Change 1 Article Choose an article Title and introductory text 1.1 The overriding objective 1.2 The duty of the participants in a criminal case 1.3 The application by the court of the overriding objective 2.1 When the Rules apply 2.2 Definitions 2.3 References to legislation, including these Rules 2.4 Exercise of court’s functions by authorised court officers: general rules 2.5 Exercise of functions of the Court of Appeal 2.6 Exercise of functions of the High Court 2.7 Exercise of functions of the Crown Court 2.8 Exercise of functions of a magistrates’ court 2.9 Exercise of functions of a District Judge (Magistrates’ Courts) in extradition cases 2.10 Court’s power to extend time under rule 2.6 or rule 2.7 2.11 Taking of statutory declarations by court officers 2.12 Duties of justices’ legal adviser 3.1 When this Part applies 3.2 The duty of the court 3.3 The duty of the parties 3.4 Case progression officers and their duties 3.5 The court’s case management powers 3.6 Application to vary a direction 3.7 Agreement to vary a time limit fixed by a direction 3.8 Case preparation and progression 3.9 Ground rules hearing 3.10 Directions for commissioning medical reports, other than for sentencing purposes 3.11 Hearing to inform the court of sensitive material 3.12 Readiness for trial or appeal 3.13 Conduct of a trial or an appeal 3.14 Duty of court officer 3.15 Court’s power to vary requirements under this Part 3.16 Pre-trial hearings in a magistrates’ court: general rules 3.17 Place of magistrates’ court trial 3.18 Use of Welsh language at magistrates’ court trial 3.19 Service of prosecution evidence 3.20 Application to dismiss offence sent for Crown Court trial 3.21 Pre-trial hearings in the Crown Court: general rules 3.22 Preparatory hearing 3.23 Application for preparatory hearing 3.24 Application for non-jury trial containing information withheld from a defendant 3.25 Representations in response to application for preparatory hearing 3.26 Commencement of preparatory hearing 3.27 Defence trial advocate 3.28 Application to stay case for abuse of process 3.29 Application for joint or separate trials, etc. 3.30 Order for joint or separate trials, or amendment of the indictment 3.31 Application for indication of sentence 3.32 Arraigning the defendant 3.33 Place of Crown Court trial 3.34 Use of Welsh language at Crown Court trial 3.35 Live link direction: exercise of court’s powers 3.36 Content of application for a live link direction 3.37 Application to vary or rescind a live link direction 3.38 Application containing information withheld from another party 3.39 Representations in response 4.1 When this Part applies 4.2 Methods of service 4.3 Service by handing over a document 4.4 Service by leaving or posting a document 4.5 Service by document exchange 4.6 Service by electronic means 4.7 Documents that must be served by specified methods 4.8 Service by person in custody 4.9 Service by another method 4.10 Documents that may not be served on a legal representative 4.11 Date of service 4.12 Proof of service 4.13 Court’s power to give directions about service 5.1 Applications, etc. by forms or electronic means 5.2 Forms in Welsh 5.3 Signature of forms 5.4 Duty to make records 5.5 Recording and transcription of proceedings in the Crown Court 5.6 Custody of case materials 5.7 The open justice principle 5.8 Request for information about a case 5.9 Request for information by a party or person directly affected by a case 5.10 Request or application determined by the court 5.11 Publication of information about court hearings, etc. 5.12 Request for certificate, extract or information under other legislation 6.1 When this Part applies 6.2 Exercise of court’s powers to which this Part applies 6.3 Court’s power to vary requirements under this Part 6.4 Reporting and access restrictions 6.5 Varying or removing restrictions 6.6 Trial in private 6.7 Representations in response 6.8 Order about restriction or trial in private 6.9 Sound recording and electronic communication 6.10 Forfeiture of unauthorised sound recording 7.1 When this Part applies 7.2 Application for summons, etc. 7.3 Allegation of offence 7.4 Summons, warrant and requisition 7.5 Notice of defendant in custody 7.6 Arrangements for court to receive defendant in custody 8.1 When this Part applies 8.2 Providing initial details of the prosecution case 8.3 Content of initial details 8.4 Use of initial details 9.1 When this Part applies 9.2 Exercise of magistrates’ court’s powers 9.3 Matters to be specified on sending for trial 9.4 Duty of justices’ legal adviser 9.5 Duty of magistrates’ court officer 9.6 Prosecutor’s notice requiring Crown Court trial 9.7 Sending for Crown Court trial 9.8 Adult defendant: request for plea 