(I.1.1) In magistrates' courts, advocates appear without robes or wigs. In all other courts, Queen's Counsel wear a short wig and a silk (or stuff) gown over a court coat with bands, junior counsel wear a short wig and stuff gown with bands , and. Solicitors and other advocates authorised under the Courts and Legal Services Act 1990 wear a black solicitor’s gown with bands; they may wear short wigs in circumstances where they would be worn by Queen’s Counsel or junior counsel.

(I.1.2) High Court Judges hearing criminal cases shall wear the winter criminal robe year-round. Scarlet summer robes are no longer issued or worn.

(I.2.1) Section 9 of the Contempt of Court Act 1981 contains provisions governing the unofficial use of tape recorders in court. Section 9(1) provides that it is a contempt of court (a) to use in court, or bring into court for use, any tape recorder or other instrument for recording sound, except with the leave of the Court; (b) to publish a recording of legal proceedings made by means of any such instrument, or any recording derived directly or indirectly from it, by playing it in the hearing of the public or any section of the public, or to dispose of it or any recording so derived, with a view to such publication; (c) to use any such recording in contravention of any conditions of leave granted under paragraph (a). These provisions do not apply to the making or use of sound recordings for purposes of official transcripts of the proceedings, upon which the Act imposes no restriction whatever.

(I.2.2) The discretion given to the Court to grant, withhold or withdraw leave to use tape recorders or to impose conditions as to the use of the recording is unlimited, but the following factors may be relevant to its exercise: (a) the existence of any reasonable need on the part of the applicant for leave, whether a litigant or a person connected with the press or broadcasting, for the recording to be made; (b) the risk that the recording could be used for the purpose of briefing witnesses out of court; (c) any possibility that the use of the recorder would disturb the proceedings or distract or worry any witnesses or other participants.

(I.2.3) Consideration should always be given whether conditions as to the use of a recording made pursuant to leave should be imposed. The identity and role of the applicant for leave and the nature of the subject matter of the proceedings may be relevant to this.

(I.2.4) The particular restriction imposed by section 9(1)(b) applies in every case, but may not be present to the mind of every applicant to whom leave is given. It may therefore be desirable on occasion for this provision to be drawn to the attention of those to whom leave is given.

(I.2.5) The transcript of a permitted recording is intended for the use of the person given leave to make it and is not intended to be used as, or to compete with, the official transcript mentioned in section 9(4).

(I.3.1) Under section 4(2) of the Contempt of Court Act 1981 a court may, where it appears necessary for avoiding a substantial risk of prejudice to the administration of justice in the proceedings before it or in any others pending or imminent, order that publication of any report of the proceedings or part thereof be postponed for such time as the court thinks necessary for that purpose. Section 11 of the Act provides that a court may prohibit the publication of any name or other matter in connection with the proceedings before it which it has allowed to be withheld from the public.

(I.3.2) When considering whether to make such an order there is nothing which precludes the court from hearing a representative of the press. Indeed it is likely that the court will wish to do so.

(I.3.3) It is necessary to keep a permanent record of such orders for later reference. For this purpose all orders made under section 4(2) must be formulated in precise terms having regard to the decision in R v Horsham Justices ex parte Farquharson [1982] QB 762; 76 Cr App R 87, and orders under both sections must be committed to writing either by the judge personally or by the clerk of the court under the judge's directions. An order must state (a) its precise scope, (b) the time at which it shall cease to have effect, if appropriate, and (c) the specific purpose of making the order. Courts will normally give notice to the press in some form that an order has been made under either section of the Act and the court staff should be prepared to answer any enquiry about a specific case, but it is, and will remain, the responsibility of those reporting cases, and their editors, to ensure that no breach of any orders occurs and the onus rests on them to make enquiry in any case of doubt.

(I.4.1) Reference should be made to paragraph 9 of Practice Direction (Court of Appeal(Civil Division)) [1999]1 WLR 1027; [1999] 2 All ER 490.

