PART 77 - PROVISIONS IN SUPPORT OF CRIMINAL JUSTICE
Scope of this Part
77.1
This Part contains rules about –
(a) in Section 1, applications for a serious crime prevention order under section 8 of the Serious Crime Act 20071 and related applications under sections 9, 17 and 18 of that Act; and
(b) in Section 2, applications under section 54(3) of the Criminal Procedure and Investigations Act 19962 for an order quashing an acquittal.
I SERIOUS CRIME PREVENTION ORDERS
Application for a SCPO
77.2
An application under section 8 of the 2007 Act for a SCPO must be started in accordance with Part 8 as modified by Practice Direction 77.
Applications by third parties to make representations and applications to vary or discharge a SCPO made by the High Court
77.3
Application to vary or discharge a SCPO made by the Crown Court
77.4
An application under section 17 or 18 of the 2007 Act to vary or discharge a SCPO made by the Crown Court must be started in accordance with Part 8.
Where to make an application
77.5
Applications under this Part must be made to the King's Bench Division of the High Court in one of the courts set out in Practice Direction 77.
II APPLICATION TO QUASH AN ACQUITTAL
Scope and interpretation
77.6
(1) This Section contains rules about applications to quash an acquittal under section 54(3) of the Criminal Procedure and Investigations Act 19963 and applies in relation to acquittals in respect of offences alleged to have been committed on or after 15th April 1997.
(2) An application made under this Section may be made only by the individual or body which acted as prosecutor in the proceedings which led to the acquittal.
(3) In this Section –
(a) ‘the 1996 Act’ means the Criminal Procedure and Investigations Act 1996;
(b) ‘acquitted person’ means a person whose acquittal of an offence is the subject of a certification under section 54(2) of the 1996 Act, and ‘acquittal’ means the acquittal of that person of that offence;
(c) ‘magistrates’ court’ has the same meaning as in section 148 of the Magistrates’ Courts Act 19804; and
(d) ‘record of court proceedings’ means –
(i) where the proceedings took place in the Crown Court, a transcript of the evidence; or
(ii) where the proceedings took place in a magistrates’ court, a transcript of the evidence if there is one and if not a note of the evidence made by the justices’ clerk,
in the proceedings which led to the conviction for the administration of justice offence referred to in section 54(1)(b) of the 1996 Act or, as the case may be, the proceedings which led to the acquittal.
Time limit for making the application
77.7
An application for an order quashing an acquittal under section 54(3) of the 1996 Act must be made no later than 28 days after the issue of the certificate to which section 54(2) of that Act refers.
Where to make the application
77.8
(1) The jurisdiction of the High Court under section 54(3) of the 1996 Act may be exercised by a Divisional Court or a single judge of the High Court.
(2) The application must be made to the Administrative Court which will direct whether the application should be dealt with by a Divisional Court or a single judge of the High Court.
How to make the application
77.9
(1) The application must be made by filing a claim form pursuant to Part 8.
(2) The claimant must file with the claim form –
(a) a witness statement which deals with the conditions in section 55(1), (2) and (4) of the 1996 Act and which exhibits any relevant documents (which may include a copy of any record of court proceedings); and
(b) a copy of the certification under section 54(2) of the 1996 Act.
Notice to defendant (acquitted person)
77.10
(1) Within 7 days of the claim form being issued by the court, the claimant must serve on the defendant (the acquitted person) a copy of the claim form and the documents which accompanied it.
(2) The documents referred to in paragraph (1) must be accompanied by a notice informing the defendant that –
(a) the result of the application may be the making of an order by the High Court quashing the acquittal; and
(3) The claimant must file as soon as practicable after service of the notice on the defendant a certificate of service together with a copy of the notice.
Response to the application
77.11
(1) The defendant must, if wishing to respond to the application, file –
(a) an acknowledgment of service within 14 days of service of the claim form under rule 77.10; and
(2) The defendant must serve the documents in paragraph (1) on the claimant within 7 days of filing them with the court.
(3) Rule 8.5(3) does not apply.
Further evidence
77.12
(1) The claimant may, not later than 10 days after the expiry of the period allowed in rule 77.11(1), apply without notice for permission to file further evidence.
(2) Any order granting permission to file further evidence will specify the period within which that further evidence is to be filed.
(3) The claimant must serve a copy of the further evidence on the defendant within 4 days of filing that further evidence.
(4) Rule 8.5(5) and 8.5(6) do not apply.
Determination of the application to quash an acquittal (general provisions)
77.13
(1) The application to quash an acquittal will be determined without a hearing unless the court, of its own initiative or on the application by a party, orders otherwise.
(2) The determination of the application to quash an acquittal will not be made, and any hearing of the application (if ordered) will not take place, before the expiry of –
(a) 10 days after the expiry of the period allowed under rule 77.11(1); or
(b) 10 days after the expiry of the period allowed by any order made under rule 77.12(2).
(3) The court will serve notice of any order made on the application to quash an acquittal on the parties and where the court before which the acquittal or conviction occurred was –
(a) a magistrates’ court, on the designated officer; or
(b) the Crown Court, on the appropriate officer of the Crown Court sitting at the place where the acquittal or conviction occurred.
Application for a hearing to determine the application to quash an acquittal
77.14
(1) An application for a hearing under rule 77.13(1) must –
(a) be made no later than 7 days after the expiry of the period allowed –
(i) under rule 77.11(1); or
(ii) by any order made under rule 77.12(2); and
(b) state whether a hearing is requested in order for a witness for the other party to attend to be cross-examined(GL) and, if so, the reasons for wishing the witness to attend.
(2) The party applying for a hearing must –
(a) serve a copy of the application notice on the other party within 4 days of filing it with the court; and
(b) file a certificate of service.
(3) The party served with an application for a hearing must file any representations within 5 days of service of the application notice.
(4) Subject to paragraph (5), the court will not determine an application for a hearing unless a certificate of service has been filed pursuant to sub-paragraph (2)(b) and –
(a) representations have been filed under paragraph (3); or
(b) the period for filing representations under paragraph (3) has expired.
Hearing to determine the application to quash an acquittal
77.15
Where a hearing is ordered, the court –
(a) may order a witness to attend to be cross-examined(GL) –
(i) of its own initiative; or
(ii) on a without notice application by a party; and
(b) will serve a notice on all parties setting out –
(i) the date, time and place of the hearing; and
(ii) the details of any witness ordered to attend for cross-examination(GL).