9.9 Adult defendant: guilty plea 9.10 Adult defendant: not guilty plea 9.11 Adult defendant: allocation for magistrates’ court trial 9.12 Adult defendant: prosecutor’s application for Crown Court trial 9.13 Young defendant 9.14 Allocation and sending for Crown Court trial 9.15 Committal for sentence for offence related to an offence sent for trial 9.16 Sending back or referring case for magistrates’ court trial 10.1 When this Part applies 10.2 The indictment: general rules 10.3 Draft indictment generated electronically on sending for trial 10.4 Draft indictment served by the prosecutor after sending for trial 10.5 Draft indictment served by the prosecutor with a High Court judge’s permission 10.6 Draft indictment approved with deferred prosecution agreement 10.7 Draft indictment served by the prosecutor on re-instituting proceedings 10.8 Draft indictment served by the prosecutor at the direction of the Court of Appeal 10.9 Application to a High Court judge for permission to serve a draft indictment 11.1 When this Part applies 11.2 Exercise of court’s powers 11.3 Application to approve a proposal to enter an agreement 11.4 Application to approve the terms of an agreement 11.5 Application on breach of agreement 11.6 Application to approve a variation of the terms of an agreement 11.7 Application to lift suspension of prosecution 11.8 Notice to discontinue prosecution 11.9 Application to postpone the publication of information by the prosecutor 11.10 Duty of court officer, etc. 11.11 Court’s power to vary requirements under this Part 12.1 When this Part applies 12.2 Discontinuing a case 12.3 Defendant’s notice to continue 13.1 When this Part applies 13.2 Terms of a warrant for arrest 13.3 Terms of a warrant for detention or imprisonment 13.4 Information to be included in a warrant 13.5 Execution of a warrant 13.6 Warrants that cease to have effect on payment 13.7 Warrant issued when the court office is closed 14.1 When this Part applies 14.2 Exercise of court’s powers: general 14.3 Duty of justices’ legal adviser 14.4 General duties of court officer 14.5 Prosecutor’s representations about bail 14.6 Reconsideration of police bail by magistrates’ court 14.7 Notice of application to consider bail 14.8 Defendant’s application or appeal to the Crown Court after magistrates’ court bail decision 14.9 Prosecutor’s appeal against grant of bail 14.10 Consideration of bail in a murder case 14.11 Condition of residence 14.12 Electronic monitoring requirements 14.13 Accommodation or support requirements 14.14 Requirement for a surety or payment, etc. 14.15 Forfeiture of a recognizance given by a surety 14.16 Notice of arrest for breach of bail 14.17 Arrangements for court to receive defendant arrested for breach of bail 14.18 Exercise of court’s powers: extension of pre-charge bail 14.19 Application to authorise extension of pre-charge bail 14.20 Application to withhold information from the defendant 14.21 Application to extend a custody time limit 14.22 Appeal against custody time limit decision 15.1 When this Part applies 15.2 Prosecution disclosure and disclosure management 15.3 Prosecutor’s application for public interest ruling 15.4 Defence disclosure 15.5 Defendant’s application for prosecution disclosure 15.6 Review of public interest ruling 15.7 Defendant’s application to use disclosed material 15.8 Unauthorised use of disclosed material 15.9 Court’s power to vary requirements under this Part 16.1 When this Part applies 16.2 Content of written witness statement 16.3 Reference to exhibit 16.4 Written witness statement in evidence 17.1 When this Part applies 17.2 Issue etc. of summons, warrant or order 17.3 Application for summons, warrant or order: general rules 17.4 Written application: form and service 17.5 Application for summons to produce a document, etc.: special rules 17.6 Application for summons to produce a document, etc.: court’s assessment of relevance and confidentiality 17.7 Application to withdraw a summons, warrant or order 17.8 Taking a deposition in a magistrates’ court 17.9 Court’s power to vary requirements under this Part 18.1 When this Part applies 18.2 Meaning of ‘witness’ and ‘live link’ 18.3 Meaning of ‘intermediary’ and ‘intermediary’s report’ 18.4 Making an application for a direction or order 18.5 Decisions and reasons 18.6 Court’s power to vary requirements under this Part 18.7 Custody of documents 18.8 Exercise of court’s powers 18.9 Special measures direction without application 18.10 Content of application for a special measures direction 18.11 Application to vary or discharge a special measures direction 18.12 Application containing information withheld from another party 18.13 Representations in response 18.14 Exercise of court’s powers 