The Criminal Procedure (Amendment No. 2) Rules 2007

• Citation: S.I. 2007/2317
• Sections: 100

Section 1 Citation, commencement and interpretation

These Rules may be cited as the Criminal Procedure (Amendment No. 2) Rules 2007 and shall come into force on 1st October 2007.

Section 2 Citation, commencement and interpretation

In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2005 .

Section 3 Amendments to the Criminal Procedure Rules 2005

After rule 2.1(6) (When the rules apply), insert—

(7) The rules in Parts 65, 66, 67, 68, 69 and 70 apply where an appeal, application or reference, to which one of those Parts applies, is made on or after 1st October 2007. In other cases the rules replaced by those rules apply.

Section 4 Amendments to the Criminal Procedure Rules 2005

In rule 2.2(1) (Definitions)—

(a) at the appropriate place, insert—

(i) ““business day” means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday;”;

(ii) ““live link” means an arrangement by which a person can see and hear, and be seen and heard by, the court when that person is not in court;”; and

(iii) ““public interest ruling” means a ruling about whether it is in the public interest to disclose prosecution material under sections 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 1996 .”;

(b) at the end of the definition of “court officer”, omit “and”; and

(c) at the end of the definition of “Practice Direction”, for “.”, substitute “; and”.

Section 5 Amendments to the Criminal Procedure Rules 2005

In Part 13 (Dismissal of charges transferred or sent to the Crown Court), in the table of contents—

(a) in the first column, omit “Service of documents”; and

(b) in the second column, omit “rule 13.6”.

Section 6 Amendments to the Criminal Procedure Rules 2005

In Part 15 (Preparatory hearings in case of serious fraud and other complex or lengthy cases in the Crown Court), in the table of contents—

(a) in the first column, omit “Service”; and

(b) in the second column, omit “rule 15.6”.

Section 7 Amendments to the Criminal Procedure Rules 2005

In Part 34 (Hearsay evidence), in the table of contents—

(a) in the first column, omit “Methods of giving notice”; and

(b) in the second column, omit “rule 34.6”.

Section 8 Amendments to the Criminal Procedure Rules 2005

In Part 35 (Evidence of bad character), in the table of contents—

(a) in the first column, omit “Methods of giving notice”; and

(b) in the second column, omit “rule 35.7”.

Section 9 Amendments to the Criminal Procedure Rules 2005

In Part 37 (Summary trial)—

(a) in the table of contents, in the second column—

(i) for “rule 37.6”, substitute “rule 37.7”, and

(ii) for “rule 37.7”, substitute “rule 37.8”;

(b) in the table of contents—

(i) in the first column, insert in the appropriate place “Application to change a plea of guilty”, and

(ii) in the second column, insert in the appropriate place “rule 37.6”;

(c) after rule 37.5 (Notice of intention to cite previous convictions), insert—

Application to change a plea of guilty

(37.6)

(1) The defendant must apply as soon as practicable after becoming aware of the grounds for making an application to change a plea of guilty, and may only do so before the final disposal of the case, by sentence or otherwise.

(2) Unless the court otherwise directs, the application must be in writing and it must—

(a) set out the reasons why it would be unjust for the guilty plea to remain unchanged;

(b) indicate what, if any, evidence the defendant wishes to call;

(c) identify any proposed witness; and

(d) indicate whether legal professional privilege is waived, specifying any material name and date.

(3) The defendant must serve the written application on—

(a) the court officer; and

(b) the prosecutor.

(d) Renumber rule 37.6 (Preservation of depositions where offence triable either way is dealt with summarily) as rule 37.7; and

(e) Renumber rule 37.7 (Order of evidence and speeches: complaint) as rule 37.8.

