The Criminal Procedure (Amendment) Rules 2007

• Citation: S.I. 2007/699
• Sections: 60

Section 1 Citation, commencement and interpretation

These Rules may be cited as the Criminal Procedure (Amendment) Rules 2007 and shall come into force on 2nd April 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 Revocation of Indictment Rules 1971

The Indictment Rules 1971 are revoked.

Section 4 Amendments to the Criminal Procedure Rules 2005

After rule 2.1(4) (When the rules apply), insert—

(5) The rules in Part 14 apply in cases in which one of the events listed in sub-paragraphs (a) to (d) of rule 14.1(1) takes place on or after 2nd April 2007. In other cases the rules of court replaced by those rules apply.

(6) The rules in Part 28 apply in cases in which an application under rule 28.3 is made on or after 2nd April 2007. In other cases the rules replaced by those rules apply.

Section 5 Amendments to the Criminal Procedure Rules 2005

For Part 4 (Service of documents), substitute the Part as set out in Schedule 1 to these Rules.

Section 6 Amendments to the Criminal Procedure Rules 2005

In the note after rule 7.5, for “Formerly”, substitute “This rule derives in part from”.

Section 7 Amendments to the Criminal Procedure Rules 2005

In rule 8.2 (Form of notice), omit from “; and, without prejudice” to the end.

Section 8 Amendments to the Criminal Procedure Rules 2005

In the note after rule 8.2, for “Formerly”, substitute “This rule derives in part from”.

Section 9 Amendments to the Criminal Procedure Rules 2005

For Part 14 (The indictment), substitute the Part as set out in Schedule 2 to these Rules.

Section 10 Amendments to the Criminal Procedure Rules 2005

In rule 19.1 (Application to a magistrates' court to vary conditions of police bail)—

(a) in paragraph (1)—

(i) in the opening words, after “Magistrates' Courts Act of 1980 ”, insert “or section 47(1E) of the Police and Criminal Evidence Act 1984 ”, and

(ii) for sub-paragraph (c), substitute—

(c) where the applicant has been bailed following charge, specify the offence with which he was charged and, in any other case, specify the offence under investigation;

(b) in paragraph (2)—

(i) in sub-paragraph (a), omit “(if any)”, and

(ii) in sub-paragraph (b), omit the words from “and, in either case” to the end;

(c) for paragraph (3), substitute—

(3) The court officer to whom an application is sent under paragraph (2) above shall serve notice in writing of the date, time and place fixed for the hearing of the application on—

(a) the applicant;

(b) the prosecutor or, if the applicant has not been charged, the chief officer of police or other investigator, together with a copy of the application; and

(c) any surety in connection with bail in criminal proceedings granted to, or the conditions of which were varied by a custody officer in relation to, the applicant.

(d) in paragraph (4), after “Christmas Day,”, insert “Boxing Day,”; and

(e) in paragraphs (6) and (7), after “the 1980 Act”, insert “or section 47(1E) of the 1984 Act”.

Section 11 Amendments to the Criminal Procedure Rules 2005

For the note after rule 19.1, substitute—

[Note. This rule derives in part from rule 84A of the Magistrates' Courts Rules 1981 . See also section 43B of the Magistrates' Courts Act 1980 and section 47 of the Police and Criminal Evidence Act 1984] .

Section 12 Amendments to the Criminal Procedure Rules 2005

In rule 19.2 (Application to a magistrates' court to reconsider grant of police bail)—

(a) in paragraph (1), omit “(if any)”;

(b) in paragraph (2)—

(i) in sub-paragraph (d), omit the second “and”, and

(ii) at the end of sub-paragraph (e), insert

; and

(f) contain notice of the powers available to the court under section 5B of the 1976 Act.

(c) for paragraph (3), substitute—

(3) The court officer to whom an application is sent under paragraph (2) above shall serve notice in writing of the date, time and place fixed for the hearing of the application on—

(a) the prosecutor who made the application;

(b) the person to whom bail was granted, together with a copy of the application; and

(c) any surety specified in the application.

