The Criminal Procedure (Amendment No. 2) Rules 2018

JurisdictionUK Non-devolved
CitationSI 2018/847

2018 No. 847 (L. 8)

Senior Courts Of England And Wales

Magistrates’ Courts, England And Wales

The Criminal Procedure (Amendment No. 2) Rules 2018

Made 11th July 2018

Laid before Parliament 16th July 2018

Coming into force 1st October 2018

The Criminal Procedure Rule Committee makes the following Rules under section 69 of the Courts Act 20031, after consulting in accordance with section 72(1)(a) of that Act.

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 These Rules may be cited as the Criminal Procedure (Amendment ...

1. These Rules may be cited as the Criminal Procedure (Amendment No. 2) Rules 2018 and shall come into force on 1st October 2018.

S-2 In these Rules, a reference to a Part or rule by number alone...

2. 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 20152.

Amendments to the Criminal Procedure Rules 2015

Amendments to the Criminal Procedure Rules 2015

S-3 In Part 3 (Case management)— in rule 3.1 (When this Part...

3. In Part 3 (Case management)—

(a) in rule 3.1 (When this Part applies)—

(i) after paragraph (3) insert—

S-4

“4 Rule 3.28 applies in a magistrates’ court and in the Crown Court (including on an appeal to the Crown Court).”, and

(ii) at the end of the note to the rule insert—

The circumstances in which the court may commission a medical examination of a defendant and a report, other than for sentencing purposes, are listed in rule 3.28.”;

(b) after rule 3.27 (Pre-trial hearings in a magistrates’ court: general rules) insert—

“(3.28) Directions for commissioning medical reports, other than for sentencing purposes(1) (MEDICAL REPORTS)

“(3.28) Directions for commissioning medical reports, other than for sentencing purposes

(1)

(1) (MEDICAL REPORTS) This rule applies where, because of a defendant’s suspected mental ill-health―

(a) a magistrates’ court requires expert medical opinion about the potential suitability of a hospital order under section 37(3) of the Mental Health Act 19833(hospital order without convicting the defendant);

(b) the Crown Court requires expert medical opinion about the defendant’s fitness to participate at trial, under section 4 of the Criminal Procedure (Insanity) Act 19644; or

(c) a magistrates’ court or the Crown Court requires expert medical opinion to help the court determine a question of intent or insanity,

other than such opinion introduced by a party.

(2)

(2) A court may exercise the power to which this rule applies on its own initiative having regard to―

(a) an assessment of the defendant’s health by a mental health practitioner acting independently of the parties to assist the court;

(b) representations by a party; or

(c) observations by the court.

(3)

(3) A court that requires expert medical opinion to which this rule applies must―

(a) identify each issue in respect of which the court requires such opinion and any legislation applicable;

(b) specify the nature of the expertise likely to be required for giving such opinion;

(c) identify each party or participant by whom a commission for such opinion must be prepared, who may be―

(i) a party (or party’s representative) acting on that party’s own behalf,

(ii) a party (or party’s representative) acting on behalf of the court, or

(iii) the court officer acting on behalf of the court;

(d) where there are available to the court arrangements with the National Health Service under which an assessment of a defendant’s mental health may be prepared, give such directions as are needed under those arrangements for obtaining the expert report or reports required;

(e) where no such arrangements are available to the court, or they will not be used, give directions for the commissioning of an expert report or expert reports, including―

(i) such directions as can be made about supplying the expert or experts with the defendant’s medical records,

(ii) directions about the other information, about the defendant and about the offence or offences alleged to have been committed by the defendant, which is to be supplied to each expert, and

(iii) directions about the arrangements that will apply for the payment of each expert;

(f) set a timetable providing for—

(i) the date by which a commission is to be delivered to each expert,

(ii) the date by which any failure to accept a commission is to be reported to the court,

(iii) the date or dates by which progress in the preparation of a report or reports is to be reviewed by the court officer, and

(iv) the date by which each report commissioned is to be received by the court; and

(g) identify the person (each person, if more than one) to whom a copy of a report is to be supplied, and by whom.

