The Criminal Procedure (Amendment) Rules 2009

• Citation: S.I. 2009/2087
• Sections: 111

Section 1 Citation, commencement and interpretation

These Rules may be cited as The Criminal Procedure (Amendment) Rules 2009 and shall come into force on 5th October 2009.

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(15) (When the Rules apply), insert—

(16) The rules in Part 6 apply in cases in which an application to which that Part applies is made on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Part 62 (Proceeds of Crime Act 2002 - rules applicable to investigations) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

(17) The rules in Part 22 apply in cases in which a step or an application to which that Part applies is taken or made on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Parts 25 (Applications for public interest immunity and specific disclosure) and 26 (Confidential material) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

(18) The rules in Part 62 apply in cases in which an application to which that Part applies is made on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules replaced by those rules apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

(19) The rules in Part 76 apply in cases in which the court makes an order about costs on or after 5th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Part 78 (Costs orders against the parties) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

Section 4 Amendments to the Criminal Procedure Rules 2005

After rule 3.8 (3) (Case preparation and progression), insert—

(4) In order to prepare for the trial, the court must take every reasonable step to encourage and to facilitate the attendance of witnesses when they are needed.

Section 5 Amendments to the Criminal Procedure Rules 2005

In rule 4.7 (Documents that must be served only by handing them over, leaving or posting them)—

(a) for paragraph (1), substitute—

(1) The documents listed in paragraph (2) may be served—

(a) on an individual, only under rule 4.3(1)(a) (handing over) or rule 4.4(1) and (2)(a) (leaving or posting); and

(b) on a corporation, only under rule 4.3(1)(b) (handing over) or rule 4.4(1) and (2)(b) (leaving or posting).

(b) after paragraph (2), insert—

(3) An application under rule 62.3 for the court to punish for contempt of court may be served—

(a) on an individual, only under rule 4.3(1)(a) (by handing it to him or her);

(b) on a corporation, only under rule 4.3(1)(b) (by handing it to a person holding a senior position in that corporation).

Section 6 Amendments to the Criminal Procedure Rules 2005

For Part 5 (Forms), substitute the Part as set out in Schedule 1 to these Rules.

Section 7 Amendments to the Criminal Procedure Rules 2005

For Part 6 (Court records), substitute the Part as set out in Schedule 2 to these Rules.

Section 8 Amendments to the Criminal Procedure Rules 2005

In Part 14 (The indictment), in the Table of Contents,in the first column, for “Signature and service of indictment”, substitute “Service and signature of indictment”.

Section 9 Amendments to the Criminal Procedure Rules 2005

In rule 14.1 (Signature and service of indictment)—

(a) in the heading, for “Signature and service of indictment”, substitute “Service and signature of indictment”; and

(b) in paragraph (3)(a), for “sign and date the draft, which then becomes an indictment;”, substitute “sign, and add the date of receipt on, the indictment;”.

Section 10 Amendments to the Criminal Procedure Rules 2005

In rule 16.11(2)(d) (Crown Court hearings in chambers), for “63.2(5)”, substitute “63.9(a)”.

Section 11 Amendments to the Criminal Procedure Rules 2005

In rule 17.2(4) (Notice of waiver), for “Under Secretary of State, Home Office, London SW1H 9AT”, substitute “Secretary of State for the Home Department, c/o Extradition Section, Home Office, 5th Floor, Fry Building, 2 Marsham Street, London SW1P 4DF”.

Section 12 Amendments to the Criminal Procedure Rules 2005

In Part 19 (Bail in magistrates' courts and the Crown Court), in the Table of Contents—

(a) at the end of the first column, insert—

(i) “Grant of bail subject to electronic monitoring requirements”, and

(ii) “Grant of bail subject to accommodation or support requirements”; and

(b) at the end of the second column, insert—

(i) “rule 19.26”, and

(ii) “rule 19.27”.

Section 13 Amendments to the Criminal Procedure Rules 2005

In Part 19 (Bail in magistrates' courts and the Crown Court)—

(a) in rule 19.2(6) (Application to a magistrates' court to reconsider grant of police bail), for “rule 4.2(1)”, substitute “rule 4.11”; and

(b) after rule 19.25, insert—

Grant of bail subject to electronic monitoring requirements

(19.26)

(1) This rule applies where the court imposes electronic monitoring requirements (where available) as a condition of bail.

