The Criminal Procedure (Amendment) Rules 2008

• Citation: S.I. 2008/2076
• Sections: 39

Section 1 Citation, commencement and interpretation

These rules may be cited as The Criminal Procedure (Amendment) Rules 2008 and shall come into force on 6th October 2008.

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

In Part 2 (Understanding and applying the Rules), in the table of contents—

(a) at the end of the first column, insert “Representatives”; and

(b) at the end of the second column, insert “rule 2.5”.

Section 4 Amendments to the Criminal Procedure Rules 2005

After rule 2.1(10) (When the Rules apply), insert—

(11) The rules in Part 7 apply in cases in which on or after 6th October 2008—

(a) a prosecutor serves an information on the court officer or presents it to a magistrates' court;

(b) a public prosecutor issues a written charge; or

(c) a person who is in custody is charged with an offence.

In other cases the rules replaced by those rules apply.

(12) The rules in Part 63 apply in cases in which the decision that is the subject of the appeal, or reference, to which that Part applies is made on or after 6th October 2008. In other cases the rules replaced by those rules apply.

Section 5 Amendments to the Criminal Procedure Rules 2005

After rule 2.4 (The glossary), insert—

Representatives

(2.5)

(1) Under these Rules, unless the context makes it clear that something different is meant, anything that a party may or must do may be done—

(a) by a legal representative on that party’s behalf;

(b) by a person with the corporation’s written authority, where that party is a corporation;

(c) with the help of a parent, guardian or other suitable supporting adult where that party is a defendant—

(i) who is under 18, or

(ii) whose understanding of what the case involves is limited.

(2) Anyone with a prosecutor’s authority to do so may, on that prosecutor’s behalf—

(a) serve on the magistrates' court officer, or present to a magistrates' court, an information under section 1 of the Magistrates' Courts Act 1980 ; or

(b) issue a written charge and requisition under section 29 of the Criminal Justice Act 2003 .

[Note. See also section 122 of the Magistrates' Courts Act 1980 . A party’s legal representative must be entitled to act as such under section 27 or 28 of the Courts and Legal Services Act 1990 .

Section 33(6) of the Criminal Justice Act 1925 , section 46 of the Magistrates' Courts Act 1980 and Schedule 3 to that Act provide for the representation of a corporation.

Part 7 contains rules about starting a prosecution.]

Section 6 Amendments to the Criminal Procedure Rules 2005

In rule 4.4(2)(b) (Service by leaving or posting a document), omit “in England and Wales” in both places it occurs.

Section 7 Amendments to the Criminal Procedure Rules 2005

After rule 4.4 (Service by leaving or posting a document), insert—

[Note. In addition to service in England and Wales for which these rules provide, service outside England and Wales may be allowed under other legislation. See—

section 39 of the Criminal Law Act 1977 (service of summons, etc. in Scotland and Northern Ireland);

section 725(3) of the Companies Act 1985 and section 1139(4) of the Companies Act 2006 (service of copy summons, etc. on company’s registered office in Scotland and Northern Ireland);

sections 3, 4, 4A and 4B of the Crime (International Co-operation) Act 2003 (service of summons, etc. outside the United Kingdom) and rules 32.1 and 32.2; and

section 695(1) and (2) of the Companies Act 1985 and section 1139(2) of the Companies Act 2006 (service on overseas company).]

Section 8 Amendments to the Criminal Procedure Rules 2005

For Part 7 (Commencing proceedings in magistrates' courts), substitute the Part as set out in Schedule 1 to these Rules.

Section 9 Amendments to the Criminal Procedure Rules 2005

In Part 37 (Summary trial), in the table of contents—

(a) in the first column—

(i) after “Order of evidence and speeches: complaint”, insert “Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980”,

(ii) after “Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980”, insert “Notice of order under section 25 of the Road Traffic Offenders Act 1988”, and

(iii) after “Notice of order under section 25 of the Road Traffic Offenders Act 1988”, insert “Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates' Courts Act 1980”;

(b) in the second column—

(i) after “rule 37.8”, insert “rule 37.9”,

(ii) after “rule 37.9”, insert “rule 37.10”, and

(iii) after “rule 37.10”, insert “rule 37.11”.

Section 10 Amendments to the Criminal Procedure Rules 2005

In Part 37 (Summary trial), after rule 37.8, insert—

Magistrates' court officer to have copies of documents sent to accused under section 12(1) of the Magistrates' Courts Act 1980

(37.9) Where the prosecutor notifies a magistrates' court officer that the documents mentioned in section 12(1)(a) and 12(1)(b) of the Magistrates' Courts Act 1980 have been served upon the accused, the prosecutor shall send to the court officer a copy of the documents mentioned in section 12(1)(b).