(4)

(4) A commission addressed to an expert must—

(a) identify each issue in respect of which the court requires expert medical opinion and any legislation applicable;

(b) include—

(i) the information required by the court to be supplied to the expert,

(ii) details of the timetable set by the court, and

(iii) details of the arrangements that will apply for the payment of the expert;

(c) identify the person (each person, if more than one) to whom a copy of the expert’s report is to be supplied; and

(d) request confirmation that the expert from whom the opinion is sought—

(i) accepts the commission, and

(ii) will adhere to the timetable.

[Note. See also rule 28.8 (Directions for commissioning medical reports for sentencing purposes).

The court may request a medical examination of the defendant and a report under—

(a)

(a)section 4 of the Criminal Procedure (Insanity) Act 1964, under which the Crown Court may determine a defendant’s fitness to plead;

(b)

(b)section 35 of the Mental Health Act 19835, under which the court may order the defendant’s detention in hospital to obtain a medical report;

(c)

(c)section 36 of the 1983 Act6, under which the Crown Court may order the defendant’s detention in hospital instead of in custody pending trial;

(d)

(d)section 37 of the 1983 Act7, under which the court may order the defendant’s detention and treatment in hospital, or make a guardianship order, instead of disposing of the case in another way (section 37(3) allows a magistrates’ court to make such an order without convicting the defendant if satisfied that the defendant did the act or made the omission charged);

(e)

(e)section 38 of the 1983 Act8, under which the court may order the defendant’s temporary detention and treatment in hospital instead of disposing of the case in another way;

(f)

(f)section 157 of the Criminal Justice Act 20039, under which the court must usually obtain and consider a medical report before passing a custodial sentence if the defendant is, or appears to be, mentally disordered;

(g)

(g)section 207 of the 2003 Act10(in the case of a defendant aged 18 or over), or section 1(1)(k) of the Criminal Justice and Immigration Act 200811(in the case of a defendant who is under 18), under which the court may impose a mental health treatment requirement.

For the purposes of the legislation listed in (a), (c), (d) and (e) above, the court requires the written or oral evidence of at least two registered medical practitioners, at least one of whom is approved as having special experience in the diagnosis or treatment of mental disorder. For the purposes of (b), (f) and (g), the court requires the evidence of one medical practitioner so approved.

Under section 11 of the Powers of Criminal Courts (Sentencing) Act 200012, a magistrates’ court may adjourn a trial to obtain medical reports.

Part 19 (Expert evidence) contains rules about the content of expert medical reports.

For the authorities from whom the court may require information about hospital treatment or guardianship, see sections 39 and 39A of the 1983 Act13.

The Practice Direction includes a timetable for the commissioning and preparation of a report or reports which the court may adopt with such adjustments as the court directs.

Payments to medical practitioners for reports and for giving evidence are governed by section 19(3) of the Prosecution of Offences Act 198514and by the Costs in Criminal Cases (General) Regulations 198615, regulation 17 (Determination of rates or scales of allowances payable out of central funds), regulation 20 (Expert witnesses, etc.) and regulation 25 (Written medical reports). The rates and scales of allowances payable under those Regulations are determined by the Lord Chancellor.]”; and

(c) amend the table of contents correspondingly.

S-4 In Part 5 (Forms and court records)— in the note to rule 5.8...

4. In Part 5 (Forms and court records)—

(a) in the note to rule 5.8 (Supply to the public, including reporters, of information about cases), for sub-paragraph (e) substitute—

“(e)

“(e)the Data Protection Act 199816(sections 34 and 35 of the Act contain relevant exemptions from prohibitions against disclosure that usually apply) and Part 3 of the Data Protection Act 201817(sections 43(3) and 117 of which make exceptions for criminal proceedings from some other provisions of that Act); and”; and

(b) after the second paragraph of the note to rule 5.9 (Supply of written certificate or extract from records) insert—

Under section 92 of the Sexual Offences Act 200318, a certificate which records a conviction for an offence and a statement by the convicting court that that offence is listed in Schedule 3 to the Act is evidence of those facts for certain purposes of that Act.”.

S-5 In Part 24 (Trial and sentence in a magistrates’ court), in...

5. In Part 24 (Trial and sentence in a magistrates’ court), in rule 24.17 (Statutory declaration of ignorance of proceedings)—

(a) in paragraph (1)(a)(i) for “information and summons” substitute “application for a summons”;

(b) in paragraph (4)(a) for “the information or written charge” substitute “the application for the summons or the written charge”;

(c) in paragraph (4)(c)(i) for “an information in the...

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