UK Offence Report

Allocation by written procedure for youth court or Crown Court trial

paragraph 9.19(4)(a)(v) of SCHEDULE 1 of The Criminal Procedure (Amendment No. 2) Rules 2024

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

v if the defendant is sent for trial on bail, failure to attend at the Crown Court when required is an offence for which the defendant may be arrested and punished and bail may be withdrawn, and

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 This is the text as originally made; later amendments are not shown here.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 paragraph 9.19(4)(a)(v) of SCHEDULE 1?

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 (Amendment No. 2) Rules 2024, 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 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
30 July 2024
In force from
Not determined
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 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.

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.

Check the source