(2) The court officer must—

(a) inform the person responsible for the monitoring (“the monitor”) of—

(i) the defendant’s name, and telephone number (if available),

(ii) the offence or offences with which the defendant is charged,

(iii) details of the place at which the defendant’s presence must be monitored,

(iv) the period or periods during which the defendant’s presence at that place must be monitored, and

(v) if fixed, the date on which the defendant must surrender to custody;

(b) inform the defendant and, where the defendant is under 16, an appropriate adult, of the monitor’s name, and the means by which the monitor may be contacted; and

(c) notify the monitor of any subsequent—

(i) variation or termination of the electronic monitoring requirements, or

(ii) fixing or variation of the date on which the defendant must surrender to custody.

[Note. Under section 3(6ZAA) of the Bail Act 1976 , the conditions of bail that the court may impose include requirements for the electronic monitoring of a defendant’s compliance with other bail conditions, for example a curfew. Sections 3AA and 3AB of the Act set out conditions for imposing such requirements. Under section 3AC of the Act, where the court imposes electronic monitoring requirements they must provide for the appointment of a monitor.]

Grant of bail subject to accommodation or support requirements

(19.27)

(1) This rule applies where the court imposes as a condition of bail a requirement (where available) that the defendant must—

(a) reside in accommodation provided for that purpose by, or on behalf of, a public authority;

(b) receive bail support provided by, or on behalf of, a public authority.

(2) The court officer must—

(a) inform the person responsible for the provision of any such accommodation or support (“the service provider”) of—

(i) the defendant’s name, and telephone number (if available),

(ii) the offence or offences with which the defendant is charged,

(iii) details of the requirement,

(iv) any other bail condition, and

(v) if fixed, the date on which the defendant must surrender to custody;

(b) inform the defendant and, where the defendant is under 16, an appropriate adult, of—

(i) the service provider’s name, and the means by which the service provider may be contacted, and

(ii) the address of any accommodation in which the defendant must reside; and

(c) notify the service provider of any subsequent—

(i) variation or termination of the requirement,

(ii) variation or termination of any other bail condition, and

(iii) fixing or variation of the date on which the defendant must surrender to custody.

Section 14 Amendments to the Criminal Procedure Rules 2005

For Part 22 (Disclosure by the prosecution), substitute the Part as set out in Schedule 3 to these Rules.

Section 15 Amendments to the Criminal Procedure Rules 2005

Omit Parts 23 to 26 (Disclosure by the defence; Disclosure of expert evidence; Applications for Public Interest Immunity and specific disclosure; and Confidential material).

Section 16 Amendments to the Criminal Procedure Rules 2005

For Part 27 (Witness statements), substitute the Part as set out in Schedule 4 to these Rules.

Section 17 Amendments to the Criminal Procedure Rules 2005

In Part 32 (International co-operation)—

(a) in the Table of Contents—

(i) at the end of the first column, insert “Overseas freezing orders”; and

(ii) at the end of the second column, insert “rule 32.10”;

(b) in rule 32.9(1) (Overseas record), omit “and shall be kept in a separate book”; and

(c) after the note after rule 32.9 (Overseas record), insert—

Overseas freezing orders

(32.10)

(1) This rule applies where a court is nominated under section 21(1) of the Crime (International Co-operation) Act 2003 to give effect to an overseas freezing order.

(2) Where the Secretary of State serves a copy of such an order on the court officer—

(a) the general rule is that the court will consider the order no later than the next business day;

(b) exceptionally, the court may consider the order later than that, but not more than 5 business days after service.

(3) The court must not consider the order unless—

(a) it is satisfied that the chief officer of police for the area in which the evidence is situated has had notice of the order; and

(b) that chief officer of police has had an opportunity to make representations, at a hearing if that officer wants.

(4) The court may consider the order—

(a) without a hearing; or

(b) at a hearing, in public or in private.

Section 18 Amendments to the Criminal Procedure Rules 2005

For Part 33 (Expert evidence), substitute the Part as set out in Schedule 5 to these Rules.

Section 19 Amendments to the Criminal Procedure Rules 2005

In rule 39(1) (Time limits for beginning of trials), for “Supreme Court”, substitute “Senior Courts”.

