The Criminal Procedure Rules 2013

JurisdictionUK Non-devolved
CitationSI 2013/1554

2013 No. 1554 (L. 16)

Senior Courts Of England And Wales

Magistrates’ Courts, England And Wales

The Criminal Procedure Rules 2013

Made 19th June 2013

Laid before Parliament 1st July 2013

Coming into force 7th October 2013

The Criminal Procedure Rule Committee—

(a) revokes The Criminal Procedure Rules 20121and makes the following Rules under section 69 of the Courts Act 20032, after consulting in accordance with section 72(1)(a) of that Act; and

(b) in making the Rules listed in the first column of this table, exercises also the powers listed in the corresponding entry in the second column—

Rule

Power

Part 6, sections 1, 2 and 3

Paragraph 10 of Schedule 5, paragraph 4 of Schedule 6, and paragraph 5 of Schedule 6A to the Terrorism Act 20003

Part 6, sections 1, 2 and 4

Sections 351(2), 362(2), 369(2) and 375(1) of the Proceeds of Crime Act 20024

6.26

Section 74(3) of the Senior Courts Act 19815

Part 10

Section 48 of the Criminal Law Act 19776

19.6

Section 5B(9) of the Bail Act 19767

33.4

Section 81 of the Police and Criminal Evidence Act 19848 and section 20(3) of the Criminal Procedure and Investigations Act 19969

34.4

Section 132(4) of the Criminal Justice Act 200310

37.10

Section 174(4) of the Criminal Justice Act 200311

42.4

Section 155(7) of the Powers of Criminal Courts (Sentencing) Act 200012

57.7, 61.6, 61.8 and 61.9

Section 91 of the Proceeds of Crime Act 200213

62.16

Section 19 of the Criminal Procedure and Investigations Act 199614

63.10

Sections 73(2) and 74(2), (3) and (4) of the Senior Courts Act 198115

65.8

Section 87(4) of the Senior Courts Act 198116

76.6

Section 52 of the Senior Courts Act 198117

These rules may be cited as the Criminal Procedure Rules 2013 and shall come into force on 7th October 2013.

1 THE OVERRIDING OBJECTIVE

PART 1

THE OVERRIDING OBJECTIVE

Contents of this Part

The overriding objective

rule 1.1

The duty of the participants in a criminal case

rule 1.2

The application by the court of the overriding objective

rule 1.3

The overriding objective
S-1.1 The overriding objective

The overriding objective

1.1.—(1) The overriding objective of this new code is that criminal cases be dealt with justly.

(2) Dealing with a criminal case justly includes―

(a)

(a) acquitting the innocent and convicting the guilty;

(b)

(b) dealing with the prosecution and the defence fairly;

(c)

(c) recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights;

(d)

(d) respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case;

(e)

(e) dealing with the case efficiently and expeditiously;

(f)

(f) ensuring that appropriate information is available to the court when bail and sentence are considered; and

(g)

(g) dealing with the case in ways that take into account―

(i) the gravity of the offence alleged,

(ii) the complexity of what is in issue,

(iii) the severity of the consequences for the defendant and others affected, and

(iv) the needs of other cases.

The duty of the participants in a criminal case
S-1.2 The duty of the participants in a criminal case

The duty of the participants in a criminal case

1.2.—(1) Each participant, in the conduct of each case, must―

(a)

(a) prepare and conduct the case in accordance with the overriding objective;

(b)

(b) comply with these Rules, practice directions and directions made by the court; and

(c)

(c) at once inform the court and all parties of any significant failure (whether or not that participant is responsible for that failure) to take any procedural step required by these Rules, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective.

(2) Anyone involved in any way with a criminal case is a participant in its conduct for the purposes of this rule.

The application by the court of the overriding objective
S-1.3 The application by the court of the overriding objective

The application by the court of the overriding objective

1.3. The court must further the overriding objective in particular when―

(a) exercising any power given to it by legislation (including these Rules);

(b) applying any practice direction; or

(c) interpreting any rule or practice direction.