Section 10 Amendments to the Criminal Procedure Rules 2005

In Part 39 (Trial on indictment)—

(a) In the table of contents—

(i) at the end of the first column, insert “Application to change a plea of guilty”, and

(ii) at the end of the second column, insert “rule 39.3”;

(b) In the note after rule 39.1 (Time limits for beginning of trials), omit “For time limits for the listing of plea and directions hearings see direction IV.42 in the Practice Direction.”; and

(c) after rule 39.2 (Appeal against refusal to excuse from jury service or to defer attendance), insert—

Application to change a plea of guilty

(39.3)

(1) The defendant must apply as soon as practicable after becoming aware of the grounds for making an application to change a plea of guilty, and may only do so before the final disposal of the case, by sentence or otherwise.

(2) Unless the court otherwise directs, the application must be in writing and it must—

(a) set out the reasons why it would be unjust for the guilty plea to remain unchanged;

(b) indicate what, if any, evidence the defendant wishes to call;

(c) identify any proposed witness; and

(d) indicate whether legal professional privilege is waived, specifying any material name and date.

(3) The defendant must serve the written application on—

(a) the court officer; and

(b) the prosecutor.

Section 11 Amendments to the Criminal Procedure Rules 2005

In Part 41 (Retrial following acquittal for serious offence), in the table of contents—

(a) in the first column, omit “Service”; and

(b) in the second column, omit “rule 41.17”.

Section 12 Amendments to the Criminal Procedure Rules 2005

In Part 52 (Enforcement of fines), in the table of contents—

(a) in the first column, omit “Notice of date of magistrates' court means enquiry”; and

(b) in the second column, omit “rule 52.5”.

Section 13 Amendments to the Criminal Procedure Rules 2005

In Part 55 (Road traffic penalties), in the table of contents—

(a) in the first column, omit “Notice of registration to defaulter under section 71(6) of the Road Traffic Offenders Act 1988 ”; and

(b) in the second column omit “rule 55.4”.

Section 14 Amendments to the Criminal Procedure Rules 2005

In the heading to Part 63 (Appeal to the Crown Court against conviction or sentence), omit “against conviction or sentence”.

Section 15 Amendments to the Criminal Procedure Rules 2005

In rule 63.1 (Application of this Part)—

(a) for “and”, substitute “,”; and

(b) after “supervision order)”, insert “and section 14A(5A) of the Football Spectators Act 1989 (failure to make football banning order)”.

Section 16 Amendments to the Criminal Procedure Rules 2005

In the note after rule 63.1, for “Formerly”, substitute “This rule derives in part from”.

Section 17 Amendments to the Criminal Procedure Rules 2005

In rule 63.2(3) (Notice of appeal), for “day on which the decision appealed against is given”, substitute “making of, or failure to make, the decision appealed against”.

Section 18 Amendments to the Criminal Procedure Rules 2005

In the note after rule 63.2, for “Formerly”, substitute “This rule derives in part from”.

Section 19 Amendments to the Criminal Procedure Rules 2005

In rule 63.3(2) (Documents to be sent to Crown Court), for “and of the last known or usual place of abode”, substitute “or proceedings, and details of the last known addresses”.

Section 20 Amendments to the Criminal Procedure Rules 2005

In rule 63.3(3), omit “for the court from whose decision the appeal is brought”.

Section 21 Amendments to the Criminal Procedure Rules 2005

In the note after rule 63.3, for “Formerly”, substitute “This rule derives in part from”.

Section 22 Amendments to the Criminal Procedure Rules 2005

In rule 63.8(1) (Number and qualification of justices – dispensation for special circumstances), for “constituted without unreasonable delay and the Court includes one justice who is a member of a youth court panel.”, substitute

so constituted without unreasonable delay and the Court includes—

in the case of the hearing of an appeal from a youth court, one justice who is a member of a youth court panel; or

in any other case, one justice.

Section 23 Amendments to the Criminal Procedure Rules 2005

In the note after rule 63.8, for “Formerly”, substitute “This rule derives in part from”.

Section 24 Amendments to the Criminal Procedure Rules 2005

In rule 63.9 (Disqualifications), for “he”, substitute “that justice”.

