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Notes to accompany 5^th update, October 2007

Changes made by the Criminal Procedure (Amendment No. 2) Rules 2007

• new rules about appeals to the Court of Appeal
• new rules about changing a plea of guilty in summary proceedings (that is, a trial in a magistrates' court) or in a trial on indictment (that is, in the Crown Court)
• other rule changes

Changes to the Consolidated Criminal Practice Direction (amendment no. 16)

• new forms for use in connection with the new appeal rules in Parts 65- 70 of the Criminal Procedure Rules 2005

Changes to the Consolidated Criminal Practice Direction (amendment no. 15) made in March 2007

Changes made by the Criminal Procedure (Amendment No. 2) Rules 2007

All the rule changes come into force on Monday 1^st October, 2007. The new rules about changing a guilty plea (in Parts 37 and 39) and about appeals to the Crown Court and to the House of Lords (in Parts 63 and 74) will apply from that date.

New rules added to Part 2 of the Criminal Procedure Rules 2005 provide that the new appeal rules will apply where an appeal, application or reference to the Court of Appeal is made on or after 1st October, 2007.

The Amendment Rules make these main changes to the Criminal Procedure Rules:

• First, they introduce new general rules about appeals to the Court of Appeal ( Part 65). Then, in each of Parts 66 to 70, the same procedural framework has been used to underpin the unique requirements of each type of appeal. This is in effect to standardise the appeal procedures, to make it more straightforward for everyone to understand what must be done, or taken into consideration, as they go about preparing their appeal. The five categories of appeal and reference are: appeals against a ruling at a preparatory hearing ( Part 66); new rules about appeals against a ruling adverse to the prosecution ( Part 67); new rules about appeals about conviction or sentence ( Part 68); new rules about appeals about reporting or public access restrictions ( Part 69); and new rules about reference to the Court of Appeal by the Attorney General of a point of law, or unduly lenient sentencing ( Part 70). Of these, appeals about conviction or sentence form the overwhelming majority of appeals.It is important to note that Part 65 introduces into the Court of Appeal duties and powers of case management under Part 3 of the Criminal Procedure Rules 2005 that have not formerly applied in that court. The new rules incorporate procedures currently set out in case law (variation of the outcome of a sentence appeal heard in a party's absence - new rule 68.12). They also incorporate other procedures established by the practice of the Registrar of Criminal Appeals (notification of potential respondents - new rule 68.6). They accommodate new legislation that gives the prosecutor an opportunity to appeal against a failure by the Crown Court to make a football banning order, under section 14A(5A) of the Football Spectators Act 1989.At the request of the Registrar of Criminal Appeals, the Criminal Procedure Rule Committee undertook a comprehensive revision and simplification of the rules about appeals from the Crown Court to the criminal division of the Court of Appeal contained in Parts 65 to 70 of the Criminal Procedure Rules 2005. Some of those rules no longer corresponded with the preferred modern practice of the court and some were hard to understand. The new rules were formulated in close consultation with the Registrar of Criminal Appeals and staff of the Criminal Appeal Office (who have to apply them). The Criminal Procedure Rule Committee consulted generally about its proposals between April and June 2007, inviting comments from participants in the criminal justice system including the various professional bodies involved. The rules take account of the observations received.The new rules are shorter and clearer than those that they replace. They have been rewritten in the style of the Criminal Procedure Rules and include notes to cross-refer the reader to other relevant provisions. They substantially maintain the principal existing procedures of the Court of Appeal, on the ground that those procedures serve well those who have recourse to them.

Changing a plea of guilty in a magistrates' court or in the Crown Court: Parts 37 and 39 of the Criminal Procedure Rules

• New rules for magistrates' courts and the Crown Court to clarify the procedure for making an application to change a plea of guilty.A new rule inserted at THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK37.6 sets out the procedure for making an application to change a plea of guilty in summary proceedings - that is, a case that is going to be tried by magistrates.A new rule inserted at 39.3 sets out the procedure for making an application to change a plea of guilty in a trial on indictment - that is, a case that will be tried by a jury in the Crown Court.The Criminal Procedure Rules 2005 contained no rules governing the procedure by which a defendant who has entered a guilty plea may apply to the court for permission to withdraw that plea (for example, where it emerges that she or he had misunderstood the prosecution case). That procedure was set out only in case law. The Committee received reports that the absence of clear procedure rules contributed to confusion over the circumstances in which a court might consider an application to withdraw a guilty plea, and an article published in a legal journal (Criminal Law Review, February 2007) invited the Committee to make such rules.

In addition, the Amendment Rules make these other changes:

Part 63 - Appeal to the Crown Court

• The rules about appeals from a magistrates' court to the Crown Court in Part 63 of the Criminal Procedure Rules 2005 are amended for two purposes:
  
  • First, to accommodate a prosecutor's appeal under section 14A(5A) of the Football Spectators Act 1989 against a failure to make a football banning order.
  • Second, to make clear that any appeal to the Crown Court can be heard with only one magistrate as well as a Crown Court judge, instead of the usual two magistrates, if to wait for a second magistrate would cause unreasonable delay. The amendment reinstates a former Crown Court rule that, by oversight, was adopted in the Criminal Procedure Rules 2005 in terms that applied ostensibly only where the appeal was from a youth court.