18.15 Content and conduct of application for a witness anonymity order 18.16 Duty of court officer to notify the Director of Public Prosecutions 18.17 Application to vary or discharge a witness anonymity order 18.18 Representations in response 18.19 Appointment of intermediary to facilitate a defendant’s participation 18.20 Application to vary or discharge the appointment of an intermediary for a defendant 18.21 Representations in response to application or proposal 18.22 Intermediary’s duty to the court 18.23 Declaration by intermediary 18.24 Content of intermediary’s report 19.1 When this Part applies 19.2 Expert’s duty to the court 19.3 Introduction of expert evidence 19.4 Content of expert’s report 19.5 Expert to be informed of service of report 19.6 Pre-hearing discussion of expert evidence 19.7 Court’s power to direct that evidence is to be given by a single joint expert 19.8 Instructions to a single joint expert 19.9 Application to withhold information from another party 19.10 Court’s power to vary requirements under this Part 20.1 When this Part applies 20.2 Notice to introduce hearsay evidence 20.3 Opposing the introduction of hearsay evidence 20.4 Unopposed hearsay evidence 20.5 Court’s power to vary requirements under this Part 21.1 When this Part applies 21.2 Content of application or notice 21.3 Application to introduce evidence of a non-defendant’s bad character 21.4 Notice to introduce evidence of a defendant’s bad character 21.5 Reasons for decisions 21.6 Court’s power to vary requirements under this Part 22.1 When this Part applies 22.2 Exercise of court’s powers 22.3 Decisions and reasons 22.4 Application for permission to introduce evidence or cross-examine 22.5 Application containing information withheld from another party 22.6 Representations in response 22.7 Special measures, etc. for a witness 22.8 Court’s power to vary requirements under this Part 23.1 When this Part applies 23.2 Appointment of advocate to cross-examine witness 23.3 Exercise of court’s powers 23.4 Application to prohibit cross-examination 23.5 Application to discharge prohibition imposed by the court 23.6 Application containing information withheld from another party 23.7 Representations in response 23.8 Court’s power to vary requirements 24.1 When this Part applies 24.2 General rules 24.3 Procedure on plea of not guilty 24.4 Evidence of a witness in person 24.5 Evidence of a witness in writing 24.6 Evidence by admission 24.7 Procedure on plea of guilty 24.8 Written guilty plea: special rules 24.9 Single justice procedure: special rules 24.10 Application to withdraw a guilty plea 24.11 Procedure if the court convicts 24.12 Procedure where a party is absent 24.13 Provision of documents for the court 24.14 Duty of justices’ legal adviser 24.15 Duty of court officer and custodian 25.1 When this Part applies 25.2 General powers and requirements 25.3 Application for ruling on procedure, evidence or other question of law 25.4 Procedure on plea of guilty 25.5 Application to vacate a guilty plea 25.6 Selecting the jury 25.7 Discharging jurors 25.8 Objecting to jurors 25.9 Procedure on plea of not guilty 25.10 Defendant unfit to plead 25.11 Evidence of a witness in person 25.12 Evidence of a witness in writing 25.13 Evidence by admission 25.14 Directions to the jury and taking the verdict 25.15 Conviction or acquittal without a jury 25.16 Procedure if the court convicts 25.17 Provision of documents for the court 25.18 Duty of court officer and custodian 26.1 Appeal against officer’s refusal to excuse or postpone jury service 26.2 Excusal from jury service by court 26.3 Provision of information for jurors 26.4 Assessment of juror’s availability for long trial, etc. 26.5 Surrender of electronic communication devices by jurors 26.6 Interpretation for a deaf juror 27.1 When this Part applies 27.2 Application for certificate 27.3 Application for reporting restriction pending application for order for retrial 27.4 Application for order for retrial 27.5 Respondent’s notice 27.6 Application to Crown Court for summons or warrant 27.7 Application of other rules about procedure in the Court of Appeal 28.1 Reasons for not following usual sentencing requirements 28.2 Notice of requirements of suspended sentence and community, etc. orders 28.3 Notification requirements 28.4 Variation of sentence 28.5 Application to vary or discharge a compensation, etc. order 28.6 Application to remove, revoke or suspend a disqualification or restriction 28.7 Application for a restitution order by the victim of a theft 28.8 Directions for commissioning medical reports for sentencing purposes 28.9 Information to be supplied on committal to custody or admission to hospital or guardianship 28.10 Committal or