Section 13 Amendments to the Criminal Procedure Rules 2005

In the note after rule 19.2, for “Formerly”, substitute “This rule derives in part from”.

Section 14 Amendments to the Criminal Procedure Rules 2005

For rule 19.17(11) (Crown Court procedure on appeal against grant of bail by a magistrates' court), substitute—

(11) The notices required by paragraphs (3), (5), (7) and (9) of this rule may be served under rule 4.6 (service by fax, e-mail or other electronic means) and the notice required by paragraph (3) may be given by telephone.

Section 15 Amendments to the Criminal Procedure Rules 2005

In the note after rule 19.17, for “Formerly”, substitute “This rule derives in part from”.

Section 16 Amendments to the Criminal Procedure Rules 2005

For Part 28 (Witness summonses and orders), substitute the Part as set out in Schedule 3 to these Rules.

Section 17 Amendments to the Criminal Procedure Rules 2005

In the heading to Part 31 (Restriction on cross-examination by a defendant acting in person in the Crown Court), omit “in the Crown Court”.

Section 18 Amendments to the Criminal Procedure Rules 2005

In the heading to rule 31.1 (Restrictions on cross-examination of witness in the Crown Court), omit “in the Crown Court”.

Section 19 Amendments to the Criminal Procedure Rules 2005

In the note after rule 31.1, for “Formerly”, substitute “This rule derives in part from”.

Section 20 Amendments to the Criminal Procedure Rules 2005

In the heading to rule 31.2 (Appointment of legal representative by the Crown Court), omit “by the Crown Court”.

Section 21 Amendments to the Criminal Procedure Rules 2005

In the note after rule 31.2, for “Formerly”, substitute “This rule derives in part from”.

Section 22 Amendments to the Criminal Procedure Rules 2005

In the heading to rule 31.3 (Appointment arranged by the accused in the Crown Court), omit “in the Crown Court”.

Section 23 Amendments to the Criminal Procedure Rules 2005

In rule 31.3(7)—

(a) in sub-paragraph (b), for “were”, substitute “where”; and

(b) in sub-paragraph (c), for “Crown Court”, substitute “court”.

Section 24 Amendments to the Criminal Procedure Rules 2005

In the note after rule 31.3, for “Formerly”, substitute “This rule derives in part from”.

Section 25 Amendments to the Criminal Procedure Rules 2005

In the heading to rule 31.4 (Prohibition on cross-examination of particular witness in the Crown Court), for “particular witness in the Crown Court”, substitute “witness”.

Section 26 Amendments to the Criminal Procedure Rules 2005

In rule 31.4(3)—

(a) in sub-paragraph (a), for “trial judge”, substitute “court of trial”; and

(b) in sub-paragraph (b)—

(i) in sub-paragraph (i), for “who has been”, substitute “or court”, and

(ii) for sub-paragraph (ii), substitute—

(ii) if no judge or court has been designated for that purpose, to such judge or court designated for the purposes of hearing that application.”.

Section 27 Amendments to the Criminal Procedure Rules 2005

In rule 31.4(6)(b), for “trial judge”, substitute “court”.

Section 28 Amendments to the Criminal Procedure Rules 2005

In rule 31.4(8)(b)—

(a) for “trial judge”, substitute “court”; and

(b) for “he”, substitute “it”.

Section 29 Amendments to the Criminal Procedure Rules 2005

In the notes after rules 31.4, 37.3 and 40.3, for “Formerly”, substitute “This rule derives in part from”.

Section 30 Amendments to the Criminal Procedure Rules 2005

In Part 52 (Enforcement of fines)—

(a) in the note after rule 52.1, for “Formerly”, substitute “This rule derives in part from”;

(b) in rule 52.6, omit from “and where under that section” to the end; and

(c) in the notes after rules 52.6 and 52.7, for “Formerly”, substitute “This rule derives in part from”.