Part 74 - Appeal to the House of Lords

• The rules about appeal to the House of Lords in Part 74 of the Criminal Procedure Rules 2005 are amended, to extend the scope of that Part to all appeals to the House of Lords from the criminal division of the Court of Appeal. These consequential amendments complete the revision and consolidation of the rules in Parts 65 to 70. Note that provisions that now are in Part 74 formerly were contained in rule 66.16 (concerning prosecution appeals) and in rule 69.5 (concerning sentencing references by the Attorney General).

Changes to the Consolidated Criminal Practice Direction (amendment no. 16)

These changes come into force on Monday 1st October, 2007.

The latest amendment to the Practice Direction introduced new forms for use with Parts 65-70 of the Criminal Procedure Rules. These are the new rules on appeals to the Court of Appeal introduced by the Criminal Procedure (Amendment No. 2) Rules 2007, which also come into force on 1st October 2007. The new forms will appear in Annex D.

The new forms for use in connection with Part 65, Appeal to the Court of Appeal: general rules:

Notice of abandonment of proceedings in the Court of Appeal, Criminal Division. Criminal Appeal Act 1968 (Criminal Procedure Rules, r. 65.13(3))

Notice of abandonment of proceedings instituted under s.9(11) of the Criminal Justice Act, 1987, or s.35(1) of the Criminal Procedure and Investigations Act, 1996, or s.47(1) of the Criminal Justice Act 2003 (Preparatory Hearing) (Criminal Procedure Rules, r. 65.13(3))

Notice of abandonment of proceedings instituted under s.58 of the Criminal Justice Act 2003 (Criminal Procedure Rules, r. 65.13(3))

Forms for use in connection with Part 66, Appeal to the Court of Appeal against ruling at preparatory hearing:

Notice and grounds of appeal or application for permission to appeal against ruling(s) made in Preparatory Hearing (Criminal Procedure Rules, r 66.3(1))

Respondents notice and grounds of opposition to appeal brought under s.9(11) of the Criminal Justice Act 1987, or s.35(1) of the Criminal Procedure and Investigations Act 1996, or s.47(1) of the Criminal Justice Act 2003. (Preparatory Hearing) (Criminal Procedure Rules, r 66.5(4))

Forms for use in connection with Part 67, Appeal to the Court of Appeal against ruling adverse to prosecution:

Respondents' notice and grounds of opposition to appeals under s.58 of the Criminal Justice Act 2003 (Criminal Procedure Rules, r 67.7(4))

Notice and grounds of prosecution appeal or application for permission to appeal under s.58 Criminal Justice Act 2003 (Criminal Procedure Rules, r 67.4(1))

Forms for use in connection with Part 68, Appeal to the Court of Appeal about conviction or sentence:

Notice and grounds of appeal or application for permission to appeal against conviction or sentence to the Court Of Appeal, Criminal Division (Criminal Procedure Rules, rr 68.3(1),(2))

Notice and grounds of appeal or application for permission to appeal to the Court of Appeal Criminal Division against minimum term set or reviewed by the High Court (Criminal Procedure Rules, r 68.3(1),(2))

Notice and grounds of appeal or application for permission to appeal to the Court of Appeal Criminal Division against a sentence review decision (Criminal Procedure Rules, r 68.3(1),(2))

Notice of application to the Court of Appeal Criminal Division for a witness order and / or permission to call a witness. Section 23 of the Criminal Appeal Act 1968 (Criminal Procedure Rules (rr 68.3, 68.7))

Respondents' notice and grounds of opposition to appeal against conviction or sentence (Criminal Procedure Rules, r 68.6(5))

Notice of Application For Bail The Court of Appeal Criminal Division Criminal Appeal Act 1968 (Criminal Procedure Rules, r 68.8(2))

Recognizance of appellant's surety (Criminal Procedure Rules, r 68.9(5))

Recognizance of appellant's surety pending retrial (Criminal Procedure Rules, r 68.9(5))

Forms for use in connection with Part 69, Appeal to the Court of Appeal regarding reporting or public access restriction:

Notice of application for permission to appeal to the Court of Appeal regarding reporting or public access restriction s.159 of the Criminal Justice Act 1988 (Criminal Procedure Rules, rr 69.3, 69.4)

Respondents' notice and grounds of opposition to appeal under s.159 of the Criminal Justice Act 1988 (orders restricting or preventing reports or restricting public access) (Criminal Procedure Rules, r 69.6(5))

Changes to the Consolidated Criminal Practice Direction made in April 2007

Amendment number 15 to the Consolidated Criminal Practice Direction, handed down March 2007 and which came into force on 2 April, 2007.

The March amendment to the Practice Direction added new paragraphs about the Treatment of Vulnerable Defendants; Binding Over Orders and Conditional Discharges; Settling the Indictment; Management of Cases to be heard in the Crown Court; and Forms for Use in Criminal Proceedings. Due to timetabling issues, that part of the amendment about Binding Over Orders ( paragraph III.30) and Conditional Discharges only appeared on the website version. It was not included in the last update and so is now included in this one.

The amendment gives practical guidance on the practice of imposing binding-over orders to ensure good behaviour and \ or keep the peace. The direction also gives guidance on evidence and the burden of proof. It confirms that the court must provide clear descriptions of the actions they are required to take, when exercising the power to bind-over parents or guardians. The court's power to impose a conditional discharge is also clarified.