[Note. Formerly rule 7.9 of these Rules, which derived from rule 73 of The Magistrates' Courts Rules 1981. Section 12 of the Magistrates' Courts Act 1980 applies where a summons has been issued requiring a person to appear before a magistrates' court, other than a youth court, to answer an information for a summary offence punishable with not more than 3 months' imprisonment. The documents mentioned in section 12(1)(b) are: a notice stating the effect of section 12, and either a statement of the facts to be placed before the court if the accused pleads guilty by post, or copies of the statements of the prosecution witnesses.]

Notice of order under section 25 of the Road Traffic Offenders Act 1988

(37.10) Where a magistrates' court makes an order under section 25 of the Road Traffic Offenders Act 1988 that an offender shall inform the court of his date of birth or sex or both and the offender is not present in court, the court officer shall serve notice in writing of the order on the offender.

[Note: Formerly rule 7.5 of these Rules, which derived from rule 108 of The Magistrates' Courts Rules 1981.]

Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates' Courts Act 1980

(37.11) Where a magistrates' court officer receives a statutory declaration which complies with section 14(1) of the Magistrates' Courts Act 1980 (accused did not know of proceedings), he shall—

(a) note the receipt of the declaration in the register; and

(b) inform the prosecutor and, if the prosecutor is not a constable, the chief officer of police, of the receipt of the declaration.

[Note: Formerly rule 7.4 of these Rules, which derived from rule 20 of The Magistrates' Courts Rules 1981. As to the requirement to keep a register, see rule 6.1.]

Section 11 Amendments to the Criminal Procedure Rules 2005

In rule 44.1(2)(d) (Procedure after finding against minor in a magistrates' court), omit “local education authority,”.

Section 12 Amendments to the Criminal Procedure Rules 2005

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

(a) at the end of the first column, insert “Statutory declaration under section 72 or 73 of the Road Traffic Offenders Act 1988”; and

(b) at the end of the second column, insert “rule 55.4”.

Section 13 Amendments to the Criminal Procedure Rules 2005

In Part 55 (Road traffic penalties), after rule 55.3, insert—

Statutory declaration under section 72 or 73 of the Road Traffic Offenders Act 1988

(55.4) Where a magistrates' court officer receives a statutory declaration under section 72 or 73 of the Road Traffic Offenders Act 1988 (fixed penalty notice or notice fixed to vehicle invalid) he shall send a copy of it to the appropriate chief officer of police.

[Note. Formerly rule 7.6 of these Rules, which derived from rule 112 of The Magistrates' Courts Rules 1981.]

Section 14 Amendments to the Criminal Procedure Rules 2005

For Part 63 (Appeal to the Crown Court), substitute the Part as set out in Schedule 2 to these Rules.

Section 15 Amendments to the Criminal Procedure Rules 2005

In the note after rule 65.1 (When this Part applies), after “2006;”, insert “The Serious Crime Act 2007 (Appeals under Section 24) Order 2008 ;”.

Section 16 Amendments to the Criminal Procedure Rules 2005

In rule 65.5(1) (Renewing an application refused by a judge or the Registrar), after “party”, insert “with the right to do so”.

Section 17 Amendments to the Criminal Procedure Rules 2005

In the note after rule 65.5 (Renewing an application refused by a judge or the Registrar), after “1968”, in the first place it occurs, insert—

, 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 Serious Crime Act 2007 (Appeals under Section 24) Order 2008.

A party has no right under section 31C of the 1968 Act to renew to the Court of Appeal an application for procedural directions refused by a judge, but in some circumstances a case management direction may be varied: see rule 3.6

Section 18 Amendments to the Criminal Procedure Rules 2005

For rule 65.11 (Registrar’s duty to provide copy documents for appeal or reference), substitute—

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

the Registrar must—

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

allow a party to inspect such a document or transcript,

on payment by that party of any charge fixed by the Treasury; but

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

a document provided only for the court and the Registrar, or

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

Section 19 Amendments to the Criminal Procedure Rules 2005

In the note after rule 66.6 (Powers of Court of Appeal judge), for “53(4) of the Supreme Court Act 1981 ” substitute “31 of the Criminal Appeal Act 1968 ”.