Section 25 Amendments to the Criminal Procedure Rules 2005

In the note after rule 63.9, for “Formerly”, substitute “This rule derives in part from”.

Section 26 Amendments to the Criminal Procedure Rules 2005

In Part 64 (Appeal to the High Court by way of case stated), in the table of contents—

(a) in the first column, omit “Service of documents on application to magistrates' court”; and

(b) in the second column, omit “rule 64.5”.

Section 27 Amendments to the Criminal Procedure Rules 2005

For Part 65 (Appeal to the Court of Appeal against ruling in preparatory hearing), substitute the Part as set out in Schedule 1 to these Rules.

Section 28 Amendments to the Criminal Procedure Rules 2005

For Part 66 (Appeal to the Court of Appeal against ruling adverse to prosecution), substitute the Part as set out in Schedule 2 to these Rules.

Section 29 Amendments to the Criminal Procedure Rules 2005

For Part 67 (Appeal to the Court of Appeal against order restricting reporting or public access), substitute the Part as set out in Schedule 3 to these Rules.

Section 30 Amendments to the Criminal Procedure Rules 2005

For Part 68 (Appeal to the Court of Appeal against conviction, sentence or sentence review decision), substitute the Part as set out in Schedule 4 to these Rules.

Section 31 Amendments to the Criminal Procedure Rules 2005

For Part 69 (Reference to the Court of Appeal of point of law), substitute the Part as set out in Schedule 5 to these Rules.

Section 32 Amendments to the Criminal Procedure Rules 2005

For Part 70 (Reference to the Court of Appeal of unduly lenient sentence), substitute the Part as set out in Schedule 6 to these Rules.

Section 33 Amendments to the Criminal Procedure Rules 2005

In Part 71 (Appeal to the Court of Appeal under the Proceeds of Crime Act 2002 – general rules), in the table of contents—

(a) in the first column, omit “Service of documents”; and

(b) in the second column, omit “rule 71.11”.

Section 34 Amendments to the Criminal Procedure Rules 2005

In the heading to Part 74 (Appeal to the House of Lords), after “Appeal”, insert “or reference”.

Section 35 Amendments to the Criminal Procedure Rules 2005

In Part 74 (Appeal to the House of Lords)—

(a) in the table of contents, in the first column, after “appeal”, insert “or to refer a case”;

(b) in the heading to rule 74(1) (Application for leave to appeal from the Criminal Division of the Court of Appeal to the House of Lords), after “leave to appeal”, insert “or to refer a case”;

(c) in rule 74.1(1)(a), after “2005”, insert “, or for a reference to the House of Lords under section 36(3) of the Criminal Justice Act 1972 or section 36(5) of the Criminal Justice Act 1988 ”; and

(d) in rule 74.1(1)—

(i) after “from which an appeal”, insert “or reference”, and

(ii) after “Registrar”, insert—

within 7 business days of the reasons for the court’s decision, where the appeal to the court concerned a decision under Part 9 of the Criminal Justice Act 2003 ; or

within 14 days of the court’s opinion, where a reference to the court was made under section 36(3) of the Criminal Justice Act 1972.

Section 36 Amendments to the Criminal Procedure Rules 2005

In the note after rule 74.1, for “Formerly”, substitute “This rule derives in part from”.

Section 65.1 When this Part applies

(1) This Part applies to all the appeals and references to the Court of Appeal to which Parts 66, 67, 68, 69 and 70 apply.

(2) In this Part and in those, unless the context makes it clear that something different is meant—

“court” means the Court of Appeal or any judge of that court;

“Registrar” means the Registrar of Criminal Appeals or a court officer acting with the Registrar’s authority.

[ Note. See rule 2.2 for the usual meaning of ‘court’.

