Part 2 - Understanding and applying the Rules

(1) In general, the Criminal Procedure Rules apply –

(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 4 ^th April, 2005, but do not affect any right or duty existing under the rules of court revoked by the coming into force of these Rules.

(4) The rules in Part 33 apply in all cases in which the defendant is charged on or after 6^th November 2006 and in other cases if the court so orders.

(5) The rules in Part 14 apply in cases in which one of the events listed in sub-paragraphs (a) to (d) of rule 14.1(1) takes place on or after 2^nd April 2007. In other cases the rules of court replaced by those rules apply.

(6) The rules in Part 28 apply in cases in which an application under rule 28.3 is made on or after 2^nd April 2007. In other cases the rules replaced by those rules apply.

(7) The rules in Parts 65, 66, 67, 68, 69 and 70 apply where an appeal, application or reference, to which one of those Parts applies, is made on or after 1^st October 2007. In other cases the rules replaced by those rules apply.

(8) The rules in Parts 57 – 62 apply in proceedings to which one of those Parts applies that begin on or after 1^st April 2008. In such proceedings beginning before that date the rules in those Parts apply as if –

(9) The rules in Part 50 apply in cases in which the defendant is charged on or after 7^th April 2008 and in other cases if the court so orders. Otherwise, the rules replaced by those rules apply.

(10) The rules in Part 74 apply where an appeal, application or reference, to which Part 74 applies, is made on or after 7^th April 2008. In other cases the rules replaced by those rules apply.

(11) The rules in Part 7 apply in cases in which on or after 6^th October 2008 –

In other cases the rules replaced by those rules apply.

(12) The rules in Part 63 apply in cases in which the decision that is the subject of the appeal, or reference, to which that Part applies is made on or after 6^th October 2008. In other cases the rules replaced by those rules apply.

(13) The rules in Part 21 apply unless the court otherwise directs under rule 21.1(2). If it does so, the rules replaced by those rules apply.

(14) The rules in Part 37 apply in cases in which on or after 6^th April 2009 –

In other cases, the rules in Parts 37 and 38 apply as if The Criminal Procedure (Amendment No. 2) Rules 2008 had not been made.

(15) The rules in Part 44 apply in cases in which an application to which that Part applies is made on or after 6^th April 2009. In other cases, the rules in Parts 38 and 44 apply as if The Criminal Procedure (Amendment No. 2) Rules 2008 had not been made.

(16) The rules in Part 6 apply in cases in which an application to which that Part applies is made on or after 5^th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Part 62 (Proceeds of Crime Act 2002 - rules applicable to investigations) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

(17) The rules in Part 22 apply in cases in which a step or an application to which that Part applies is taken or made on or after 5^th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Parts 25 (Applications for public interest immunity and specific disclosure) and 26 (Confidential material) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

(18) The rules in Part 62 apply in cases in which an application to which that Part applies is made on or after 5^th October, 2009, and in other cases if the court so orders. Otherwise, the rules replaced by those rules apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

(19) The rules in Part 76 apply in cases in which the court makes an order about costs on or after 5^th October, 2009, and in other cases if the court so orders. Otherwise, the rules in Part 78 (Costs orders against the parties) apply as if The Criminal Procedure (Amendment) Rules 2009 had not been made.

(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’ Courts), 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

“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 1996³.

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

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 1996⁴ that Act is called “the 1996 Act”; and after a reference to the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997⁵ those Regulations are called “the 1997 Regulations”.

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

(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 –

(2) Anyone with a prosecutor’s authority to do so may, on that prosecutor’s behalf –