(a), 9.2(3)(a), 9.4(2)(b), 9.4(3)(b), 9.7(3)(b), 9.10(2)(d), 9.11(3)(b), 9.11(3)(c)(ii), 9.11(4)(b), 9.13(6)(b), 9.16(2)(b), 9.16(3)(a), 9.16(4)(a), 9.16(4)(b)(i), 9.16(5)(a), 10.1(d), 10.2(5)(a), 10.2(5)(b)(ii), 10.9(5)(a), 11.2(1)(b), 11.2(6)(a), 11.2(7)(a), 11.10(1)(a), 11.10(2)(a), 11.11(1)(a), 12.1(1)(a), 12.2(2)(a), 13.6(1)(c), 14.1(a), 14.2(1)(c), 14.3(2)(b), 14.4(2)(e), 14.4(5)(a), 14.6(1)(a), 14.6(7)(a), 14.6(8)(b), 14.7(1)(a), 14.7(6)(a), 14.7(7)(b), 14.9(4)(a), 14.13(1)(a), 14.14(1)(b), 14.16(2)(a), 14.17(2)(a), 14.17(4)(a), 14.19(1)(a), 14.19(2)(b), 14.20(2)(b), 14.20(4)(a), 14.22(3)(a), 15.1, 15.3(5)(a), 15.3(9)(a), 15.4(1)(a), 15.6(5)(a), 17.5(3)(b)(i), 17.7(b), 17.7(c), 18.1(e), 18.7(1)(a), 18.7(2)(a), 18.8(a), 18.10(g)(i), 18.13(4)(b), 18.14(a), 18.15(b), 18.18(1)(a), 18.18(2)(b), 18.23(a), 18.24(1)(c), 18.24(3)(b), 19.3(1)(a), 19.3(2)(b)(i), 19.3(3)(c), 19.3(4)(a), 19.9(5)(a), 20.1, 20.2(1)(c), 20.5(1)(b), 21.1, 21.2(1)(a), 21.6(1)(b), 22.1, 22.4(1)(a), 23.1(a), 23.2(2)(c), 23.2(3)(a), 23.2(7)(a)(vi), 23.3(1)(a), 24.1, 24.3(6)(b)(i), 24.4(4)(b), 24.8(3)(b), 24.9(3)(b), 24.9(4)(b), 24.9(8)(b), 24.9(10)(b), 24.11(4)(a), 24.11(10)(a), 24.12(3), 24.15(3)(a), 24.15(4)(a), 24.16(e)(i), 24.17(2)(a), 24.17(4)(b), 24.17(5)(c)(i), 24.18(2)(a), 24.18(5)(a), 25.1, 25.2(1)(b), 25.3(1)(a), 25.6(1)(a), 25.6(6)(a), 25.9(2)(c)(i), 25.10(2)(a), 25.11(2)(c)(i), 25.11(4)(c), 26.1(5)(c), 26.3(b)(iii), 26.3(b), 26.4(1)(a), 27.2(4)(b), 27.3(2)(a), 27.3(3)(c), 27.4(1)(a)(i), 27.4(1)(a), 27.4(2)(b), 27.4(3)(c)(ii), 27.5(3)(d)(iv), 27.6(3)(b), 28.1(1)(c), 28.4(2)(a), 28.4(5)(a), 29.1(2)(c), 29.3(2)(b)(i), 29.3(2)(b), 29.6(6)(a), 30.5(1)(a), 30.5(2)(c), 30.8(1)(b), 30.8(5)(a), 30.9(5)(a), 31.1(b), 31.2(2)(a), 31.3(1)(b), 31.3(5)(a), 31.3(6)(a), 31.9(1)(a)(ii), 31.9(4)(a), 31.10(2)(c), 33.13(2)(b), 33.13(4)(b), 33.13(5)(e), 33.14(1)(a), 33.14(3)(a)(i), 33.14(5)(a), 33.15(1)(b), 33.15(4)(a), 33.16(5)(a), 33.17(5)(a), 33.25(4)(b), 33.26(1)(b), 33.26(2)(a), 33.26(3)(b), 33.27(5)(a), 33.27(5)(b)(i), 33.28(1)(a), 33.28(4)(a), 33.29(4)(a), 33.30(5)(a), 33.31(1)(a), 33.31(2)(a), 33.31(3)(b), 34.1(1)(a)(iii), 34.2(3)(b), 34.4(2)(a)(viii), 34.10(c), 35.2(2)(d)(ii), 35.3(3)(a), 35.3(4)(c), 36.3(c), 36.5(2)(a), 36.14(3)(b), 36.14(5)(c), 36.15(1)(a), 37.3(2)(e)(ii), 37.5(5)(e)(i), 37.5(5)(e), 38.7(5)(e)(i), 38.7(5)(e), 39.2(1)(b), 39.2(2), 39.2(5)(b), 39.3(1)(e)(viii), 39.3(1)(e), 39.4(1), 39.6(6)(f)(v), 39.8(1)(a), 39.9(6)(a), 