(I.5.1) Where a child has been interviewed by the police in connection with contemplated criminal proceedings and the child subsequently becomes a ward of court, no leave of the wardship court is required for the child to be called as a witness in those proceedings. Where, however, the police desire to interview a child who is already a ward of court, application must, other than in the exceptional cases referred to in paragraph I.5.3, be made to the wardship court, on summons and on notice to all parties, for leave for the police to do so. Where, however, a party may become the subject of a criminal investigation and it is considered necessary for the ward to be interviewed without that party knowing that the police are making inquiries, the application for leave may be made ex parte to a judge without notice to that party. Notice, should, where practicable, be given to the reporting officer.

(I.5.2) Where leave is given the order should, unless some special reason requires the contrary, give leave for any number of interviews which may be required by the prosecution or the police. If it is desired to conduct any interview beyond what has been permitted by the order, a further application should be made.

(I.5.3) The exceptional cases are those where the police need to deal with complaints or alleged offences concerning wards and it is appropriate, if not essential, for action to be taken straight away without the prior leave of the wardship court. Typical examples may be: (a) serious offences against the ward, such as rape, where medical examination and the collection of scientific evidence ought to be carried out promptly; (b) where the ward is suspected by the police of having committed a criminal act and the police wish to interview him about it; (c) where the police wish to interview the ward as a potential witness. The list is not exhaustive; there will inevitably be other instances where immediate action is appropriate. In such cases the police should notify the parent or foster parent with whom the ward is living or other “appropriate adult” within the Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers, so that that adult has the opportunity of being present when the police interview the child. Additionally, if practicable, the reporting officer (if one has been appointed) should be notified and invited to attend the police interview or to nominate a third party to attend on his behalf. A record of the interview or a copy of any statement made by the ward should be supplied to the reporting officer. Where the ward has been interviewed without the reporting officer's knowledge, he should be informed at the earliest opportunity. So too, if it be the case that the police wish to conduct further interviews. The wardship court should be appraised of the situation at the earliest possible opportunity thereafter by the reporting officer, the parent, foster parent (through the local authority) or other responsible adult.

(I.5.4) No evidence or documents in the wardship proceedings or information about the proceedings should be disclosed in the criminal proceedings without leave of the wardship court.

(I.6.1) The effect of section 4(1) of the Rehabilitation of Offenders Act 1974 is that a person who has become a rehabilitated person for the purpose of the Act in respect of a conviction (known as a ‘spent’ conviction) shall be treated for all purposes in law as a person who has not committed or been charged with or prosecuted for or convicted of or sentenced for the offence or offences which were the subject of that conviction.

(I.6.2) Section 4(1) of the 1974 Act does not apply, however, to evidence given in criminal proceedings: section 7(2)(a). Convictions are often disclosed in such criminal proceedings. When the Bill was before the House of Commons on 28 June 1974 the hope was expressed that the Lord Chief Justice would issue a Practice Direction for the guidance of the Crown Court with a view to reducing disclosure of spent convictions to a minimum and securing uniformity of approach. The direction is set out in the following paragraphs. The same approach should be adopted in all courts of criminal jurisdiction.

(I.6.3) During the trial of a criminal charge, reference to previous convictions (and therefore to spent convictions) can arise in a number of ways. The most common is when the character of the accused or a witness is sought to be attacked by reference to his criminal record, but there are, of course, cases where previous convictions are relevant and admissible as, for instance, to prove system.

(I.6.4) It is not possible to give general directions which will govern all these different situations, but it is recommended that both court and advocates should give effect to the general intention of Parliament by never referring to a spent conviction when such reference can reasonably be avoided.

(I.6.5) After a verdict of guilty the court must be provided with a statement of the defendant's record for the purposes of sentence. The record supplied should contain all previous convictions, but those which are spent should, so far as practicable, be marked as such.

(I.6.6) No one should refer in open court to a spent conviction without the authority of the judge, which authority should not be given unless the interests of justice so require.

(I.6.7) When passing sentence the judge should make no reference to a spent conviction unless it is necessary to do so for the purpose of explaining the sentence to be passed.

(I.7.1) The practical effect of custodial sentences imposed by the courts is almost entirely governed by statutory provisions. Those statutory provisions, changed by Parliament from time to time, are not widely understood by the general public. It is desirable that when sentence is passed the practical effect of the sentence should be understood by the defendant, any victim and any member of the public who is present in court or reads a full report of the proceedings.

