Part 2 Understanding and applying the Rules

Contents of this Part
Title	Number
When the Rules apply	Rule 2.1
Definitions	Rule 2.2
References to Acts of Parliament and to Statutory Instruments	Rule 2.3
The glossary	Rule 2.4
Representatives	Rule 2.5

When the Rules apply

2.1

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

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

(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 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 –

(a) the amendments made to them by The Criminal Procedure (Amendment No. 3) Rules 2007 had not been made; and

(b) references to the Director of the Assets Recovery Agency or to that Agency were references to the Serious Organised Crime Agency.

(9) The rules in Part 50 apply in cases in which the defendant is charged on or after 7th 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 7th 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 6th October 2008 –

(a) a prosecutor serves an information on the court officer or presents it to a magistrates’ court;

(b) a public prosecutor issues a written charge; or

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 6th October 2008. In other cases the rules replaced by those rules apply.

[Note. The rules replaced by the first Criminal Procedure Rules (The Criminal Procedure Rules 2005) were revoked when those Rules came into force by provisions of the Courts Act 2003, The Courts Act 2003 (Consequential Amendments) Order 2004¹ and The Courts Act 2003 (Commencement No. 6 and Savings) Order 2004². The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.]

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’ 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;

“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.

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 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

2.4

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

Representatives

2.5

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

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

(i) who is under 18, or

(ii) whose understanding of what the case involves is limited.

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

(a) serve on the magistrates’ court officer, or present to a magistrates’ court, an information under section 1 of the Magistrates’ Courts Act 1980⁶; or

(b) issue a written charge and requisition under section 29 of the Criminal Justice Act 2003⁷.

[Note. See also section 122 of the Magistrates’ Courts Act 1980⁸. A party’s legal representative must be entitled to act as such under section 27 or 28 of the Courts and Legal Services Act 1990⁹.

Section 33(6) of the Criminal Justice Act 1925¹⁰, section 46 of the Magistrates’ Courts Act 1980¹¹ and Schedule 3 to that Act¹² provide for the representation of a corporation.

Part 7 contains rules about starting a prosecution.]

Footnotes

1. S.I. 2004/2035

2. S.I. 2004/2066

3. 1996 c. 25; section 7A was inserted by section 37 of the Criminal Justice Act 2003 (c. 44)

4. 1996 c. 25

5. SI 1997/684

6. 1980 c. 43; section 1 was amended by section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53), sections 43 and 109 of, and Schedule 10 to, the Courts Act 2003 (c. 39) and sections 31 and 332 of, and Schedule 7 to, the Criminal Justice Act 2003 (c. 44). It is to be amended by section 331 of, and paragraphs 7 and 8 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).

7. 2003 c. 44; section 29 was amended by section 50(6) of, and paragraph 130 of Schedule 4 to, the Commissioners for Revenue and Customs Act 2005 (c. 11) and section 59 of, and paragraph 196 of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c. 15).

8. 1980 c. 43; section 122 was amended by section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 (c. 41).

9. 1990 c. 41; section 27 was amended by sections 42, 43 and 106 of, and paragraphs 4 and 6 of Schedule 6 and Part II of Schedule 15 to, the Access to Justice Act 1999 (c. 22) and article 9 of, and paragraph 8(1) of Schedule 2 to, the Secretary of State for Constitutional Affairs Order 2003 (SI 2003/1887). Section 28 was amended by sections 40, 42, 43 and 106 of, and paragraphs 4 and 7 of Schedule 6 and Part II of Schedule 15 to, the Access to Justice Act 1999 (c. 22). Sections 27 and 28 are to be repealed by sections 208 and 210 of, and paragraphs 83 and 84 of Schedule 21 and Schedule 23 to, the Legal Services Act 2007 (c. 29), from a date to be appointed.

10. 1925 c. 86

11. 1980 c. 43

12. 1980 c. 43; Schedule 3 was amended, in relation to proceedings begun on or after 1 April 1997, by section 47 of, and paragraph 13 of Schedule 1 to, the Criminal Procedure and Investigations Act 1996 (c. 25) and, generally, by sections 25(2) and 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991 (c. 53). It is to be amended by section 41 of, and paragraph 51 of Schedule 3 to, and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44).