Section 20 Amendments to the Criminal Procedure Rules 2005

In rule 68.1(1)(f) (When this Part applies), for “a person wants to appeal to the Court of Appeal under section 24 of the Serious Crime Act 2007 ” substitute—

a person wants to appeal to the Court of Appeal under—

(i) section 24 of the Serious Crime Act 2007, or

(ii) regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986

Section 21 Amendments to the Criminal Procedure Rules 2005

In the note after rule 68.1 (When this Part applies), after “serious crime prevention order”, in the second place it occurs, insert—

Under regulation 3C of the Costs in Criminal Cases (General) Regulations 1986, a legal representative against whom the Crown Court makes a wasted costs order under section 19A of the Prosecution of Offences Act 1985 and regulation 3B may appeal against that order to the Court of Appeal.

Under regulation 3H of the Costs in Criminal Cases (General) Regulations 1986, a third party against whom the Crown Court makes a costs order under section 19B of the Prosecution of Offences Act 1985 and regulation 3F may appeal against that order to the Court of Appeal.

Section 22 Amendments to the Criminal Procedure Rules 2005

In rule 68.2(1) (Service of appeal notice), for paragraph (b) substitute—

(b) not more than—

(i) 28 days after that occurred, or

(ii) 21 days after the order, in a case in which the appellant appeals against a wasted or third party costs order.

Section 23 Amendments to the Criminal Procedure Rules 2005

In the note after rule 68.3 (Form of appeal notice), for—

the appellant appeals against a finding of contempt of court

the Crown Court Judge certifies under section 1(2)(a), 11(1A), 12(b), 15(2)(b) or 16A(2)(b) of the Criminal Appeal Act 1968 , under section 81(1B) of the Supreme Court Act 1981 , or under section 14A(5B) of the Football Spectators Act 1989 that a case is fit for appeal .

substitute—

the appellant appeals against—

a finding of contempt of court

a wasted or third party costs order

the Crown Court judge certifies under sections 1(2)(a), 11(1A), 12(b), 15(2)(b) or 16A(2)(b) of the Criminal Appeal Act 1968, under section 81(1B) of the Supreme Court Act 1981, under section 14A(5B) of the Football Spectators Act 1989 or under section 24(4) of the Serious Crime Act 2007 , that a case is fit for appeal.

Section 24 Amendments to the Criminal Procedure Rules 2005

In the note after rule 68.4 (Crown Court judge’s certificate that case is fit for appeal)—

(a) after “1981”, for “or” substitute “,”; and

(b) after “1989”, insert “or under section 24(4) of the Serious Crime Act 2007”.

Section 25 Amendments to the Criminal Procedure Rules 2005

In rule 78.1 (Crown Court’s jurisdiction to award costs in appeal from magistrates' court)—

(a) omit paragraph (3); and

(b) in paragraph (4), omit “not being an appeal to which paragraph (3) applies”.

Section 7.1 When this Part applies

(1) This Part applies in a magistrates' court where—

(a) a prosecutor wants the court to issue a summons or warrant under section 1 of the Magistrates' Courts Act 1980 ;

(b) a public prosecutor—

(i) wants the court to issue a warrant under section 1 of the Magistrates' Courts Act 1980, or

(ii) issues a written charge and requisition under section 29 of the Criminal Justice Act 2003 ; or

(c) a person who is in custody is charged with an offence.

(2) In this Part, `public prosecutor' means one of those public prosecutors listed in section 29 of the Criminal Justice Act 2003.

[Note. Under section 1 of the Magistrates' Courts Act 1980, on receiving a formal statement (described in that section as an `information') alleging that someone has committed an offence, the court may issue—

(a) a summons requiring that person to attend court; or

(b) a warrant for that person’s arrest, if—

(i) the alleged offence must or may be tried in the Crown Court,

(ii) the alleged offence is punishable with imprisonment, or

(iii) the person’s address cannot be established sufficiently clearly to serve a summons or requisition.

The powers of the court to which this Part applies may be exercised by a single justice of the peace.

Under section 29 of the Criminal Justice Act 2003, a public prosecutor listed in that section may issue a written charge alleging that someone has committed an offence, and a requisition requiring that person to attend court. Section 30 of that Act contains other provisions about written charges and requisitions.

A person detained under a power of arrest may be charged if the custody officer decides that there is sufficient evidence to do so. See sections 37 and 38 of the Police and Criminal Evidence Act 1984.]

Section 7.2 Information and written charge

(1) A prosecutor who wants the court to issue a summons must—

(a) serve an information in writing on the court officer; or

(b) unless other legislation prohibits this, present an information orally to the court, with a written record of the allegation that it contains.