(I.7.2) Whenever a custodial sentence is imposed on an offender the court should explain the practical effect of the sentence in addition to complying with existing statutory requirements. This will be no more than an explanation; the sentence will be that pronounced by the court.

(I.7.3) Sentencers should give the explanation in terms of their own choosing, taking care to ensure that the explanation is clear and accurate. No form of words is prescribed. Annexed to this Practice Direction are short statements which may, adapted as necessary, be of value as models (see Annex C). These statements are based on the statutory provisions in force on 1 January 1998 and will, of course, require modification if those provisions are materially amended.

(I.7.4) Sentencers will continue to give such explanation as they judge necessary of ancillary orders relating to matters such as disqualification, compensation, confiscation, costs and so on.

(1.7.5) The power of the Secretary of State to release a prisoner early under supervision is not part of the sentence. The judge is therefore not required in his sentencing remarks to provide an explanation of this power. However, in explaining the effect of custodial sentences the judge should not say anything which conflicts with the existence of this power.

(I.8.1) Where a court passes on a defendant more than one term of imprisonment the court should state in the presence of the defendant whether the terms are to be concurrent or consecutive. Should this not be done the court clerk should ask the court, before the defendant leaves court, to do so.

(I.8.2) If a prisoner is, at the time of sentence, already serving two or more consecutive terms of imprisonment and the court intends to increase the total period of imprisonment, it should use the expression ‘consecutive to the total period of imprisonment to which you are already subject’ rather than ‘at the expiration of the term of imprisonment you are now serving’, lest the prisoner be not then serving the last of the terms to which he is already subject.

(I.9.1) Where an appellate court substitutes a suspended sentence of imprisonment for one having immediate effect, the court should have in mind any period the appellant has spent in custody. If the court is of the opinion that it would be fair to do so, an approximate adjustment to the term of the suspended sentence should be made. Whether or not the court makes such adjustment, it should state that it had that period in mind. The court should further indicate that the operational period of suspension runs from the date the court passes the suspended sentence.

(I.10.1) These are the subject of Practice Direction: References to the European Court of Justice by the Court of Appeal and the High Court under Article 177 of the EC Treaty [1999] 1 WLR 260; [1999] 1 Cr App R 452, to which reference should be made.

(I.11.1) These are the subject of Practice Direction: (Supreme Court)(Devolution Issues) [1999] 1WLR 1592; [1999] 3 All ER 466; [1999] 2 Cr App R 486, to which reference should be made.

(I.12.1) Since 11 January 2001 every judgment of the Court of Appeal, and of the Administrative Court, and since 14 January 2002 every judgment of the High Court, has been prepared and issued as approved with single spacing, paragraph numbering (in the margins) and no page numbers. In courts with more than one judge the paragraph numbering continues sequentially through each judgment and does not start again at the beginning of each judgment. Indented paragraphs are not numbered. A unique reference number is given to each judgment. For judgments of the Court of Appeal this number is given by the official shorthand writers. For judgments of the High Court it is provided by the Mechanical Recording Department at the Royal Courts of Justice. Such a number will also be furnished, on request to the Mechanical Recording Department, Royal Courts of Justice, Strand, London WC2A 2LL (Tel: 020 7947 7771), to High Court judgments delivered outside London.

(I.12.2) Each Court of Appeal judgment starts with the year, followed by EW (for England and Wales), then CA (for Court of Appeal), followed by Civ or Crim and finally the sequential number. For example Smith v Jones [2001] EWCA Civ 10.

(I.12.3) In the High Court, represented by HC, the number comes before the divisional abbreviation and, unlike Court of Appeal judgments, the latter is bracketed: (Ch), (Pat), (QB), (Admin), (Comm), (Admlty), (TCC) or (Fam) as appropriate. For example, [2002] EWHC 123 (Fam) or [2002] EWHC 124 (QB) or [2002] EWHC 125 (Ch).

