UK Offence Report

Sentencing, etc. after committal to the Crown Court

rule 28.12(e) of The Criminal Procedure (Amendment) Rules 2022

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

e section

19 of the 2020 Act (Committal for sentence on indication of guilty plea by child with related offences) where the defendant is under 18, the court has sent the defendant to the Crown Court for trial for

a related offence, and the offence of which the defendant has been convicted is one to which section

19 refers (offences punishable with imprisonment for

14 years or more and certain sexual offences); or

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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 28.12(e)?

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. Doing what the provision prohibits, or failing to do what it requires under the Criminal Procedure (Amendment) Rules 2022.

Penalty

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

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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
17 January 2022
In force from
4 April 2022
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.

These Rules amend the Criminal Procedure Rules 2020, S.I. 2020/759, as follows: Rule Amendment Part 3 Rules 3.3 and 3.8 are amended explicitly to provide for directions for the participation of a witness companion while the witness gives evidence. Part 5 Rule 5.4 is amended explicitly to require the recording of any statement or opinion by a magistrates’ court under the legislation to which those amendments refer, which legislation affects the powers of the Crown Court when a defendant is committed there for sentence. Part 7 Rule 7.4 is amended explicitly to require the service on the parent or guardian of a young defendant of a copy of the summons or requisition served on that defendant. Part 9 New rule 9.15 is added explicitly to require an opinion by a magistrates’ court under the legislation to which the new rule refers, which opinion affects the powers of the Crown Court when a defendant is committed there for sentence. Rules 9.1, 9.2 and 9.5 are amended to refer to and supplement the new rule. Part 24 Rule 24.8 is amended to encourage prompt entry of any written guilty plea that the defendant may wish to make where that rule applies. Rule 24.11 is amended (i) explicitly to require a statement by a magistrates’ court under the legislation to which the amendment refers, which statement affects the powers of the Crown Court when a defendant is committed there for sentence, and (ii) explicitly to acknowledge the magistrates’ court’s powers to commit a defendant for sentence. Part 25 Rule 25.14 is amended to encourage written as well as oral directions to jurors. Part 28 The heading to the Part and rule 28.10 are amended, and new rule 28.12 is added, explicitly to acknowledge (i) the magistrates’ court’s powers under the legislation to which the new rule refers, and (ii) the Crown Court’s procedure and sentencing powers when a defendant is committed there for sentence. Part 33 Rule 33.7 is amended to impose a time limit for an application for costs in restraint or receivership proceedings. Part 42 Rule 42.8 is amended (i) to require the Registrar of Criminal Appeals to notify the magistrates’ court responsible for enforcing a confiscation order if an unsuccessful application for permission to appeal is renewed under the legislation to which that rule applies, and (ii) in such circumstances explicitly to require that magistrates’ court’s staff to withhold the payment of any sum suspended in consequence of the application for permission. Rule 42.11 is amended to require notice of such an appeal and of its effect to be given to those listed in the amendments. Rules 42.12 and 42.13 are amended for consistency with the amendments to rule 42.11. These Rules come into force on 4th April 2022.

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 0.60.

Basis
the provision says the conduct is “punishable”
Confidence
0.60 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