Section 20 Amendments to the Criminal Procedure Rules 2005

In Part 59 (Proceeds of Crime Act 2002 150 rules applicable only to restraint proceedings), in the Table of Contents—

(a) at the end of the first column, insert “Application to punish for contempt of court”; and

(b) at the end of the second column, insert “rule 59.6”.

Section 21 Amendments to the Criminal Procedure Rules 2005

After rule 59.5 (Application for discharge of a restraint order by the person who applied for the order), insert—

Application to punish for contempt of court

(59.6)

(1) This rule applies where a person is accused of disobeying a restraint order.

(2) An applicant who wants the Crown Court to exercise its power to punish that person for contempt of court must comply with the rules in Part 62 (Contempt of court).

[Note. The Crown Court has inherent power to punish for contempt of court a person who disobeys its order: see section 45 of the Senior Courts Act 1981 .]

Section 22 Amendments to the Criminal Procedure Rules 2005

In Part 61 (Proceeds of Crime Act 2002 150 150 rules applicable to restraint and receivership proceedings)—

(a) in rule 61.19 (Order for costs)—

(i) in paragraph (1), omit “under rule 78.1”,

(ii) in paragraph (5), omit “under rule 78.1”;

(b) at the end of the note after rule 61.19, insert “See section 52 of the Senior Courts Act 1981 .”;

(c) in rules 61.20 and 61.21, for “taxing” wherever it occurs, substitute “assessing”;

(d) in rule 61.20(1)(b), for “rule 78.3”, substitute “rule 76.11”; and

(e) in rule 61.21(1)(b), for “rule 78.3”, substitute “rule 76.11”.

Section 23 Amendments to the Criminal Procedure Rules 2005

For Part 62 (Proceeds of Crime Act 2002 150 150 150 rules applicable to investigations), substitute the Part as set out in Schedule 6 to these Rules.

Section 24 Amendments to the Criminal Procedure Rules 2005

In Part 63 (Appeal to the Crown Court)—

(a) in rule 63.1(1)(a)(iii) (When this Part applies), after “2000”, insert “, or paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003 ”;

(b) in the note after rule 63.1 (When this Part applies)—

(i) for “Supreme Court”, substitute “Senior Courts”,

(ii) in sub-paragraph (c) of the second paragraph, after “2000”, insert “, or under paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003”;

(c) in the note after rule 63.8 (Abandoning an appeal), for “Supreme Court”, substitute “Senior Courts”; and

(d) in the note after 63.10 (Constitution of the Crown Court), for “Supreme Court”, substitute “Senior Courts”.

Section 25 Amendments to the Criminal Procedure Rules 2005

In rule 64.7(1) (Application to the Crown Court to state a case), for “Supreme Court”, substitute “Senior Courts”.

Section 26 Amendments to the Criminal Procedure Rules 2005

In Part 65 (Appeal to the Court of Appeal: general rules)—

(a) in the note after rule 65.1(1) (When this Part applies), for “Supreme Court”, substitute “Senior Courts”;

(b) in the last paragraph of the note after rule 65.3 (Power to vary requirements), for “House of Lords”, substitute “Supreme Court”; and

(c) in rule 65.6 (Hearings)—

(i) for paragraph (3), substitute—

(3) Where the appellant wants to appeal against an order restricting public access to a trial, the court—

(a) may decide without a hearing—

(i) an application, including an application for permission to appeal,

and

(ii) an appeal; but

(b) must announce its decision on such an appeal at a hearing in public.

(ii) in paragraph (4), for “House of Lords”, substitute “Supreme Court”.

Section 27 Amendments to the Criminal Procedure Rules 2005

In the note after rule 68.3 (Form of appeal notice), for “Supreme Court”, substitute “Senior Courts”.

Section 28 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), for “Supreme Court”, substitute “Senior Courts”.

Section 29 Amendments to the Criminal Procedure Rules 2005

In the note after rule 68.8 (Application for bail pending appeal or retrial), for “Supreme Court”, substitute “Senior Courts”.

Section 30 Amendments to the Criminal Procedure Rules 2005

In Part 71 (Appeal to the Court of Appeal under the Proceeds of Crime Act 2002 150 150 150 150 general rules)—

(a) in the Table of Contents, at the end of the first column, for “House of Lords”, substitute “Supreme Court”; and

(b) in rule 71.10 (Appeal to House of Lords), for “House of Lords”, in each place it occurs, substitute “Supreme Court”.