(2) A prosecutor who wants the court to issue a warrant must—

(a) serve on the court officer—

(i) an information in writing, or

(ii) a copy of a written charge that has been issued; or

(b) present to the court either of those documents.

(3) A public prosecutor who issues a written charge must notify the court officer immediately.

(4) A single document may contain—

(a) more than one information; or

(b) more than one written charge.

(5) Where an offence can be tried only in a magistrates' court, then unless other legislation otherwise provides—

(a) a prosecutor must serve an information on the court officer or present it to the court; or

(b) a public prosecutor must issue a written charge,

not more than 6 months after the offence alleged.

(6) Where an offence can be tried in the Crown Court then—

(a) a prosecutor must serve an information on the court officer or present it to the court; or

(b) a public prosecutor must issue a written charge,

within any time limit that applies to that offence.

[Note. In some legislation, including the Magistrates' Courts Act 1980, serving an information on the court officer or presenting it to the court is described as `laying' that information.

The time limits for serving or presenting an information and for issuing a written charge are prescribed by section 127 of the Magistrates' Courts Act 1980 and section 30(5) of the Criminal Justice Act 2003 .

Part 2 contains rules allowing someone with a prosecutor’s authority, on that prosecutor’s behalf, to—

serve on the court officer or present to the court an information; or

issue a written charge and requisition.

See Part 3 for the court’s general powers of case management, including power to consider applications and give directions for (among other things) the amendment of an information or charge and for separate trials.

The Practice Direction sets out forms of information for use in connection with this rule.]

Section 7.3 Allegation of offence in information or charge

(1) An allegation of an offence in an information or charge must contain—

(a) a statement of the offence that—

(i) describes the offence in ordinary language, and

(ii) identifies any legislation that creates it; and

(b) such particulars of the conduct constituting the commission of the offence as to make clear what the prosecutor alleges against the defendant.

(2) More than one incident of the commission of the offence may be included in the allegation if those incidents taken together amount to a course of conduct having regard to the time, place or purpose of commission.

Section 7.4 Summons, warrant and requisition

(1) The court may issue or withdraw a summons or warrant—

(a) without giving the parties an opportunity to make representations; and

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

(c) without a hearing.

(2) A summons, warrant or requisition may be issued in respect of more than one offence.

(3) A summons or requisition must—

(a) contain notice of when and where the defendant is required to attend the court;

(b) specify each offence in respect of which it is issued; and

(c) identify the person under whose authority it is issued.

(4) A summons may be contained in the same document as an information.

(5) A requisition may be contained in the same document as a written charge.

(6) Where the court issues a summons—

(a) the prosecutor must—

(i) serve it on the defendant, and

(ii) notify the court officer; or

(b) the court officer must—

(i) serve it on the defendant, and

(ii) notify the prosecutor.

(7) Where a public prosecutor issues a requisition that prosecutor must—

(a) serve on the defendant—

(i) the requisition, and

(ii) the written charge; and

(b) serve a copy of each on the court officer.

(8) Unless it would be inconsistent with other legislation, a replacement summons or requisition may be issued without a fresh information or written charge where the one replaced—

(a) was served by leaving or posting it under rule 4.7 (documents that must be served only by handing them over, leaving or posting them); but

(b) is shown not to have been received by the addressee.

(9) A summons or requisition issued to a defendant under 18 may require that defendant’s parent or guardian to attend the court with the defendant, or a separate summons or requisition may be issued for that purpose.

[Note. Part 18 contains other rules about warrants.

Section 47 of the Magistrates' Courts Act 1980 and section 30(5) of the Criminal Justice Act 2003 make special provision about time limits under other legislation for the issue and service of a summons or requisition, where service by post is not successful.

Section 34A of the Children and Young Persons Act 1933 allows, and in some cases requires, the court to summon the parent or guardian of a defendant under 18.] ”

Section 63.1 When this Part applies

(1) This Part applies where—

(a) a defendant wants to appeal under—

(i) section 108 of the Magistrates' Courts Act 1980 ,

(ii) section 45 of the Mental Health Act 1983 ,

(iii) paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 ;

(b) the Criminal Cases Review Commission refers a defendant’s case to the Crown Court under section 11 of the Criminal Appeal Act 1995 ;

(c) a prosecutor wants to appeal under—

(i) section 14A(5A) of the Football Spectators Act 1989 , or

(ii) section 147(3) of the Customs and Excise Management Act 1979 ; or

(d) a person wants to appeal under—

(i) section 1 of the Magistrates' Courts (Appeals from Binding Over Orders) Act 1956 ,

(ii) section 12(5) of the Contempt of Court Act 1981 ,

(iii) regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986 , or

(iv) section 22 of the Football Spectators Act 1989 .

