NOTES TO ACCOMPANY 7^th UPDATE, SEPTEMBER 2008

Changes made by The Criminal Procedure (Amendment) Rules 2008

• New rules in Part 2 (Understanding and applying the rules) that explain the arrangements for the coming into force of these rule changes and make transitional provisions about other amendments made by these rules; and an amended rule about representatives and supporting adults in criminal proceedings;
• new rules in Part 7 (Starting a prosecution in a magistrates’ court) to revise and simplify the present rules;
• new rules in Part 63 about appeals to the Crown Court, to simplify and revise the rules so that they complement other Criminal Procedure Rules about appeals which have already been revised;
• an amended rule in Part 4 (Service of documents) to clarify the requirements for service on a company registered in Scotland or Northern Ireland;
• amendment of Part 37 (Summary trial), to include three rules transferred from the original Part 7 rules about commencing proceedings in magistrates’ courts;
• an amendment in Part 44 (Sentencing children and young persons) to remove a redundant reference to local education authorities;
• amendment of the rules in Part 55 (Road traffic penalties) to include a rule about statutory declarations under sections 72 and 73 of the Road Traffic Offenders Act 1988, transferred from the original Part 7 rules;
• amendments of the rules in Part 65 (Appeal to the Court of Appeal: general rules) to reflect recent legislation and to enhance the notes;
• amendment of the rules in Part 66 (Appeal to the Court of Appeal against a ruling at a preparatory hearing), to reflect the amendment to section 31 of the Criminal Appeal Act 1968 by section 47 of the Criminal Justice and Immigration Act 2008;
• amendment of Part 68 (Appeal to the Court of Appeal about conviction or sentence) to make provision for the rights of appeal (i) against wasted costs orders and third party costs orders; and (ii) against a serious crime prevention order where a case is certified fit for appeal; and
• amendment of Part 78 (Costs orders against the parties) because the new rules in Part 63 remove the three-day time limit for giving notice to abandon an appeal to the Crown Court.

Recent changes affecting the Consolidated Criminal Practice Direction

• The Lord Chief Justice handed down a Practice Direction about court dress in England and Wales in December 2007. The Practice Direction came into force on 2nd January 2008 and affected Part 1 - Directions of General Application, at para. I.1, Court Dress. The Direction is treated as though it were amendment no. 18 of the Consolidated Criminal Practice Direction.
• Amendment no. 19 of the Consolidated Criminal Practice Direction introduced, at Annex D – Forms, replacement forms for use in connection with the new Criminal Procedure Rules at Part 50 (Civil behaviour orders after verdict or finding) which came into force on 7 April, 2008. The forms are required by rule 50.3(3), notice of intention to apply, and application, for a behaviour order or serious crime prevention order. They are to be used where a defendant is charged on or after that date and in other cases if the court so orders.
• Amendment no. 20 of the Consolidated Criminal Practice Direction was handed down by the Lord Chief Justice on 31 July 2008 and introduced a new paragraph I.1.2 about Court Dress, which takes effect from 1 October 2008. The paragraph confirms that High Court Judges hearing criminal cases shall wear the winter criminal robe all through the year.

Changes made by The Criminal Procedure (Amendment) Rules 2008

New rules added to the Criminal Procedure Rules 2005 at Part 2 (Understanding and applying the Rules), explain the arrangements for the coming into force of the rule changes and make transitional provision.

• The rule changes come into force on Monday, 6^th October 2008
• The transitional provisions confirm that the new Part 7 rules about starting a prosecution in a magistrates’ court apply in cases in which, on or after 6^th October 2008:
  • • a prosecutor serves an information on the court officer or presents it to a magistrates’ court
    • a public prosecutor issues a written charge
    • a person who is in custody is charged with an offence
  • In other cases, the rules that previously applied should be followed.

• The transitional provisions confirm that the rules in Part 63 apply in cases in which the decision that is the subject of the appeal, or reference, to the Crown Court is made on or after 6th October 2008.
  • In other cases, the rules that previously applied should be followed.

The Amendment Rules make these main changes to the Criminal Procedure Rules 2005:

Part 7 – Starting a prosecution in a magistrates’ court

The new Part 7 rules revise and simplify the existing rules about starting a prosecution in a magistrates’ court. Expressed more simply than the existing rules, they apply to criminal cases started on or after 6th October 2008.

As part of its overall aim of simplifying and modernising the rules about criminal trials, the Criminal Procedure Rule Committee decided to review the rules about starting a case in a magistrates’ court. In shaping the proposals, the Committee took advice from key participants; then consulted widely on the draft rules, to ensure that they were workable.

These new rules reflect the feedback received and include notes to refer users to other relevant provisions. They have been written in the style of other Criminal Procedure Rules, to make it easier for a lay person to see what should be done when a prosecution is starting in a magistrates’ court.

Part 63 – Appeal to the Crown Court

Part 63 has been revised, to simplify the rules whilst maintaining and setting out explicitly the existing procedures of the Crown Court that are familiar to court users and have been found to work well. The new rules are modelled on the revised rules in Parts 65 to 70 about appeals from the Crown Court to the criminal division of the Court of Appeal, which were introduced by the Criminal Procedure (Amendment No. 2) Rules 2007: S.I. 2007 No. 2317).

The new rules are clearer than those that they replace. They have been rewritten in the style of other new criminal procedure rules and, like those other new rules, they include notes that refer the reader to other relevant provisions (including the legislation that confers the rights of appeal). The Criminal Procedure Rule Committee invited comments on the proposed draft rules, as is their usual practice. The new rules reflect the feedback received from a broad range of respondents.

In addition, the Amendment Rules make these other changes:

Part 2 – Understanding and applying the rules

• Part 2 is amended to include a new rule about representatives and supporting adults, to make clear what representatives can do under the Criminal Procedure Rules.

Part 4 – Service of documents

• Part 4 is amended to clarify what the rules require when documents are served on a company registered in Scotland or Northern Ireland. Notes are provided about the enabling provisions in primary legislation that permit service outside England and Wales.

Part 37 – Summary trial

• Part 37 is amended to include three rules transferred from the original Part 7 rules about commencing proceedings in magistrates’ courts.

Part 44 – Sentencing children and young persons

• Part 44 is amended to remove a redundant reference to local education authorities.

Part 55 – Road traffic penalties

• Part 55 is amended, to include the original rule 7.6 (Statutory declaration under sections 72 and 73 of the Road Traffic Offenders Act 1988) which has been transferred with minor revision, from the original Part 7.

Part 65 – Appeal to the Court of Appeal: general rules

• Part 65 is amended to reflect recent legislation, namely the Criminal Justice and Immigration Act 2008 and The Serious Crime Act 2007 (Appeals under section 24) Order 2008 and to enhance the notes.

Part 66 – Appeal to the Court of Appeal against a ruling at a preparatory hearing

• Part 66 is amended, to reflect the amendment to section 31 of the Criminal Appeal Act 1968 by section 47 of and paragraph 11 of Schedule 8 to the Criminal Justice and Immigration Act 2008.

Part 68 – Appeal to the Court of Appeal about conviction or sentence

• Part 68 is amended, to make provision for the rights of appeal (i) against wasted costs orders and third party costs orders; and (ii) against a serious crime prevention order where a case is certified fit for appeal.

Part 78 – Costs orders against the parties

• Part 78 is amended because the new rules in Part 63 remove the three-day time limit for giving notice to abandon an appeal to the Crown Court. The associated costs rule in Part 78 is amended to remove reference to the time limit and to allow the exercise of judicial discretion as to costs where such an appeal is abandoned.