Section 31 Amendments to the Criminal Procedure Rules 2005

In Part 74—

(a) for “House of Lords”, in each place it occurs, substitute “Supreme Court”; and

(b) in the note after rule 74.1, omit the eighth paragraph, which provides—

When section 40 of the Constitutional Reform Act 2005 and Schedule 9, paragraphs 16, 23 and 48 of that Act come into force the Supreme Court will take over the jurisdiction of the House of Lords under the provisions listed above. When that happens, references in this Part to the House of Lords must be read as references to the Supreme Court.

Section 32 Amendments to the Criminal Procedure Rules 2005

For Part 76 (Representation Orders), substitute the Part as set out in Schedule 7 to these Rules.

Section 33 Amendments to the Criminal Procedure Rules 2005

Omit Part 77 (Recovery of defence costs orders) and Part 78 (Costs orders against the parties).

Section 34 Amendments to the Criminal Procedure Rules 2005

In the Arrangement of Rules contained in the Criminal Procedure Rules 2005—

(a) in the entry for Part 5, for “Forms”, substitute “Forms and court records”;

(b) before the entry for Part 6 “Court records”, insert a new division heading “Preliminary proceedings”;

(c) in the entry for Part 6, for “Court records”, substitute “Investigation orders”;

(d) before the entry for Part 7 “Starting a prosecution in a magistrates' court”, omit the division heading “Preliminary proceedings”;

(e) in the entry for Part 22, for “Disclosure by the prosecution”, substitute “Disclosure”;

(f) omit the entries for Parts 23 to 26 (Disclosure by the defence; Disclosure of expert evidence; Applications for public interest immunity and specific disclosure; and Confidential material).

(g) before the entry for Part 62 (Proceeds of Crime Act 2002 150 150 150 150 150 rules applicable to investigations), insert a new division heading “Contempt of court”;

(h) in the entry for Part 62, for “Proceeds of Crime Act 2003 150 150 150 150 150 150 rules applicable to investigations”, substitute “Contempt of court”;

(i) in the entry for Part 74, for “House of Lords”, substitute “Supreme Court”;

(j) in the entry for Part 76, for “Representation Orders”, substitute “Costs”; and

(k) omit the entries for Part 77 (Recovery of Defence Costs Orders) and Part 78 (Costs orders against the parties).

Section 5.1 Forms

The forms set out in the Practice Direction shall be used as appropriate in connection with the rules to which they apply.

Section 5.2 Magistrates' courts forms in Welsh

(1) Subject to the provisions of this rule, the Welsh language forms set out in the Practice Direction or forms to the like effect may be used in connection with proceedings in magistrates' courts in Wales.

(2) Both a Welsh form and an English form may be used in the same document.

(3) When only a Welsh form set out in the Practice Direction accompanying this rule, or only the corresponding English form, is used in connection with proceedings in magistrates' courts in Wales, there shall be added the following words in Welsh and English:

Darperir y ddogfen hon yn Gymraeg / Saesneg os bydd arnoch ei heisiau. Dylech wneud cais yn ddi-oed i (Glerc Llys yr Ynadon) (rhodder yma'r cyfeiriad)…

This document will be provided in Welsh / English if you require it. You should apply immediately to (the Justices' Clerk to the Magistrates' Court) (address)…

(If a person other than a justices' clerk is responsible for sending or giving the document, insert that person’s name instead.)

(4) The justices' clerk or other person responsible for the service of a form bearing the additional words set out in paragraph (3) above shall, if any person upon whom the form is served so requests, provide him with the corresponding English or Welsh form.

(5) In this rule any reference to serving a document shall include the sending, giving or other delivery of it.

(6) In the case of a discrepancy between an English and Welsh text the English text shall prevail.

[Formerly rules 2 to 6 of, and Schedule 2 to, The Magistrates' Courts (Welsh Forms) Rules 1986 .]

Section 5.3 Signature of magistrates' courts forms by justices' clerk

(1) Subject to paragraph (2) below, where any form prescribed by these Rules contains provision for signature by a justice of the peace only, the form shall have effect as if it contained provision in the alternative for signature by the justices' clerk.

(2) This rule shall not apply to any form of information, complaint, statutory declaration or warrant, other than a warrant of commitment or of distress.

(3) In this rule where a signature is required on a form or warrant other than an arrest, remand or commitment warrant, an electronic signature incorporated into the document will satisfy this requirement.