39.12(3)(a), 39.14(2)(a), 40.2(2)(a), 41.4(3)(a), 41.4(4)(e)(ii), 41.4(5)(c)(ii), 43.2(4)(b), 45.4(4), 45.4(6)(b), 45.6(1)(a), 45.7(1)(a), 45.8(4)(b), 45.9(4)(b), 45.10(4)(b), 45.11(7)(a), 45.13(2)(b)(i), 46.1(1)(b), 46.2(1)(b), 46.2(4)(a), 46.3(1)(a), 46.3(3)(h)(ii), 47.4(b)(ii), 47.4(c)(i), 47.4(d)(iv), 47.4(f), 47.6(2)(e), 47.17(2)(c), 47.20(5)(a), 47.24(a)(i), 47.24(b)(ii), 47.24(c), 47.30(4)(c), 47.31(5)(a), 47.32(4)(b)(iv), 47.32(5)(c)(i), 47.32(6)(b), 47.33(5)(a), 47.35(1)(a), 47.36(1)(a), 47.38(4)(c), 47.38(5)(b), 47.42(a), 47.46(a), 47.46(b)(i), 47.50(1)(a), 47.51(a), 47.53(1)(a), 47.55(1)(b)(ii), 47.59(1)(a)(i), 47.59(1)(a), 47.60(1)(b)(ii), 47.60(3)(a), 47.61(1)(a), 47.61(2)(c), 47.61(3)(j), 47.61(5)(a)(ii), 47.61(5)(a), 47.63(1)(b)(i), 47.65(3)(a), 47.67(1)(b)(ii), 47.68(1)(e), 47.69(1)(c), 48.2(1)(a), 48.5(1)(d), 48.6(2)(a), 48.9(1)(a), 48.16(3)(e), 49.10(2)(a), 49.11(4)(a), 49.11(7)(a), 49.12(2)(a), 49.12(3)(a), 49.12(6)(c)(iii), 49.13(2)(a), 49.13(5)(c)(iv), 49.14(2)(a), 49.14(2)(b), 49.14(2)(c)(i), 49.14(3)(b), 49.15(2)(a), 49.15(2)(b), 49.15(2)(c)(i), 49.15(3)(b), 49.16(1)(a), 49.17(1)(a)(ii), 49.17(1)(b), 49.17(2)(a), 49.17(5), 50.1(2)(a), 50.1(3)(a), 50.1(4)(a), 50.1(5)(b), 50.3(7)(b), 50.4(3)(a), 50.4(4)(a), 50.4(4)(b)(i), 50.4(6)(a)(ii), 50.6(2)(c)(i), 50.6(2)(f), 50.13(2)(j), 50.16(1)(a)(ii), 50.17(6)(c), 50.19(2)(a), 50.19(3)(b), 50.20(5)(a), 50.20(6)(a), 50.20(7)(a), 50.21(3)(a), 50.21(3)(b)(i), 50.21(4)(a)(ii), 50.22(1)(a), 50.22(5)(b), 50.23(3)(a)(ii), 50.23(3)(a), 50.23(4)(a), 50.24(3)(a), 50.25(4)(a), 50.26(b)(ii), 50.29(3)(d),50.32(4)(a)(ii) and 50.32(4)(a). Amendments to cross-references, etc. The following rules, and notes to rules (‘n’), are amended to bring up to date the cross-references they contain, both generally and in consequence of the re-arrangement of Part 3 of the Rules: 2.4, 2.8, 3.5(n), 3.13(n), 4.10, 5.4(n), 9.1, 10.1(n), 10.2, 10.2(n), 10.3, 10.4, 22.7, 23.2, 24.1(n), 24.15, 25.3(n), 25.4(n), 25.9(n), 28.4, 28.4(n), 28.8(n), 34.3(n), 36.2, 50.18. The glossary omits the expression ‘justices’ clerk’ which no longer appears in the Rules. These Rules come into force on 5th October 2020.

Read the full note and every offence in this instrument

How this became law

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.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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.

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