remission, etc. for sentence 28.11 Assistance to an investigator, etc.: applications under the Sentencing Act 2020 28.12 Assistance to an investigator, etc.: confidential information for the sentencing court 28.13 Sentencing, etc. after committal to the Crown Court 29.1 Representations about obligatory disqualification or endorsement 29.2 Application to remove a disqualification from driving 29.3 Information to be supplied on order for endorsement of driving record, etc. 29.4 Statutory declaration to avoid fine after fixed penalty notice 29.5 Application for declaration about a course or programme certificate decision 29.6 Appeal against recognition of foreign driving disqualification 30.1 When this Part applies 30.2 Exercise of court’s powers; duty of justices’ legal adviser 30.3 Duty to give receipt 30.4 Appeal against decision of fines officer 30.5 Application to reduce a fine, vary payment terms or remit a courts charge 30.6 Claim to avoid fine after penalty notice 30.7 Information to be included in a warrant of control 30.8 Warrant of control: application by enforcement agent for extension of time, etc. 30.9 Warrant of control: application to resolve dispute 31.1 When this Part applies 31.2 Behaviour orders and bind overs: general rules 31.3 Application for behaviour order and notice of terms of proposed order: special rules 31.4 Evidence to assist the court: special rules 31.5 Application to vary, renew, discharge or revoke behaviour order 31.6 Notice of hearsay evidence 31.7 Cross-examination of maker of hearsay statement 31.8 Credibility and consistency of maker of hearsay statement 31.9 Notice to supervisor of requirement for supervision or monitoring 31.10 Bind over: exercise of court’s powers 31.11 Bind over: refusal or breach 31.12 Court’s power to vary requirements under this Part 32.1 When this Part applies 32.2 Application by responsible officer or supervisor 32.3 Application by defendant or person affected 32.4 Procedure on application by responsible officer or supervisor 33.1 Interpretation 33.2 Application for registration of Scottish or Northern Ireland order 33.3 Application to vary or set aside registration 33.4 Register of orders 33.5 Statements of truth 33.6 Use of witness statements for other purposes 33.7 Service of documents 33.8 Service outside the jurisdiction 33.9 Certificates of service 33.10 External requests and orders 33.11 Confiscation proceedings 33.12 Application for compliance order 33.13 Application for reconsideration 33.14 Application for new calculation of available amount 33.15 Variation of confiscation order due to inadequacy of available amount 33.16 Application by magistrates’ court officer to discharge confiscation order 33.17 Application for variation of confiscation order made against an absconder 33.18 Application for discharge of confiscation order made against an absconder 33.19 Application for increase in term of imprisonment in default 33.20 Compensation – general 33.21 Compensation – confiscation order made against absconder 33.22 Payment of money held or detained in satisfaction of confiscation order 33.23 Application to realise seized property or to realise or destroy cryptoassets 33.24 Appeal about decision on application to realise seized property or to realise or destroy cryptoassets 33.25 Application for direction about surplus proceeds 33.26 Application for approval to seize property or to search 33.27 Application to extend detention period 33.28 Application to vary or discharge order for extended detention 33.29 Appeal about property detention decision 33.30 Taking control of goods and forfeiture 33.31 Joining of applications 33.32 Applications to be dealt with in writing 33.33 Business in chambers 33.34 Power of court to control evidence 33.35 Evidence of witnesses 33.36 Witness summons 33.37 Hearsay evidence 33.38 Disclosure and inspection of documents 33.39 Court documents 33.40 Consent orders 33.41 Slips and omissions 33.42 Supply of documents from court records 33.43 Disclosure of documents in criminal proceedings 33.44 Preparation of documents 33.45 Application for restraint order or ancillary order 33.46 Restraint and ancillary orders 33.47 Application for discharge or variation of restraint or ancillary order by a person affected by the order 33.48 Application for variation of restraint or ancillary order by the person who applied for the order 33.49 Application for discharge of restraint or ancillary order by the person who applied for the order 33.50 Application for appointment of a management or an enforcement receiver 33.51 Application for conferral of powers on a management receiver or an enforcement receiver 33.52 Applications for discharge or variation of receivership orders, and