[Formerly rule 109 of The Magistrates' Court Rules 1981 .]

Section 5.4 Magistrates' court register

(1) A magistrates' court officer shall keep a register in which there shall be entered—

(a) a minute or memorandum of every adjudication of the court; and

(b) a minute or memorandum of every other proceeding or thing required by these Rules or any other enactment to be so entered.

(2) The register may be stored in electronic form on the court computer system and entries in the register shall include, where relevant, the following particulars—

(a) the name of the informant, complainant or applicant;

(b) the name and date of birth (if known) of the defendant or respondent;

(c) the nature of offence, matter of complaint or details of the application;

(d) the date of offence or matter of complaint;

(e) the plea or consent to order; and

(f) the minute of adjudication.

(3) Particulars of any entry relating to a decision about bail, or the reasons for any such decision, or the particulars of any certificate granted under section 5(6A) of the Bail Act 1976 , may be made in a record separate from that in which the entry recording the decision itself is made; but any such separate record shall be regarded as forming part of the register.

(4) Where, by virtue of section 128(3A) of the Magistrates' Courts Act 1980 , an accused gives his consent to the hearing and determination in his absence of any application for his remand on an adjournment of the case under sections 5, 10(1) or 18(4) of that Act, the court shall cause the consent of the accused, and the date on which it was notified to the court, to be entered in the register.

(5) Where any consent mentioned in paragraph (4) is withdrawn, the court shall cause the withdrawal of the consent and the date on which it was notified to the court to be entered in the register.

(6) On the summary trial of an information, the accused’s plea shall be entered in the register.

(7) Where a court tries any person summarily in any case in which he may be tried summarily only with his consent, the court shall cause his consent to be entered in the register and, if the consent is signified by a person representing him in his absence, the court shall cause that fact also to be entered in the register.

(8) Where a person is charged before a magistrates' court with an offence triable either way, the court shall cause the entry in the register to show whether he was present when the proceedings for determining the mode of trial were conducted; and, if they were conducted in his absence, whether they were so conducted by virtue of section 18(3) of the 1980 Act (disorderly conduct on his part) or by virtue of section 23(1) of that Act (consent signified by person representing him).

(9) In any case to which section 22 of the 1980 Act (certain offences triable either way to be tried summarily if value involved is small) applies, the court shall cause its decision as to the value involved or, as the case may be, the fact that it is unable to reach such a decision to be entered in the register.

(10) Where a court has power under section 53(3) of the 1980 Act to make an order with the consent of the defendant without hearing evidence, the court shall cause any consent of the defendant to the making of the order to be entered in the register.

(11) In the case of conviction or dismissal, the register shall clearly show the nature of the offence of which the accused is convicted or, as the case may be, the nature of the offence charged in the information that is dismissed.

(12) An entry of a conviction in the register shall state the date of the offence.

(13) Where a court is required under section 130(3) of the Powers of Criminal Courts (Sentencing) Act 2000 to give reasons for not making a compensation order the court shall cause the reasons given to be entered in the register.

(14) Where a court passes a custodial sentence, the court shall cause a statement of whether it obtained and considered a pre-sentence report before passing sentence to be entered in the register.

(15) Every register shall be open to inspection during reasonable hours by any justice of the peace, or any person authorised in that behalf by a justice of the peace or the Lord Chancellor.

(16) A record of summary conviction or order made on complaint required for an appeal or other legal purpose may be in the form of certified extract from the court register.

(17) Such part of the register as relates to proceedings in a youth court may be recorded separately and stored in electronic form on the court computer system.

[Formerly rules 16 and 66 of The Magistrates' Court Rules 1981 , and rule 25 of The Magistrates' Courts (Children and Young Persons) Rules 1992 .]

Section 5.5 Registration of endorsement of licence under section 57 of the Road Traffic Offenders Act 1988

A magistrates' court officer or justices' clerk who, as a fixed penalty clerk within the meaning of section 69(4) of the Road Traffic Offenders Act 1988 , endorses a driving licence under section 57(3) or (4) of that Act (endorsement of licences without hearing) shall register the particulars of the endorsement in a record separate from the register kept under rule 6.1; but any such record shall be regarded as forming part of the register.

[Formerly rule 66A of The Magistrates' Courts Rules 1981.]