(I.12.4) This ‘neutral citation’, as it is called, is the official number attributed to the judgment and must always be used at least once when the judgment is cited in a later judgment. Once the judgment is reported this neutral citation appears in front of the familiar citation from the law reports series. Thus: Smith v Jones [2001] EWCA (Civ) 10; [2001] QB 124; [2001] 2 All ER 364, etc.

(I.12.5) Paragraph numbers are referred to in square brackets. When citing a paragraph from a High Court judgment it is unnecessary to include the descriptive word in brackets: (Admin), (QB) or whatever. When citing a paragraph from a Court of Appeal judgment, however, Civ or Crim is included. If it is desired to cite more than one paragraph of a judgment each numbered paragraph should be enclosed with a square bracket. Thus paragraph 59 in Green v White [2002] EWHC 124 (QB) would be cited: Green v White [2002] EWHC 124 at [59]; paragraphs 30 – 35 in Smith v Jones would be Smith v Jones [2001] EWCA Civ 10 at [30] – [35]; similarly, where a number of paragraphs are cited: Smith v Jones [2001] EWCA Civ 10 at [30], [35] and [40 – 43].

(I.12.6) If a judgment is cited more than once in a later judgment it is helpful if only one abbreviation is used, e.g. Smith v Jones or Smith's case, but preferably not both (in the same judgment.)

(I.13.1) The following directions take effect immediately.

(I.13.2) The failure of the defendants to comply with the terms of their bail by not surrendering can undermine the administration of justice. It can disrupt proceedings. The resulting delays impact on victims, witnesses and other court users and also waste costs. A defendant's failure to surrender affects not only the case with which he is concerned, but also the courts' ability to administer justice more generally by damaging the confidence of victims, witnesses and the public in the effectiveness of the court system and the judiciary. It is, therefore most important that defendants who are granted bail appreciate the significance of the obligation to surrender to custody in accordance with the terms of their bail and that courts take appropriate action if they fail to do so.

(I.13.3) There are at least three courses of action for the courts to consider taking:-

1. imposing penalties for the failure to surrender;
2. revoking bail or imposing more stringent bail conditions; and
3. conducting trials in the absence of the defendant.

(I.13.14) When a defendant has been convicted of a Bail Act offence, the court should review the remand status of the defendant, including the conditions of that bail, in respect of the main proceedings for which bail had been granted.

(I.13.15) Failure by the defendant to surrender or a conviction for failing to surrender to bail in connection with the main proceedings will be significant factors weighing against the re-granting of bail or, in the case of offences which do not normally give rise to a custodial sentence, in favour of trial in the absence of the offender.

(I.13.16) Whether or not an immediate custodial sentence has been imposed for the Bail Act offence, the court may, having reviewed the defendant's remand status, also remand the defendant in custody in the main proceedings.

(I.13.17) A defendant has a right, in general, to be present and to be represented at his trial. However, a defendant may choose not to exercise those rights by voluntarily absenting himself and failing to instruct his lawyers adequately so that they can represent him and, in the case of proceedings before the magistrates' court, there is an express statutory power to hear trials in the defendant's absence (s11 of the Magistrates' Courts Act 1980). In such circumstances, the court has discretion whether the trial should take place in his/her absence.

(I.13.18) The court must exercise its discretion to proceed in the absence of the defendant with the utmost care and caution. The overriding concern must be to ensure that such a trial is as fair as circumstances permit and leads to a just outcome.

(I.13.19) Due regard should be had to the judgment of Lord Bingham in R v Jones [2003] AC 1, [2002] 2 AER 113 in which Lord Bingham identified circumstances to be taken into account before proceeding, which include: the conduct of the defendant, the disadvantage to the defendant, public interest, the effect of any delay and whether the attendance of the defendant could be secured at a later hearing. Other relevant considerations are the seriousness of the offence and likely outcome if the defendant is found guilty. If the defendant is only likely to be fined for a summary offence this can be relevant since the costs that a defendant might otherwise be ordered to pay as a result of an adjournment could be disproportionate. In the case of summary proceedings the fact that there can be an appeal that is a complete rehearing is also relevant, as is the power to re-open the case under s142 of the Magistrates' Court Act 1980.

(1.14.1) This Practice Direction supplements Part 5 (forms) of the Criminal Procedure Rules.