applications for other orders 33.53 Sums in the hands of receivers 33.54 Security 33.55 Remuneration 33.56 Accounts 33.57 Non-compliance by receiver 33.58 Statements, etc. relevant to making confiscation orders 33.59 Postponed determinations 33.60 Confiscation orders - revised assessments 33.61 Application to the Crown Court to discharge or vary order to make material available 33.62 Application to the Crown Court for increase in term of imprisonment in default of payment 33.63 Drug trafficking – compensation on acquittal in the Crown Court 33.64 Application to punish for contempt of court 34.1 When this Part applies 34.2 Service of appeal and respondent’s notices 34.3 Form of appeal and respondent’s notices 34.4 Duty of magistrates’ court officer 34.5 Duty of person keeping exhibit 34.6 Reference by the Criminal Cases Review Commission 34.7 Preparation for appeal 34.8 Hearings and decisions 34.9 Abandoning an appeal 34.10 Court’s power to vary requirements under this Part 34.11 Constitution of the Crown Court 35.1 When this Part applies 35.2 Application to state a case 35.3 Preparation of case stated 35.4 Duty of justices’ legal adviser 35.5 Court’s power to vary requirements under this Part 36.1 When this Part applies 36.2 Case management in the Court of Appeal 36.3 Power to vary requirements 36.4 Application for extension of time 36.5 Renewing an application refused by a judge or the Registrar 36.6 Hearings 36.7 Notice of hearings and decisions 36.8 Duty of Crown Court officer 36.9 Duty of person transcribing proceedings in the Crown Court 36.10 Duty of person keeping exhibit 36.11 Registrar’s duty to provide copy documents for appeal or reference 36.12 Declaration of incompatibility with a Convention right 36.13 Abandoning an appeal 36.14 Grounds of appeal and opposition 36.15 Reopening the determination of an appeal 37.1 When this Part applies 37.2 Service of appeal notice 37.3 Form of appeal notice 37.4 Crown Court judge’s permission to appeal 37.5 Respondent’s notice 37.6 Powers of Court of Appeal judge 37.7 Renewing applications 37.8 Right to attend hearing 38.1 When this Part applies 38.2 Decision to appeal 38.3 Service of appeal notice 38.4 Form of appeal notice 38.5 Crown Court judge’s permission to appeal 38.6 Expediting an appeal 38.7 Respondent’s notice 38.8 Public interest ruling 38.9 Powers of Court of Appeal judge 38.10 Renewing applications 38.11 Right to attend hearing 39.1 When this Part applies 39.2 Service of appeal notice 39.3 Form of appeal notice 39.4 Crown Court judge’s certificate that case is fit for appeal 39.5 Reference by Criminal Cases Review Commission 39.6 Respondent’s notice 39.7 Introducing evidence 39.8 Application for bail, or to suspend a disqualification or order, pending appeal or retrial 39.9 Conditions of bail pending appeal or retrial 39.10 Forfeiture of a recognizance given as a condition of bail 39.11 Right to attend hearing 39.12 Power to vary determination of appeal against sentence 39.13 Directions about re-admission to hospital on dismissal of appeal 39.14 Renewal or setting aside of order for retrial 40.1 When this Part applies 40.2 Service of appeal notice 40.3 Form of appeal notice 40.4 Advance notice of appeal against order restricting public access 40.5 Duty of applicant for order restricting public access 40.6 Respondent’s notice on appeal against reporting restriction 40.7 Renewing applications 40.8 Right to introduce evidence 40.9 Right to attend hearing 41.1 When this Part applies 41.2 Service of notice of reference and application for permission 41.3 Form of notice of reference and application for permission 41.4 Respondent’s notice 41.5 Variation or withdrawal of notice of reference or application for permission 41.6 Right to attend hearing 41.7 Anonymity of defendant on reference of point of law 42.1 Extension of time 42.2 Other applications 42.3 Examination of witness by court 42.4 Supply of documentary and other exhibits 42.5 Duty of Crown Court officer 42.6 Hearing by single judge 42.7 Determination by full court 42.8 Notice of determination and renewal of application for permission to appeal 42.9 Record of proceedings and transcripts 42.10 Appeal to the Supreme Court 42.11 Notice of appeal 42.12 Respondent’s notice 42.13 Amendment and abandonment of appeal 42.14 Permission to appeal 42.15 Notice of appeal 42.16 Respondent’s notice 42.17 Amendment and abandonment of appeal 42.18 Stay 42.19 Striking out appeal notices and setting aside or imposing conditions on permission to appeal 42.20 Hearing of appeals 42.21 Reopening the determination of an appeal 43.1 When this Part applies 43.2 Application for permission or reference 43.3 Determination of detention pending appeal, etc. 43.4 Bail pending