Section 5.6 Registration of certificate issued under section 70 of the Road Traffic Offenders Act 1988

A magistrates' court officer shall register receipt of a registration certificate issued under section 70 of the Road Traffic Offenders Act 1988 (sum payable in default of fixed penalty to be enforced as a fine) in a record separate from the register kept under rule 5.4; but any such record shall be regarded as forming part of the register.

[Formerly rule 66B of The Magistrates' Courts Rules 1981.]

Section 5.7 Proof of proceedings in magistrates' courts

The register of a magistrates' court, or an extract from the register certified by the magistrates' court officer as a true extract, shall be admissible in any legal proceedings as evidence of the proceedings of the court entered in the register.

[Formerly rule 68 of The Magistrates' Courts Rules 1981. As to the requirement to keep a register, see rule 5.4.]

Section 6.1 When this Part applies

(1) Sections 2 and 3 of this Part apply where, for the purposes of a terrorist investigation—

(a) a Circuit judge can make, vary or discharge—

(i) an order for the production of, or for giving access to, material, or for a statement of its location, under paragraphs 5 and 10 of Schedule 5 to the Terrorism Act 2000 ,

(ii) an explanation order, under paragraphs 10 and 13 of Schedule 5 to the 2000 Act ,

(iii) a customer information order, under paragraphs 1 and 4 of Schedule 6 to the 2000 Act ;

(b) a Circuit judge can make, and the Crown Court can vary or discharge, an account monitoring order, under paragraphs 2 and 4 of Schedule 6A to the 2000 Act .

(2) Sections 2 and 4 of this Part apply where, for the purposes of a confiscation investigation or a money laundering investigation, a Crown Court judge can make, and the Crown Court can vary or discharge—

(a) a production order, under sections 345 and 351 of the Proceeds of Crime Act 2002 ;

(b) an order to grant entry, under sections 347 and 351 of the 2002 Act ;

(c) a disclosure order, under sections 357 and 362 of the 2002 Act ;

(d) a customer information order, under sections 363 and 369 of the 2002 Act ;

(e) an account monitoring order, under sections 370 and 375 of the 2002 Act .

[Note. In outline, the orders to which these rules apply are—

(a) under the Terrorism Act 2000—

(i) an order requiring a person to produce, give access to, or state the location of material sought in a terrorist investigation,

(ii) an explanation order, requiring a person to explain material obtained under a production, etc. order,

(iii) a customer information order, requiring a financial institution to provide information about an account holder,

(iv) an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution;

(b) under the Proceeds of Crime Act 2002—

(i) a production order, requiring a person to produce or give access to material sought in a confiscation or money laundering investigation,

(ii) an order to grant entry, requiring a person to allow entry to premises so that a production order can be enforced,

(iii) a disclosure order, requiring a person to provide information or documents, or to answer questions,

(iv) a customer information order, requiring a financial institution to provide information about an account holder,

(v) an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution.

For all the relevant terms under which these orders can be made, see the provisions listed in rule 6.1.

When the relevant provisions of the Courts Act 2003 come into force, a District Judge (Magistrates' Courts) will have the same powers as a Circuit judge under the Terrorism Act 2000.

Under section 8 of the Senior Courts Act 1981 , a High Court judge, a Circuit judge, a Recorder and a District Judge (Magistrates' Courts) each may act as a Crown Court judge.

As well as governing procedure on an application to the Crown Court, under the following provisions rules may govern the procedure on an application to an individual judge—

(a) paragraph 10 of Schedule 5, paragraph 4 of Schedule 6 and paragraph 5 of Schedule 6A to the Terrorism Act 2000; and

(b) sections 351, 362, 369 and 375 of the Proceeds of Crime Act 2002.

Under the Terrorism Act 2000 and under the Proceeds of Crime Act 2002, in some circumstances an individual judge can issue a warrant to search for and seize material. Applications for such warrants are not subject to these rules.]

Section 6.2 Meaning of “court”, “applicant” and “respondent”

In this Part—

(a) a reference to the “court” includes a reference to any judge who can exercise a power to which this Part applies;

(b) “applicant” means any person who can apply for an order to which this Part applies; and

(c) “respondent” means a person against whom such an order is sought or made.

Section 6.3 Exercise of court’s powers

(1) The court must determine an application for an order—

(a) at a hearing (which will be in private unless the court otherwise directs); and

(b) in the applicant’s presence.