Under section 53 of the Supreme Court Act 1981 the criminal division of the Court of Appeal exercises jurisdiction in the appeals and references to which Parts 66, 67, 68, 69 and 70 apply. Under section 55 of that Act the Court of Appeal must include at least two judges, and for some purposes at least three. For the powers of the Court of Appeal that may be exercised by one judge of that court or by the Registrar, see sections 31 , 31A , 31B and 31C of the Criminal Appeal Act 1968; section 49 of the Criminal Justice Act 2003 ; the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005 ; the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006 ; and the power conferred by section 53(4) of the 1981 Act.]

Section 65.2 Case management in the Court of Appeal

(1) The court and the parties have the same duties and powers as under Part 3 (case management).

(2) The Registrar—

(a) must fulfil the duty of active case management under rule 3.2; and

(b) in fulfilling that duty may exercise any of the powers of case management under—

(i) rule 3.5 (the court’s general powers of case management),

(ii) rule 3.9(3) (requiring a certificate of readiness), and

(iii) rule 3.10 (requiring a party to identify intentions and anticipated requirements)

subject to the directions of the court.

(3) The Registrar must nominate a case progression officer under rule 3.4.

Section 65.3 Power to vary requirements

The court or the Registrar may—

(a) shorten a time limit or extend it (even after it has expired) unless that is inconsistent with other legislation;

(b) allow a party to vary any notice that that party has served;

(c) direct that a notice or application be served on any person;

(d) allow a notice or application to be in a different form, or presented orally.

[ Note. The time limit for serving an appeal notice (a) under section 18 of the Criminal Appeal Act 1968 on an appeal against conviction or sentence and (b) under section 18A of that Act on an appeal against a finding of contempt of court, may be extended but not shortened: see rule 68.2. The time limit for serving an application for permission to refer a sentencing case under section 36 of the Criminal Justice Act 1988 may be neither extended nor shortened: see rule 70.2(2). ]

Section 65.4 Application for extension of time

A person who wants an extension of time within which to serve a notice or make an application must—

(a) apply for that extension of time when serving that notice or making that application; and

(b) give the reasons for the application for an extension of time.

Section 65.5 Renewing an application refused by a judge or the Registrar

(1) This rule applies where a party wants to renew—

(a) to a judge of the Court of Appeal an application refused by the Registrar; or

(b) to the Court of Appeal an application refused by a judge of that court.

(2) That party must—

(a) renew the application in the form set out in the Practice Direction, signed by or on behalf of the applicant;

(b) serve the renewed application on the Registrar not more than 14 days after—

(i) the refusal of the application that the applicant wants to renew; or

(ii) the Registrar serves that refusal on the applicant, if the applicant was not present in person or by live link when the original application was refused.

[ Note. The time limit of 14 days under this rule is reduced to 5 days where Parts 66, 67 or 69 apply: see rules 66.7, 67.10 and 69.7.

For the right to renew an application to a judge or to the Court of Appeal, see sections 31(3) and 31C of the Criminal Appeal Act 1968.

If an applicant does not renew an application that a judge has refused, including an application for permission to appeal, the Registrar will treat it as if it had been refused by the Court of Appeal.

Under section 22 of the Criminal Appeal Act 1968 the Court of Appeal may direct that an appellant who is in custody is to attend a hearing by live link. ]

Section 65.6 Hearings

(1) The general rule is that the Court of Appeal must hear in public—

(a) an application, including an application for permission to appeal; and

(b) an appeal or reference,

but it may order any hearing to be in private.

(2) Where a hearing is about a public interest ruling that hearing must be in private unless the court otherwise directs.

(3) Where the appellant wants to appeal against an order restricting public access to a trial the court must decide without a hearing—

(a) an application, including an application for permission to appeal; and

(b) an appeal.

(4) A judge of the Court of Appeal and the Registrar may exercise any of their powers—

(a) at a hearing in public or in private; or

(b) without a hearing.