Section 31 Amendments to the Criminal Procedure Rules 2005

In rule 53.1(2) (Review of compensation order made by a magistrates' court), omit “by post”.

Section 32 Amendments to the Criminal Procedure Rules 2005

In the note after rule 53.1, for “Formerly”, substitute “This rule derives in part from”.

Section 33 Amendments to the Criminal Procedure Rules 2005

In rule 57.11(1), for “Rules 4.3 (Service of documents in Crown Court proceedings) and”, substitute “Part 4 and rule”.

Section 34 Amendments to the Criminal Procedure Rules 2005

In the note after rule 57.11, for “Formerly”, substitute “This rule derives in part from”.

Section 35 Amendments to the Criminal Procedure Rules 2005

After rule 68.3(1B) (Notice of appeal and application for extension of time), insert—

(1C) A document to be served on a Crown Court officer under this Part must be served on a court officer at the Crown Court centre at which the conviction, verdict, finding, decision or sentence appealed against was given or passed.

Section 36 Amendments to the Criminal Procedure Rules 2005

In the note after rule 68.3, for “Formerly”, substitute “This rule derives in part from”.

Section 37 Amendments to the Criminal Procedure Rules 2005

In the Glossary—

(a) in the first column—

(i) after “representation order”, insert “requisition”, and

(ii) after “writ of venire de novo”, insert “written charge”; and

(b) in the second column—

(i) after “an order authorising payment of legal aid for a defendant;”, insert “a document issued under section 29 of the Criminal Justice Act 2003 requiring a person to appear before a magistrates' court to answer a written charge;”, and

(ii) after “an order directing a new trial after a mistrial involving a fundamental irregularity;”, insert “a document issued by a public prosecutor under section 29 of the Criminal Justice Act 2003 which institutes criminal proceedings by charging a person with an offence;”.

Section 38 Amendments to the Criminal Procedure Rules 2005

Schedule 4 has effect.

Section 4.1 When this Part applies

The rules in this Part apply to the service of every document in a case to which these Rules apply, subject to any special rules in other legislation (including other Parts of these Rules) or in the Practice Direction.

Section 4.2 Methods of service

A document may be served by any of the methods described in rules 4.3 to 4.6 (subject to rule 4.7), or in rule 4.8.

Section 4.3 Service by handing over a document

(1) A document may be served on—

(a) an individual by handing it to him or her;

(b) a corporation by handing it to a person holding a senior position in that corporation;

(c) an individual or corporation who is legally represented in the case by handing it to that representative;

(d) the prosecution by handing it to the prosecutor or to the prosecution representative;

(e) the court officer by handing it to a court officer with authority to accept it at the relevant court office; and

(f) the Registrar of Criminal Appeals by handing it to a court officer with authority to accept it at the Criminal Appeal Office.

(2) If an individual is 17 or under, a copy of a document served under paragraph (1)(a) must be handed to his or her parent, or another appropriate adult, unless no such person is readily available.

[Note. Certain legislation treats a body that is not a corporation as if it were one for the purposes of rules about service of documents. See for example section 143 of the Adoption and Children Act 2002. ]

Section 4.4 Service by leaving or posting a document

(1) A document may be served by leaving it at the appropriate address for service under this rule or by sending it to that address by first class post or by the equivalent of first class post.

(2) The address for service under this rule on—

(a) an individual is an address where it is reasonably believed that he or she will receive it;

(b) a corporation is its principal office in England and Wales, and if there is no readily identifiable principal office then any place in England and Wales where it carries on its activities or business;

(c) an individual or corporation who is legally represented in the case is that representative’s office;

(d) the prosecution is the prosecutor’s office;

(e) the court officer is the relevant court office; and

(f) the Registrar of Criminal Appeals is the Criminal Appeal Office, Royal Courts of Justice, Strand, London WC2A 2LL.