(2) The court must not determine such an application in the absence of the respondent or any other person affected, unless—

(a) the absentee has had at least 2 business days in which to make representations; or

(b) the court is satisfied that—

(i) the applicant cannot identify or contact the absentee,

(ii) it would prejudice the investigation if the absentee were present, or

(iii) it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend.

(3) The court may determine an application to vary or discharge an order—

(a) at a hearing (which will be in private unless the court otherwise directs), or without a hearing; and

(b) in the absence of—

(i) the applicant,

(ii) the respondent,

(iii) any other person affected by the order.

Section 6.4 Court’s power to vary requirements under this Part

(1) The court may—

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

(b) dispense with a requirement for service under this Part (even after service was required); and

(c) consider an application made orally instead of in writing.

(2) A person who wants an extension of time must—

(a) apply when serving the application for which it is needed; and

(b) explain the delay.

Section 6.5 Custody of documents

Unless the court otherwise directs, the court officer may—

(a) keep a written application; or

(b) arrange for the whole or any part to be kept by some other appropriate person, subject to any conditions that the court may impose.

Section 6.6 Application for an order under the Terrorism Act 2000

(1) This rule applies where an applicant wants the court to make one of the orders listed in rule 6.1(1).

(2) The applicant must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer, and

(ii) the respondent (unless the court otherwise directs);

(c) identify the respondent;

(d) give the information required by whichever of rules 6.7 to 6.10 applies; and

(e) serve any order made on the respondent.

[Note. Under rules 6.3 and 6.4, the court may—

(a) exercise its powers in a respondent’s absence; and

(b) dispense with a requirement for service.

Under rule 6.12, an applicant may withhold information from material that is served on a respondent.]

Section 6.7 Content of application for a production etc. order

As well as complying with rule 6.6, an applicant who wants the court to make an order for the production of, or access to, material, or for a statement of its location, must—

(a) describe that material;

(b) explain why the applicant thinks the material is—

(i) in the respondent’s possession, custody or power, or

(ii) likely to be so within 28 days of the order;

(c) explain how the material constitutes or contains excluded material or special procedure material;

(d) confirm that none of the material is expected to be subject to legal privilege;

(e) explain why the material is likely to be of substantial value to the investigation;

(f) explain why it is in the public interest for the material to be produced, or for the applicant to be given access to it, having regard to—

(i) the benefit likely to accrue to the investigation if it is obtained, and

(ii) the circumstances in which the respondent has the material, or is expected to have it; and

(g) propose—

(i) the terms of the order, and

(ii) the period within which it should take effect.

[Note. See paragraphs 5 to 9 of Schedule 5 to the Terrorism Act 2000. The applicant for a production, etc. order must be a constable.

Under paragraph 4 of Schedule 5 to the 2000 Act, “legal privilege”, “excluded material” and “special procedure material” mean the same as under sections 10, 11 and 14 of the Police and Criminal Evidence Act 1984.

The period within which an order takes effect must be specified in the order and, unless the court otherwise directs, must be —

(a) where the respondent already has the material, 7 days from the date of the order; or

(b) where the respondent is likely to have the material within 28 days, 7 days from the date the respondent notifies the applicant of its receipt.]

Section 6.8 Content of application for an explanation order

As well as complying with rule 6.6, an applicant who wants the court to make an explanation order must—

(a) identify the material that the applicant wants the respondent to explain;

(b) confirm that the explanation is not expected to infringe legal privilege; and

(c) propose—

(i) the terms of the order, and

(ii) the period within which it should take effect, if 7 days from the date of the order would not be appropriate.

[Note. See paragraph 13 of Schedule 5 to the Terrorism Act 2000. The applicant for an explanation order must be a constable.

An explanation order can require a lawyer to provide a client’s name and address.]

Section 6.9 Content of application for a customer information order

As well as complying with rule 6.6, an applicant who wants the court to make a customer information order must—

(a) explain why it is desirable for the purposes of the investigation to trace property said to be terrorist property within the meaning of the Terrorism Act 2000;

(b) explain why the order will enhance the effectiveness of the investigation; and

(c) propose the terms of the order.

[Note. See Schedule 6 to the Terrorism Act 2000. The applicant for a customer information order must be a police officer of at least the rank of superintendent.

“Customer information” is defined by paragraph 7 of Schedule 6 to the 2000 Act. “Terrorist property” is defined by section 14 of the Act .]