[ Note. For the procedure on an appeal against an order restricting public access to a trial, see Part 69. ]

Section 65.7 Notice of hearings and decisions

(1) The Registrar must give as much notice as reasonably practicable of every hearing to—

(a) the parties;

(b) any party’s custodian;

(c) any other person whom the court requires to be notified; and

(d) the Crown Court officer, where Parts 66, 67 or 69 apply.

(2) The Registrar must serve every decision on—

(a) the parties;

(b) any other person whom the court requires to be served; and

(c) the Crown Court officer and any party’s custodian, where the decision determines an appeal or application for permission to appeal.

(3) But where a hearing or decision is about a public interest ruling, the Registrar must not—

(a) give notice of that hearing to; or

(b) serve that decision on,

anyone other than the prosecutor who applied for that ruling, unless the court otherwise directs.

Section 65.8 Duty of Crown Court officer

(1) The Crown Court officer must provide the Registrar with any document, object or information for which the Registrar asks within such period as the Registrar may require.

(2) Unless the Crown Court otherwise directs, where someone may appeal to the Court of Appeal the Crown Court officer must—

(a) arrange for the recording of the proceedings in the Crown Court;

(b) arrange for the transcription of such a recording if—

(i) the Registrar wants such a transcript, or

(ii) anyone else wants such a transcript (but that is subject to the restrictions in rule 65.9(2)); and

(c) arrange for any document or object exhibited in the proceedings in the Crown Court to be kept there, or kept by some other appropriate person, until 6 weeks after the conclusion of those proceedings.

(3) Where Part 66 applies (appeal to the Court of Appeal against ruling at preparatory hearing), the Crown Court officer must as soon as practicable serve on the appellant a transcript or note of—

(a) each order or ruling against which the appellant wants to appeal; and

(b) the decision by the Crown Court judge on any application for permission to appeal.

(4) Where Part 67 applies (appeal to the Court of Appeal against ruling adverse to prosecution), the Crown Court officer must as soon as practicable serve on the appellant a transcript or note of—

(a) each ruling against which the appellant wants to appeal;

(b) the decision by the Crown Court judge on any application for permission to appeal; and

(c) the decision by the Crown Court judge on any request to expedite the appeal.

(5) Where Part 68 applies (appeal to the Court of Appeal about conviction or sentence), the Crown Court officer must as soon as practicable serve on the Registrar—

(a) the appeal notice and any accompanying application that the appellant serves on the Crown Court officer;

(b) any Crown Court judge’s certificate that the case is fit for appeal;

(c) the decision on any application at the Crown Court centre for bail pending appeal;

(d) such of the Crown Court case papers as the Registrar requires; and

(e) such transcript of the Crown Court proceedings as the Registrar requires.

(6) Where Part 69 applies (appeal to the Court of Appeal regarding reporting or public access) and an order is made restricting public access to a trial, the Crown Court officer must—

(a) immediately notify the Registrar of that order, if the appellant has given advance notice of intention to appeal; and

(b) as soon as practicable provide the applicant for that order with a transcript or note of the application.

[ Note. See also rules 65.9 (duty of person transcribing record of proceedings in the Crown Court) and 65.10 (duty of person keeping exhibit). ]

Section 65.9 Duty of person transcribing proceedings in the Crown Court

(1) A person who transcribes a recording of proceedings in the Crown Court under arrangements made by the Crown Court officer must provide the Registrar with any transcript for which the Registrar asks within such period as the Registrar may require.

(2) Unless the Crown Court otherwise directs, such a person—

(a) must not provide anyone else with a transcript of a public interest ruling or of an application for such a ruling;

(b) subject to that, must provide anyone else with any transcript for which that person asks—

(i) in accordance with the transcription arrangements made by the Crown Court officer, and

(ii) on payment by that person of any charge fixed by the Treasury.