(1.14.2) The forms set out in Annex D, or forms to that effect, are to be used in the criminal courts on or after 4th April, 2005, when the Criminal Procedure Rules come into force. Almost all are identical to those in use before that date, and accordingly a form in use before that date which corresponds with one set out in Annex D may still be used in connection with the rule to which it applies.

(1.14.3) The table at the beginning of Annex D lists the forms set out in that Annex and—

• shows the rule in connection with which each form applies
• describes each form
• in the case of a form in use before the Criminal Procedure Rules came into force, shows the legislation by which the form was prescribed and by what number (if any) it was known.

(II.1.1) The Registrar of Criminal Appeals will notify the relevant prosecution authority in the event that:

1. leave to appeal against sentence is granted by the single Judge; or
2. the single Judge or the Registrar refers an application for leave to appeal against sentence to the Full Court for determination; or
3. the Registrar becomes aware that Counsel for the applicant will be appearing at a renewed application for leave to appeal against sentence.

(II.1.2) The Prosecution will have 7 days from the grant of leave by the single Judge or the referral by the Registrar to notify the Registrar if they wish to be represented at the hearing OR to request sight of the grounds of appeal and/or any comments made by the single Judge when granting leave or referring the case to the Full Court. Upon such a request, the prosecution will have a further 7 days from receipt to notify the Registrar if they wish to be represented at the hearing.

(II.1.3) Occasionally, for example, where the single Judge fixes a hearing date at short notice, the Registrar may have to foreshorten the period specified in II.1.2 above.

(II.1.4) In relation to (c) in paragraph II.1.1, the prosecution will have 72 hours or, if the case is listed, 48 hours, to notify the Registrar that they wish to be represented at the hearing. Should the prosecution require sight of the grounds of appeal and the single Judge's comments, such a request should be made as expeditiously as possible.

(II.1.5) If the prosecution wishes to be represented at any hearing, the notification should include details of Counsel instructed, a time estimate and an indication whether a skeleton argument will be lodged no later than 14 days before the hearing (or such shorter period as may be necessary). If a skeleton argument is to be lodged, it must be served on the Court and the applicant/appellant.

(II.1.6) An application by the prosecution to remove a case from the list for Counsel's convenience, or to allow further preparation time, will rarely be granted.

(II.1.7) There may be occasions when the Court of Appeal Criminal Division will grant leave to appeal to an unrepresented applicant and proceed forthwith with the appeal in the absence of the appellant and Counsel. In those circumstances there will be no opportunity to notify the prosecution.

(II.1.8) As a Court of Review, the Court of Appeal Criminal Division would expect the prosecution to have raised any specific matters of relevance with the sentencing Judge in the first instance.

(II.1.9) When the prosecution attend a hearing as a result of this Practice Direction, the prosecution should not volunteer assistance in relation to any unrepresented applicant.

(II.1.10) This Direction will come into force as from 10 November 2003.

(II.1.11) The Prosecution are already invited to appear and respond, as a matter of course, in appeals against Confiscation Orders and where the Court is considering issuing sentencing guidelines. This practice will continue without change.

(II.1.12) This Practice Direction replaces the existing protocol whereby the prosecution were responsible for lodging a letter of interest with the Registrar of Criminal Appeals via the Crown Court.

(II.2.1) Arrangements for the fixing of dates for the hearing of appeals will be made by the Criminal Appeal Office Listing Officer, under the superintendence of the Registrar of Criminal Appeals who may give such directions as he deems necessary.

(II.2.2) Where possible, regard will be had to an advocate's existing commitments. However, in relation to the listing of appeals, the Court of Appeal takes precedence over all lower courts, including the Crown Court. Wherever practicable a lower court will have regard to this principle when making arrangements to release an advocate to appear in the Court of Appeal. In case of difficulty the lower court should communicate with the Registrar. In general an advocate's commitment in a lower court will not be regarded as a good reason for failing to accept a date proposed for a hearing in the Court of Appeal.