appeal 44.1 When this Part applies 44.2 Statutory declaration of ignorance of proceedings 44.3 Setting aside a conviction or varying a costs, etc. order 45.1 When this Part applies 45.2 Costs orders: general rules 45.3 Court’s power to vary requirements 45.4 Costs out of central funds 45.5 Costs on conviction and sentence, etc. 45.6 Costs on appeal 45.7 Costs on an application 45.8 Costs resulting from unnecessary or improper act, etc. 45.9 Costs against a legal representative 45.10 Costs against a third party 45.11 Assessment and re-assessment 45.12 Appeal to a costs judge 45.13 Appeal to a High Court judge 45.14 Application for an extension of time 46.1 Functions of representatives and supporters 46.2 Notice of appointment, etc. of legal representative: general rules 46.3 Application to change legal representative (legal aid): general rules 46.4 Application by defendant to change legal representative (legal aid) 46.5 Application by legal representative to withdraw (legal aid) 47.1 When this Part applies 47.2 Meaning of ‘court’, ‘applicant’ and ‘respondent’ 47.3 Documents and recordings held by the court officer 47.4 When this Section applies 47.5 Exercise of court’s powers 47.6 Application for order: general rules 47.7 Application containing information withheld from a respondent or other person 47.8 Application to vary or discharge an order 47.9 Application to punish for contempt of court 47.10 Application for a production order under the Police and Criminal Evidence Act 1984 47.11 Application for an order under the Terrorism Act 2000 or the National Security Act 2023 47.12 Content of application for a production etc. order under the Terrorism Act 2000 or the National Security Act 2023 47.13 Content of application for a disclosure order or information order under the Terrorism Act 2000 or the National Security Act 2023 47.14 Content of application for an explanation order under the Terrorism Act 2000 or the National Security Act 2023 47.15 Content of application for a customer information order under the Terrorism Act 2000 or the National Security Act 2023 47.16 Content of application for an account monitoring order under the Terrorism Act 2000 or the National Security Act 2023 47.17 Application for an order under the Proceeds of Crime Act 2002 47.18 Content of application for a production order under the Proceeds of Crime Act 2002 47.19 Content of application for an order to grant entry under the Proceeds of Crime Act 2002 47.20 Content of application for a disclosure order or information order under the Proceeds of Crime Act 2002 47.21 Content of application for a customer information order under the Proceeds of Crime Act 2002 47.22 Content of application for an account monitoring order under the Proceeds of Crime Act 2002 47.23 Application for a production order under the Extradition Act 2003 47.24 When this Section applies 47.25 Exercise of court’s powers 47.26 Application for warrant: general rules 47.27 Information to be included in a warrant 47.28 Application for warrant under section 8 of the Police and Criminal Evidence Act 1984 47.29 Application for warrant under section 2 of the Criminal Justice Act 1987 47.30 Application for warrant under paragraph 12 of Schedule 1 to the Police and Criminal Evidence Act 1984 47.31 Application for warrant under Schedule 5 to the Terrorism Act 2000 or Schedule 2 to the National Security Act 2023 47.32 Application for warrant under section 352 of the Proceeds of Crime Act 2002 47.33 Application for warrant under section 160 of the Extradition Act 2003 47.34 Application for warrant under any other power 47.35 When this Section applies 47.36 Exercise of court’s powers 47.37 Application for an order under section 1 of the Police (Property) Act 1897 47.38 Application for an order under section 59 of the Criminal Justice and Police Act 2001 47.39 Application containing information withheld from another party 47.40 Representations in response 47.41 Application to punish for contempt of court 47.42 When this Section applies 47.43 Exercise of court’s powers 47.44 Application to extend retention period 47.45 Appeal 47.46 When this Section applies 47.47 Exercise of court’s powers 47.48 Application for an investigation anonymity order 47.49 Application to discharge an investigation anonymity order 47.50 Appeal 47.51 When this Section applies 47.52 Exercise of court’s powers 47.53 Application for approval for authorisation ... 