(2) A reference to an ‘appellant’ in this Part is a reference to such a party or person.

[Note. An appeal to the Crown Court is by way of re-hearing: see section 79(3) of the Supreme Court Act 1981 . For the powers of the Crown Court on an appeal, see section 48 of that Act.

A defendant may appeal from a magistrates' court to the Crown Court—

under section 108 of the Magistrates' Courts Act 1980, against sentence after a guilty plea and after a not guilty plea against conviction, against a finding of guilt or against sentence;

under section 45 of the Mental Health Act 1983, where the magistrates' court makes a hospital order or guardianship order without convicting the defendant;

under paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000, where the magistrates' court revokes a community order and deals with the defendant in another way.

See section 13 of the Criminal Appeal Act 1995 for the circumstances in which the Criminal Cases Review Commission may refer a conviction or sentence to the Crown Court.

Under section 14A(5A) of the Football Spectators Act 1989, a prosecutor may appeal to the Crown Court against a failure by a magistrates' court to make a football banning order.

Under section 147(3) of the Customs and Excise Management Act 1979, a prosecutor may appeal to the Crown Court against any decision of a magistrates' court in proceedings for an offence under any Act relating to customs or excise.

Under section 1 of the Magistrates' Courts (Appeals from Binding Over Orders) Act 1956, a person bound over to keep the peace or be of good behaviour by a magistrates' court may appeal to the Crown Court.

Under section 12(5) of the Contempt of Court Act 1981, a person detained, committed to custody or fined by a magistrates' court for insulting a member of the court or another participant in the case, or for interrupting the proceedings, may appeal to the Crown Court.

Under regulation 3C of the Costs in Criminal Cases (General) Regulations 1986, a legal representative against whom a magistrates' court makes a wasted costs order under section 19A of the Prosecution of Offences Act 1985 and regulation 3B may appeal against that order to the Crown Court.

Under regulation 3H of the Costs in Criminal Cases (General) Regulations 1986, a third party against whom a magistrates' court makes a costs order under section 19B of the Prosecution of Offences Act 1985 and regulation 3F may appeal against that order to the Crown Court.

Under section 22 of the Football Spectators Act 1989, any person aggrieved by the decision of a magistrates' court making a football banning order may appeal to the Crown Court.]

Section 63.2 Service of appeal notice

(1) An appellant must serve an appeal notice on—

(a) the magistrates' court officer; and

(b) every other party.

(2) The appellant must serve the appeal notice—

(a) as soon after the decision appealed against as the appellant wants; but

(b) not more than 21 days after—

(i) sentence or the date sentence is deferred, whichever is earlier, if the appeal is against conviction or against a finding of guilt,

(ii) sentence, if the appeal is against sentence, or

(iii) the order or failure to make an order about which the appellant wants to appeal, in any other case.

(3) The appellant must—

(a) serve with the appeal notice any application for an extension of the time limit under this rule; and

(b) in that application, explain why the appeal notice is late.

[Note. Under section 1(1) of the Powers of Criminal Courts (Sentencing) Act 2000 , a magistrates' court may defer passing sentence for up to 6 months.]

Section 63.3 Form of appeal notice

The appeal notice must be in writing and must—

(a) specify—

(i) the conviction or finding of guilt,

(ii) the sentence, or

(iii) the order, or the failure to make an order

about which the appellant wants to appeal;

(b) summarise the issues;

(c) in an appeal against conviction—

(i) identify the prosecution witnesses whom the appellant will want to question if they are called to give oral evidence, and

(ii) say how long the trial lasted in the magistrates' court and how long the appeal is likely to last in the Crown Court;

(d) in an appeal against a finding that the appellant insulted someone or interrupted proceedings in the magistrates' court, attach—

(i) the magistrates' court’s written findings of fact, and

(ii) the appellant’s response to those findings;

(e) say whether the appellant has asked the magistrates' court to reconsider the case; and

(f) include a list of those on whom the appellant has served the appeal notice.

[Note. The Practice Direction sets out a form of appeal notice for use in connection with this rule.

In some cases, a magistrates' court can reconsider a conviction, sentence or other order and make a fresh decision. See section 142 of the Magistrates' Courts Act 1980 .

See also rule 3.10 (conduct of a trial or an appeal).]