(II.2.3) The copy of the Criminal Appeal Office summary provided to advocates will contain the summary writer's time estimate for the whole hearing including delivery of judgment. The Listing Officer will rely on that estimate unless the advocate for the appellant or the Crown provides a different time estimate to the Listing Officer, in writing, within 7 days of the receipt of the summary by the advocate. Where the time estimate is considered by an advocate to be inadequate, or where the estimate has been altered because, for example, a ground of appeal has been abandoned, it is the duty of the advocate to inform the Court promptly, in which event the Registrar will reconsider the time estimate and inform the parties accordingly.

(II.2.4) In furtherance of the Court's aim of continuing to improve the service provided to appellants and respondents the following target times will be set for the hearing of appeals. Target times will run from the receipt of the appeal by the Listing Officer, as being ready for hearing. These arrangements will apply to appeals so received on and after 22nd March 2004.

(II.2.6) Where legal vacations impinge these periods may be extended. Where expedition is required, the Registrar may direct that these periods be abridged.

(II.2.7) “Appeal” includes an application for leave to appeal which requires an oral hearing.

(II.13.1) Judges of the Court of Appeal and of the High Court are addressed as “My Lord” or “My Lady”; so are Circuit Judges sitting as judges of the High Court under section 9 of the Supreme Court Act 1981.

(II.14.1) These are to be served on the Crown Court at the centre where the proceedings took place. The Crown Court will forward them to the Criminal Appeal Office together with the trial documents and any others which may be required.

(II.15.1) Advocates should not settle grounds or support them with written advice unless they consider that they are properly arguable. Grounds should be carefully drafted and properly particularised. Advocates should not assume that the Court will entertain any ground of appeal not set out and properly particularised. Should leave to amend the grounds be granted it is most unlikely that further grounds will be entertained.

(II.15.2) A copy of the advocate's positive advice about the merits should be attached as part of the grounds.

(II.16.1) Both the Court and the single judge have power in their discretion to direct that part of the time during which an applicant is in custody after putting in his notice of application for leave to appeal should not count towards sentence. Those who contemplate putting in such a notice and their legal advisers should bear this in mind. It is important that those contemplating an appeal should seek advice and should remember that it is useless to appeal without grounds and that grounds should be substantial and particularised and not a mere formula. Where an application devoid of merit has been refused by the single judge and a direction for loss of time has been made, the Full Court, on renewal of the application, may direct that additional time shall be lost if it, once again, thinks it right so to exercise its discretion in all the circumstances of the case.

(II.17.1) In all appeals against conviction a skeleton argument from the advocate for the appellant is to be lodged with the Registrar of Criminal Appeals and served on the prosecuting authority within 14 days of receipt by the advocate of the notification of the grant of leave to appeal against conviction or such longer period as the Registrar or the Court may direct. The skeleton may refer to an advice, which should be annexed with an indication of which parts of it are relied upon, and should include any additional arguments to be advanced.

(II.17.2) The advocate for the prosecuting authority should lodge with the Registrar and the advocate for the appellant his skeleton argument within 14 days of the receipt of the skeleton argument for the appellant or such longer (or, in exceptional cases, shorter) period as the Registrar or the Court may direct.

(II.17.3) Practitioners should ensure that, where reliance is placed upon unreported cases in skeleton arguments, short head notes are included.

(II.17.4) Advocates should ensure that the correct Criminal Appeal Office number appears at the beginning of their skeleton arguments and that their names are at the end.

(II.17.5) A skeleton argument should contain a numbered list of the points the advocate intends to argue, grouped under each ground of appeal, and stated in no more than one or two sentences. It should be as succinct as possible, the object being to identify each point, not to argue it or elaborate on it. Each listed point should be followed by full references to the material to which the advocate will refer in support of it, i.e. the relevant passages in the transcripts, authorities, etc. It should also contain anything the advocate would expect to be taken down by the Court during the hearing, such as propositions of law, chronologies, etc. If more convenient, these can be annexed to the skeleton rather than included in it. For points of law, the skeleton should state the point and cite the principal authority or authorities in support with reference to the passages where the principle is enunciated. Chronologies should, if possible, be agreed with the opposing advocate before the hearing. Respondents' skeletons should follow the same principles.