Section 4.5 Service through a document exchange

A document may be served by document exchange ( DX ) where—

(a) the writing paper of the person to be served gives a DX box number; and

(b) that person has not refused to accept service by DX.

Section 4.6 Service by fax, e-mail or other electronic means

(1) A document may be served by fax, e-mail or other electronic means where—

(a) the person to be served has given a fax, e-mail or other electronic address; and

(b) that person has not refused to accept service by that means.

(2) Where a document is served under this rule the person serving it need not provide a paper copy as well.

Section 4.7 Documents that must be served only by handing them over, leaving or posting them

(1) The documents listed in this rule may be served—

(a) on an individual only under rule 4.3(1)(a) or rule 4.4(1) and (2)(a); and

(b) on a corporation only under rule 4.3(1)(b) or rule 4.4(1) and (2)(b).

(2) Those documents are—

(a) a summons, requisition or witness summons;

(b) notice of an order under section 25 of the Road Traffic Offenders Act 1988 ;

(c) a notice of registration under section 71(6) of that Act ;

(d) a notice of discontinuance under section 23(4) of the Prosecution of Offences Act 1985 ;

(e) notice under rule 37.3(1) of the date, time and place to which the trial of an information has been adjourned, where it was adjourned in the defendant’s absence;

(f) a notice of fine or forfeited recognizance required by rule 52.1(1);

(g) notice under section 86 of the Magistrates' Courts Act 1980 of a revised date to attend a means inquiry;

(h) notice of a hearing to review the postponement of the issue of a warrant of commitment under section 77(6) of the Magistrates' Courts Act 1980 ;

(i) a copy of the minute of a magistrates' court order required by rule 52.7(1);

(j) an invitation to make observations or attend a hearing under rule 53.1(2) on the review of a compensation order under section 133 of the Powers of Criminal Courts (Sentencing) Act 2000 ;

(k) any notice or document served under Part 19.

Section 4.8 Service by person in custody

(1) A person in custody may serve a document by handing it to the custodian addressed to the person to be served.

(2) The custodian must—

(a) endorse it with the time and date of receipt;

(b) record its receipt; and

(c) forward it promptly to the addressee.

Section 4.9 Service by another method

(1) The court may allow service of a document by a method other than those described in rules 4.3 to 4.6 and in rule 4.8.

(2) An order allowing service by another method must specify—

(a) the method to be used; and

(b) the date on which the document will be served.

Section 4.10 Date of service

(1) A document served under rule 4.3 or rule 4.8 is served on the day it is handed over.

(2) Unless something different is shown, a document served on a person by any other method is served—

(a) in the case of a document left at an address, on the next business day after the day on which it was left;

(b) in the case of a document sent by first class post or by the equivalent of first class post, on the second business day after the day on which it was posted or despatched;

(c) in the case of a document served by document exchange, on the second business day after the day on which it was left at the addressee’s DX or at a correspondent DX;

(d) in the case of a document transmitted by fax, e-mail or other electronic means, on the next business day after it was transmitted; and

(e) in any case, on the day on which the addressee responds to it if that is earlier.

(3) Unless something different is shown, a document produced by a court computer system is to be taken as having been sent by first class post or by the equivalent of first class post to the addressee on the business day after the day on which it was produced.

(4) In this Part “business day” means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday.

(5) Where a document is served on or by the court officer, “business day” does not include a day on which the court office is closed.

Section 4.11 Proof of service

The person who serves a document may prove that by signing a certificate explaining how and when it was served.

Section 4.12 Court’s power to give directions about service

(1) The court may specify the time as well as the date by which a document must be—

(a) served under rule 4.3 or rule 4.8; or

(b) transmitted by fax, e-mail or other electronic means if it is served under rule 4.6.

(2) The court may treat a document as served if the addressee responds to it even if it was not served in accordance with the rules in this Part.