[ Note. Section 32 of the Criminal Appeal Act 1968 deals with the recording of proceedings in the Crown Court, the transcription of such a recording and the charge for providing such a transcript. See also rule 65.8(2) (duty of Crown Court officer). ]

Section 65.10 Duty of person keeping exhibit

A person who under arrangements made by the Crown Court officer keeps a document or object exhibited in the proceedings in the Crown Court must—

(a) keep that exhibit until—

(i) 6 weeks after the conclusion of the Crown Court proceedings, or

(ii) the conclusion of any proceedings in the Court of Appeal that begin within that 6 weeks,

unless the court, the Registrar or the Crown Court otherwise directs; and

(b) provide the Registrar with any such document or object for which the Registrar asks within such period as the Registrar may require.

[ Note. See also rule 65.8(2) (duty of Crown Court officer). ]

Section 65.11 Registrar’s duty to provide copy documents for appeal or reference

Unless the court otherwise directs, for the purposes of an appeal or reference—

(a) the Registrar must—

(i) provide a party with a copy of any document or transcript held by the Registrar for such purposes, or

(ii) allow a party to inspect such a document or transcript on payment by that party of any charge fixed by the Treasury; but

(b) the Registrar must not provide a copy or allow the inspection of—

(i) a document provided only for the court and the Registrar, or

(ii) a transcript of a public interest ruling or of an application for such a ruling.

[ Note. Section 21 of the Criminal Appeal Act 1968 requires the Registrar to collect, prepare and provide documents needed by the court. ]

Section 65.12 Declaration of incompatibility with a Convention right

(1) This rule applies where a party—

(a) wants the court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998 ; or

(b) raises an issue that the Registrar thinks may lead the court to make such a declaration.

(2) The Registrar must serve notice on—

(a) the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947 ; or

(b) the Treasury Solicitor, if it is not clear who is the relevant person.

(3) That notice must include or attach details of—

(a) the legislation affected and the Convention right concerned;

(b) the parties to the appeal; and

(c) any other information or document that the Registrar thinks relevant.

(4) A person who has a right under the 1998 Act to become a party to the appeal must—

(a) serve notice on—

(i) the Registrar, and

(ii) the other parties,

if that person wants to exercise that right; and

(b) in that notice—

(i) indicate the conclusion that that person invites the court to reach on the question of incompatibility, and

(ii) identify each ground for that invitation, concisely outlining the arguments in support.

(5) The court must not make a declaration of incompatibility—

(a) less than 21 days after the Registrar serves notice under paragraph (2); and

(b) without giving any person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.

Section 65.13 Abandoning an appeal

(1) This rule applies where an appellant wants to—

(a) abandon—

(i) an application to the court for permission to appeal, or

(ii) an appeal; or

(b) reinstate such an application or appeal after abandoning it.

(2) The appellant—

(a) may abandon such an application or appeal without the court’s permission by serving a notice of abandonment on—

(i) the Registrar, and

(ii) any respondent

before any hearing of the application or appeal; but

(b) at any such hearing, may only abandon that application or appeal with the court’s permission.

(3) A notice of abandonment must be in the form set out in the Practice Direction, signed by or on behalf of the appellant.

(4) On receiving a notice of abandonment the Registrar must—

(a) date it;

(b) serve a dated copy on—

(i) the appellant,

(ii) the appellant’s custodian, if any,

(iii) the Crown Court officer, and

(iv) any other person on whom the appellant or the Registrar served the appeal notice; and

(c) treat the application or appeal as if it had been refused or dismissed by the Court of Appeal.

(5) An appellant who wants to reinstate an application or appeal after abandoning it must—

(a) apply in writing, with reasons; and

(b) serve the application on the Registrar.

[ Note. The Court of Appeal has power only in exceptional circumstances to allow an appellant to reinstate an application or appeal that has been abandoned. ]

Section 65.14 Abandoning a ground of appeal or opposition

(1) This rule applies where a party wants to abandon—

(a) a ground of appeal identified in an appeal notice; or

(b) a ground of opposition identified in a respondent’s notice.

(2) Such a party must give written notice to—

(a) the Registrar; and

(b) every other party,

before any hearing at which that ground will be considered by the court.