47.54 When this Section applies 47.55 Exercise of court’s powers 47.56 Application for an order for access 47.57 Application containing information withheld from a respondent or other person 47.58 Application to punish for contempt of court 47.59 When this Section applies 47.60 Exercise of court’s powers 47.61 Application for extension of moratorium period 47.62 Application containing information withheld from a respondent 47.63 When this Section applies 47.64 Exercise of court’s powers 47.65 Application for order 47.66 Application to vary or revoke an order 47.67 Application containing information withheld from a respondent or other person 47.68 Application to punish for contempt of court 48.1 When this Part applies 48.2 Exercise of court’s power to deal with contempt of court 48.3 Notice of suspension of imprisonment by Court of Appeal or Crown Court 48.4 Application to discharge an order for imprisonment 48.5 Initial procedure on obstruction, disruption, etc. 48.6 Review after temporary detention 48.7 Postponement of enquiry 48.8 Procedure on enquiry 48.9 Initial procedure on failure to comply with court order, etc. 48.10 Procedure on hearing 48.11 Introduction of written witness statement or other hearsay 48.12 Content of written witness statement 48.13 Content of notice of other hearsay 48.14 Cross-examination of maker of written witness statement or other hearsay 48.15 Credibility and consistency of maker of written witness statement or other hearsay 48.16 Magistrates’ courts’ powers to adjourn, etc. 48.17 Court’s power to vary requirements 49.1 Notice required to accompany process served outside the United Kingdom and translations 49.2 Proof of service outside the United Kingdom 49.3 Supply of copy of notice of request for assistance abroad 49.4 Persons entitled to appear and take part in proceedings before a nominated court, and exclusion of the public 49.5 Record of proceedings to receive evidence before a nominated court 49.6 Interpreter for the purposes of proceedings involving a television or telephone link 49.7 Record of television link hearing before a nominated court 49.8 Record of telephone link hearing before a nominated court 49.9 Overseas record 49.10 Overseas freezing orders 49.11 Overseas forfeiture orders 50.1 When this Part applies 50.2 Special objective in extradition proceedings 50.3 Exercise of magistrates’ court’s powers 50.4 Case management in the magistrates’ court and duty of court officer 50.5 Preliminary hearing after arrest 50.6 Extradition hearing 50.7 Discharge where warrant withdrawn 50.8 Issue of arrest warrant 50.9 Preliminary hearing after arrest 50.10 Issue of provisional arrest warrant 50.11 Preliminary hearing after provisional arrest 50.12 Arrangement of extradition hearing after provisional arrest 50.13 Extradition hearing 50.14 Discharge where extradition request withdrawn 50.15 Introduction of additional evidence 50.16 Defendant’s application to be discharged 50.17 Exercise of the High Court’s powers 50.18 Case management in the High Court 50.19 Service of appeal notice 50.20 Form of appeal notice 50.21 Respondent’s notice 50.22 Renewing an application for permission to appeal, restoring excluded grounds, etc. 50.23 Appeal hearing 50.24 Early termination of appeal: order by consent, etc. 50.25 Application for permission to appeal to the Supreme Court 50.26 Determination of detention pending appeal to the Supreme Court against discharge 50.27 Reopening the determination of an appeal 50.28 Declaration of incompatibility with a Convention right 50.29 Duties of court officers 50.30 Constitution of the High Court 50.31 Payment of High Court fees 50.32 Application for consent to deal with another offence or for consent to further extradition
What to do with it
As published
24.12 Procedure where a party is absent
(1) This rule—
(a) applies where a party is absent; but
(b) does not apply where—
(i) the defendant has served a notice of guilty plea under rule 24.8 (Written guilty plea: special rules), or
(ii) the court tries a case under rule 24.9 (Single justice procedure: special rules).
(2) Where the prosecutor is absent, the court may—
(a) if it has received evidence, deal with the case as if the prosecutor were present; and
(b) in any other case—
(i) enquire into the reasons for the prosecutor’s absence, and
(ii) if satisfied there is no good reason, exercise its power to dismiss the allegation.
(3) Where the defendant is absent the general rule is that the court must proceed as if the defendant were present and had pleaded not guilty (unless a plea already has been taken), but the general rule—
(a) does not apply if the defendant is under 18;
(b) is subject to the court being satisfied that—
(i) any summons or requisition was served on the defendant a reasonable time before the hearing, or
(ii) in a case in which the hearing has been adjourned, the defendant had reasonable notice of where and when it would resume; and
(c) is subject to rule 24.11(10)(a) (restrictions on passing sentence in the defendant’s absence).