Section 63.4 Duty of magistrates' court officer

The magistrates' court officer must—

(a) as soon as practicable serve on the Crown Court officer—

(i) the appeal notice and any accompanying application served by the appellant,

(ii) details of the parties including their addresses,

(iii) a copy of each magistrates' court register entry relating to the decision under appeal and to any application for bail pending appeal, and

(iv) any report received for the purposes of sentencing;

(b) keep any document or object exhibited in the proceedings in the magistrates' court, or arrange for it to be kept by some other appropriate person, until—

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

(ii) the conclusion of any proceedings in the Crown Court that begin within that 6 weeks; and

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

Section 63.5 Duty of person keeping exhibit

A person who, under arrangements made by the magistrates' court officer, keeps a document or object exhibited in the proceedings in the magistrates' court must—

(a) keep that exhibit until—

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

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

unless the magistrates' court or the Crown Court otherwise directs; and

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

Section 63.6 Reference by the Criminal Cases Review Commission

(1) The Crown Court officer must, as soon as practicable, serve a reference by the Criminal Cases Review Commission on—

(a) the appellant;

(b) every other party; and

(c) the magistrates' court officer.

(2) The appellant may serve an appeal notice on—

(a) the Crown Court officer; and

(b) every other party,

not more than 21 days later.

(3) The Crown Court must treat the reference as the appeal notice if the appellant does not serve an appeal notice.

Section 63.7 Hearings and decisions

(1) The Crown Court as a general rule must hear in public an appeal or reference to which this Part applies, but—

(a) may order any hearing to be in private; and

(b) where a hearing is about a public interest ruling, must hold that hearing in private.

(2) The Crown Court officer must give as much notice as reasonably practicable of every hearing to—

(a) the parties;

(b) any party’s custodian; and

(c) any other person whom the Crown Court requires to be notified.

(3) The Crown Court officer must serve every decision on—

(a) the parties;

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

(c) the magistrates' court officer and any party’s custodian, where the decision determines an appeal.

(4) But where a hearing or decision is about a public interest ruling, the Crown Court officer 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.

[Note. See also Part 25 (Applications for Public Interest Immunity and specific disclosure).]

Section 63.8 Abandoning an appeal

(1) The appellant—

(a) may abandon an appeal without the Crown Court’s permission, by serving a notice of abandonment on—

(i) the magistrates' court officer,

(ii) the Crown Court officer, and

(iii) every other party

before the hearing of the appeal begins; but

(b) after the hearing of the appeal begins, may only abandon the appeal with the Crown Court’s permission.

(2) A notice of abandonment must be signed by or on behalf of the appellant.

(3) Where an appellant who is on bail pending appeal abandons an appeal—

(a) the appellant must surrender to custody as directed by the magistrates' court officer; and

(b) any conditions of bail apply until then.

[Note. The Practice Direction sets out a form of notice of abandonment for use in connection with this rule.

Where an appellant abandons an appeal to the Crown Court, both the Crown Court and the magistrates' court have power to make a costs order against that appellant in favour of the respondent: see section 52 of the Supreme Court Act 1981 and section 109 of the Magistrates' Courts Act 1980 . Part 78 contains rules about costs on abandoning an appeal.]

Section 63.9 Court’s power to vary requirements under this Part

The Crown Court may—

(a) shorten or extend (even after it has expired) a time limit under this Part;

(b) allow an appellant to vary an appeal notice that that appellant has served;

(c) direct that an appeal notice be served on any person;

(d) allow an appeal notice or a notice of abandonment to be in a different form to one set out in the Practice Direction, or to be presented orally.

Section 63.10 Constitution of the Crown Court

On the hearing of an appeal—

(a) the general rule is that the Crown Court must comprise—

(i) a judge of the High Court, a Circuit judge or a Recorder, and

(ii) no less than two and no more than four justices of the peace, none of whom took part in the decision under appeal; and

(b) if the appeal is from a youth court—

(i) each justice of the peace must be qualified to sit as a member of a youth court, and

(ii) the Crown Court must include a man and a woman; but

(c) the Crown Court may include only one justice of the peace and need not include both a man and a woman if—

(i) the presiding judge decides that otherwise the start of the appeal hearing will be delayed unreasonably, or

(ii) one or more of the justices of the peace who started hearing the appeal is absent.

[Note. See sections 73 and 74 of the Supreme Court Act 1981, section 45 of the Children and Young Persons Act 1933 and section 9 of the Courts Act 2003 .] ”