2 UNDERSTANDING AND APPLYING THE RULES

PART 2

UNDERSTANDING AND APPLYING THE RULES

Contents of this Part

When the Rules apply

rule 2.1

Definitions

rule 2.2

References to Acts of Parliament and to Statutory Instruments

rule 2.3

Representatives

rule 2.4

When the Rules apply
S-2.1 When the Rules apply

When the Rules apply

2.1.—(1) In general, the Criminal Procedure Rules apply―

(a)

(a) in all criminal cases in magistrates’ courts and in the Crown Court; and

(b)

(b) in all cases in the criminal division of the Court of Appeal.

(2) If a rule applies only in one or two of those courts, the rule makes that clear.

(3) The Rules apply on and after 7th October, 2013, but unless the court otherwise directs they do not affect a right or duty existing under The Criminal Procedure Rules 201218.

(4) In a case in which a request for extradition was received by a relevant authority in the United Kingdom on or before 31st December, 2003―

(a)

(a) the rules in Part 17 (Extradition) do not apply; and

(b)

(b) the rules in Part 17 of The Criminal Procedure Rules 2012 continue to apply as if those rules had not been revoked.

[Note. The rules replaced by the first Criminal Procedure Rules (The Criminal Procedure Rules 200519) were revoked when those Rules came into force by provisions of the Courts Act 2003, The Courts Act 2003 (Consequential Amendments) Order 200420and The Courts Act 2003 (Commencement No. 6 and Savings) Order 200421. The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.

The rules in Part 17 of The Criminal Procedure Rules 2012 applied to extradition proceedings under the Backing of Warrants (Republic of Ireland) Act 196522or under the Extradition Act 198923. By section 218 of the Extradition Act 200324, the 1965 and 1989 Acts ceased to have effect when the 2003 Act came into force. By article 2 of the Extradition Act 2003 (Commencement and Savings) Order 200325, the 2003 Act came into force on 1st January, 2004. However, article 3 of that Order26provided that the coming into force of the Act did not apply for the purposes of any request for extradition, whether made under any of the provisions of the Extradition Act 1989 or of the Backing of Warrants (Republic of Ireland) Act 1965 or otherwise, which was received by the relevant authority in the United Kingdom on or before 31st December, 2003.]

Definitions
S-2.2 Definitions

Definitions

2.2.—(1) In these Rules, unless the context makes it clear that something different is meant:

‘business day’ means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday;

‘court’ means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates’ Court), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals, a justices’ clerk or assistant clerk;

‘court officer’ means the appropriate member of the staff of a court;

‘justices’ legal adviser’ means a justices’ clerk or an assistant to a justices’ clerk;

‘live link’ means an arrangement by which a person can see and hear, and be seen and heard by, the court when that person is not in court;

‘Practice Direction’ means the Lord Chief Justice’s Consolidated Criminal Practice Direction, as amended, and ‘Criminal Costs Practice Direction’ means the Lord Chief Justice’s Practice Direction (Costs in Criminal Proceedings), as amended;

‘public interest ruling’ means a ruling about whether it is in the public interest to disclose prosecution material under sections 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 199627; and

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

(2) Definitions of some other expressions are in the rules in which they apply.

[Note. The glossary at the end of the Rules is a guide to the meaning of certain legal expressions used in them.]

References to Acts of Parliament and to Statutory Instruments
S-2.3 References to Acts of Parliament and to Statutory Instruments

References to Acts of Parliament and to Statutory Instruments

2.3. In these Rules, where a rule refers to an Act of Parliament or to subordinate legislation by title and year, subsequent references to that Act or to that legislation in the rule are shortened: so, for example, after a reference to the Criminal Procedure and Investigations Act 199628that Act is called ‘the 1996 Act’; and after a reference to The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 201129those Regulations are called ‘the 2011 Regulations’.

Representatives
S-2.4 Representatives

Representatives

2.4.—(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)

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

(b)

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

(c)

(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) A member, officer or employee of a prosecutor may, on the prosecutor’s behalf—

(a)

(a) serve on the magistrates’ court officer, or present to a magistrates’ court, an information under section 1 of the Magistrates’ Courts Act 198030; or

(b)

(b) issue a written charge and requisition under section 29 of the Criminal Justice Act 200331.

[Note. See also section 122 of the Magistrates’ Courts Act 198032. A party’s legal representative must be entitled to act as such...

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