(4) Where the defendant is absent, the court—
(a) must exercise its power to issue a warrant for the defendant’s arrest and detention in the terms required by rule 13.3(3) (Terms of a warrant for detention or imprisonment), if it passes a custodial sentence; and
(b) may exercise its power to issue a warrant for the defendant’s arrest in any other case, if it does not apply the general rule in paragraph (3) of this rule about proceeding in the defendant’s absence.
[Note. See sections 11, 15 and 16 of the Magistrates’ Courts Act 1980.
Under section 27 of the 1980 Act, where a magistrates’ court dismisses an allegation of an offence classified as one that can be tried either in a magistrates’ court or in the Crown Court (in other legislation, described as triable either way), that dismissal has the same effect as an acquittal in the Crown Court.
Under section 11 of the 1980 Act, the court may pass a custodial sentence in the defendant’s absence if the case started with the defendant’s arrest and charge (and not with a summons or requisition). Section 11(3A) requires that, in that event, the defendant must be brought before the court before being taken to a prison or other institution to begin serving that sentence: see also rule 13.3. Under section 7(1) of the Bail Act 1976, the court has power to issue a warrant for the arrest of a defendant released on bail who has failed to attend court when due to do so.
Under section 13 of the 1980 Act, the court has power to issue a warrant for the arrest of an absent defendant, instead of proceeding, where—
(1) the case started with—
(a) the defendant’s arrest and charge, or
(b) a summons or requisition, if—
(i) the court is satisfied that that summons or requisition was served on the defendant a reasonable time before the hearing, or
(ii) the defendant was present when the hearing was arranged; and
(2) the offence is punishable with imprisonment; or
(3) the defendant has been convicted and the court considers imposing a disqualification.]
Your wording
Your change, as a redline
24.12 Procedure where a party is absent
(1) This rule—
(a) applies where a party is absent; but
(b) does not apply where—
(i) the defendant has served a notice of guilty plea under rule 24.8 (Written guilty plea: special rules), or
(ii) the court tries a case under rule 24.9 (Single justice procedure: special rules).
(2) Where the prosecutor is absent, the court may—
(a) if it has received evidence, deal with the case as if the prosecutor were present; and
(b) in any other case—
(i) enquire into the reasons for the prosecutor’s absence, and
(ii) if satisfied there is no good reason, exercise its power to dismiss the allegation.
(3) Where the defendant is absent the general rule is that the court must proceed as if the defendant were present and had pleaded not guilty (unless a plea already has been taken), but the general rule—
(a) does not apply if the defendant is under 18;
(b) is subject to the court being satisfied that—
(i) any summons or requisition was served on the defendant a reasonable time before the hearing, or
(ii) in a case in which the hearing has been adjourned, the defendant had reasonable notice of where and when it would resume; and
(c) is subject to rule 24.11(10)(a) (restrictions on passing sentence in the defendant’s absence).
(4) Where the defendant is absent, the court—
(a) must exercise its power to issue a warrant for the defendant’s arrest and detention in the terms required by rule 13.3(3) (Terms of a warrant for detention or imprisonment), if it passes a custodial sentence; and
(b) may exercise its power to issue a warrant for the defendant’s arrest in any other case, if it does not apply the general rule in paragraph (3) of this rule about proceeding in the defendant’s absence.
[Note. See sections 11, 15 and 16 of the Magistrates’ Courts Act 1980.
Under section 27 of the 1980 Act, where a magistrates’ court dismisses an allegation of an offence classified as one that can be tried either in a magistrates’ court or in the Crown Court (in other legislation, described as triable either way), that dismissal has the same effect as an acquittal in the Crown Court.
Under section 11 of the 1980 Act, the court may pass a custodial sentence in the defendant’s absence if the case started with the defendant’s arrest and charge (and not with a summons or requisition). Section 11(3A) requires that, in that event, the defendant must be brought before the court before being taken to a prison or other institution to begin serving that sentence: see also rule 13.3. Under section 7(1) of the Bail Act 1976, the court has power to issue a warrant for the arrest of a defendant released on bail who has failed to attend court when due to do so.
Under section 13 of the 1980 Act, the court has power to issue a warrant for the arrest of an absent defendant, instead of proceeding, where—
(1) the case started with—
(a) the defendant’s arrest and charge, or
(b) a summons or requisition, if—
(i) the court is satisfied that that summons or requisition was served on the defendant a reasonable time before the hearing, or
(ii) the defendant was present when the hearing was arranged; and
(2) the offence is punishable with imprisonment; or
(3) the defendant has been convicted and the court considers imposing a disqualification.]
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.