The Criminal Procedure (Amendment) Rules 2024
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Change 1
5 Amendments to the Criminal Procedure Rules
In Part 5 (Forms and court records), in rule 5.4 (Duty to make records)— (a) after paragraph (3) insert— (4) Where a court record appears to the court officer to be incorrect the officer must correct it if— (a) the parties agree on the terms of the correction; or (b) the court so directs. (5) Where a court (“the receiving court”), or a party to the proceedings before that court, questions the accuracy of a record of a decision by a court (“the transferring court”) which sent a case for trial, committed, remitted or transferred a case for sentence or other determination, or from which an appeal has been brought to the receiving court— (a) the court officer for the transferring court must review that record; (b) if that record appears to be correct then the court officer for the transferring court must so inform the receiving court as soon as practicable, explaining that conclusion; and (c) if that record appears to be incorrect then the court officer must correct it. ; and (b) at the end of the note to the rule insert— Where a court record accurately records a court’s decision but a party (a) wants the court to change that decision, or (b) questions the court’s power to make that decision, see rules 28.4 (Variation of sentence) and 44.3 (Reopening a case in a magistrates’ court; Setting aside a conviction or varying a costs, etc. order). .
5 Amendments to the Criminal Procedure Rules
In Part 5 (Forms and court records), in rule 5.4 (Duty to make records)— (a) after paragraph (3) insert— (4) Where a court record appears to the court officer to be incorrect the officer must correct it if— (a) the parties agree on the terms of the correction; or (b) the court so directs. (5) Where a court (“the receiving court”), or a party to the proceedings before that court, questions the accuracy of a record of a decision by a court (“the transferring court”) which sent a case for trial, committed, remitted or transferred a case for sentence or other determination, or from which an appeal has been brought to the receiving court— (a) the court officer for the transferring court must review that record; (b) if that record appears to be correct then the court officer for the transferring court must so inform the receiving court as soon as practicable, explaining that conclusion; and (c) if that record appears to be incorrect then the court officer must correct it. ; and (b) at the end of the note to the rule insert— Where a court record accurately records a court’s decision but a party (a) wants the court to change that decision, or (b) questions the court’s power to make that decision, see rules 28.4 (Variation of sentence) and 44.3 (Reopening a case in a magistrates’ court; Setting aside a conviction or varying a costs, etc. order). .
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