(II.18.1) To assist the Court the Criminal Appeal Office prepares summaries of the cases coming before it. These are entirely objective and do not contain any advice about how the Court should deal with the case or any view about its merits. They consist of two Parts.

(II.18.2) Part I, which is provided to all of the advocates in the case, generally contains (a) particulars of the proceedings in the Crown Court, including representation and details of any co-accused, (b) particulars of the proceedings in the Court of Appeal (Criminal Division), (c) the facts of the case, as drawn from the transcripts, advice of the advocates, witness statements and/or the exhibits, (d) the submissions and rulings, summing up and sentencing remarks. Should an advocate not want any factual material in his advice taken into account this should be stated in the advice.

(II.18.3) The contents of the summary are a matter for the professional judgment of the writer, but an advocate wishing to suggest any significant alteration to Part I should write to the Registrar of Criminal Appeals. If the Registrar does not agree, the summary and the letter will be put to the Court for decision. The Court will not generally be willing to hear oral argument about the content of the summary.

(II.18.4) Advocates may show Part I of the summary to their professional or lay clients (but to no one else) if they believe it would help to check facts or formulate arguments, but summaries are not to be copied or reproduced without the permission of the Criminal Appeal Office; permission for this will not normally be given in cases involving children or sexual offences or where the Crown Court has made an order restricting reporting.

(II.18.5) Unless a judge of the High Court or the Registrar of Criminal Appeals gives a direction to the contrary in any particular case involving material of an explicitly salacious or sadistic nature, Part I will also be supplied to appellants who seek to represent themselves before the Full Court or who renew to the full court their applications for leave to appeal against conviction or sentence.

(II.18.6) Part II, which is supplied to the Court alone, contains (a) a summary of the grounds of appeal and (b) in appeals against sentence (and applications for such leave), summaries of the antecedent histories of the parties and of any relevant pre-sentence, medical or other reports.

(II.18.7) All of the source material is provided to the Court and advocates are able to draw attention to anything in it which may be of particular relevance.

(II.19.1) Reference should be made to paragraph 10.1 of Practice Direction (Court of Appeal (Civil Division)) [1999] 1 WLR 1027; [1999] 2 All ER 490.

(II.20.1) Where any party intends to refer to the reports of Parliamentary proceedings as reported in the Official Reports of either House of Parliament (“Hansard”) in support of any such argument as is permitted by the decisions in Pepper v Hart [1993] AC 593 and Pickstone v Freeman [1989] AC 66 or otherwise he must, unless the Court otherwise directs, serve upon all other parties and the Court copies of any such extract together with a brief summary of the argument intended to be based upon such extract. No other report of Parliamentary proceedings may be cited.

(II.20.2) Unless the Court otherwise directs, service of the extract and summary of the argument shall be effected not less than 5 clear working days before the first day of the hearing, whether or not it has a fixed date. Advocates must keep themselves informed as to the state of the lists where no fixed date has been given. Service on the Court shall be effected by sending three copies to the Registrar of Criminal Appeals, Room C212, Royal Courts of Justice, Strand, London WC2A 2LL. If any party fails to do so the Court may make such order (relating to costs or otherwise) as is in all the circumstances appropriate.

(III.22.1) If a defendant in a court in England asks to give or call evidence in the Welsh language the case should not be transferred to Wales. In ordinary circumstances interpreters can be provided on request.

(III.23.1) The purpose of this direction is to reflect the principle of the Welsh Language Act 1993 that in the administration of justice in Wales the English and Welsh languages should be treated on a basis of equality.

(III.24.1) Where the prosecution proposes to tender written statements in evidence either under sections 5A and 5B of the Magistrates' Courts Act 1980 or section 9 of the Criminal Justice Act 1967 it will frequently be not only proper, but also necessary for the orderly presentation of the evidence, for certain statements to be edited. This will occur either because a witness has made more than one statement whose contents should conveniently be reduced into a single, comprehensive statement or where a statement contains inadmissible, prejudicial or irrelevant material. Editing of statements should in all circumstances be done by a Crown Prosecutor (or by a legal representative, if any, of the prosecutor if the case is not being conducted by the Crown Prosecution Service) and not by a police officer.