(1) This rule applies where a party wants to make representations about—
(a) an application under rule 22.4 (Application for permission to introduce evidence or cross-examine); or
(b) a proposed variation or discharge of a decision allowing such an application.
(2) Such a party must—
(a) serve the representations on—
(i) the court officer, and
(ii) each other party; and
(b) do so not more than 10 business days after, as applicable—
(i) service of the application, or
(ii) notice of the proposal to vary or discharge.
(3) Where representations include information that the person making them thinks ought not be revealed to another party, that person must—
(a) omit that information from the representations served on that other party;
(b) mark the information to show that, unless the court otherwise directs, it is only for the court; and
(c) with that information include an explanation of why it has been withheld from that other party.
(4) Representations against an application under rule 22.4 must explain the grounds of objection.
(5) Representations against the variation or discharge of a decision must explain why it should not be varied or discharged.
(1) This rule applies where the court allows an application under rule 22.4 (Application for permission to introduce evidence or cross-examine).
(2) Despite the time limits in rule 18.4 (Making an application for a direction or order)—
(a) a party may apply for a special measures direction or for the variation of an existing special measures direction not more than 10 business days after the court’s decision; and
(b) the court may shorten the time for opposing that application.
(3) Where the court allows the cross-examination of a witness, the court must give directions for the appropriate treatment and questioning of that witness in accordance with rule 3.8(6) and (7) (setting ground rules for the conduct of questioning).
[Note. Special measures to improve the quality of evidence given by certain witnesses may be directed by the court under section 19 of the Youth Justice and Criminal Evidence Act 1999 and varied under section 20. An application for a special measures direction may be made by a party under Part 18 or the court may make a direction on its own initiative. Rule 18.13(2) sets the usual time limit (10 business days) for opposing a special measures application.]
This Part applies where—
(a) a defendant may not cross-examine in person a witness because of section 34 or section 35 of the Youth Justice and Criminal Evidence Act 1999 (Complainants in proceedings for sexual offences; Child complainants and other child witnesses); or
(b) the court can prohibit a defendant from cross-examining in person a witness under section 36 of that Act (Direction prohibiting accused from cross-examining particular witness).
[Note. Under section 34 of the Youth Justice and Criminal Evidence Act 1999, no defendant charged with a sexual offence may cross-examine in person a witness who is the complainant, either—
(a) in connection with that offence; or
(b) in connection with any other offence (of whatever nature) with which that defendant is charged in the proceedings.
Under section 35 of the 1999 Act, no defendant charged with an offence listed in that section may cross-examine in person a protected witness, either—
(a) in connection with that offence; or
(b) in connection with any other offence (of whatever nature) with which that defendant is charged in the proceedings.
A ‘protected witness’ is one who—
(a) either is the complainant or is alleged to have been a witness to the commission of the offence; and
(b) either is a child, within the meaning of section 35, or is due to be cross-examined after giving evidence in chief—
(i) by means of a video recording made when the witness was a child, or
(ii) in any other way when the witness was a child.
Under section 36 of the 1999 Act, where neither section 34 nor section 35 applies the court may give a direction prohibiting the defendant from cross-examining, or further cross-examining, in person a witness, on application by the prosecutor or on the court’s own initiative. See also rules 23.3 to 23.7.]
23.2 Appointment of advocate to cross-examine witness
(1) This rule applies where a defendant may not cross-examine in person a witness in consequence of—
(a) the prohibition imposed by section 34 or section 35 of the Youth Justice and Criminal Evidence Act 1999; or
(b) a prohibition imposed by the court under section 36 of the 1999 Act.
(2) The court must, as soon as practicable, explain in terms the defendant can understand (with help, if necessary)—
(a) the prohibition and its effect;
(b) that if the defendant will not be represented by a lawyer with a right of audience in the court for the purposes of the case then the defendant is entitled to arrange for such a lawyer to cross-examine the witness on his or her behalf;
(c) that the defendant must notify the court officer of the identity of any such lawyer, with details of how to contact that person, by no later than a date set by the court; and
(d) that if the defendant does not want to make such arrangements, or if the defendant gives no such notice by that date, then—
(i) the court must decide whether it is necessary in the interests of justice to appoint such a lawyer to cross-examine the witness in the defendant’s interests, and
(ii) if the court decides that that is necessary, the court will appoint a lawyer chosen by the court who will not be responsible to the defendant.
(3) Having given those explanations, the court must—
(a) ask whether the defendant wants to arrange for a lawyer to cross-examine the witness, and set a date by when the defendant must notify the court officer of the identity of that lawyer if the answer to that question is ‘yes’; and
(b) if the answer to that question is ‘no’, or if by the date set the defendant has given no such notice—
(i) decide whether it is necessary in the interests of justice for the witness to be cross-examined by an advocate appointed to represent the defendant’s interests, and
(ii) if the court decides that that is necessary, give directions for the appointment of such an advocate.
(4) The court may give the explanations and ask the questions required by this rule—
(a) at a hearing, in public or in private; or
(b) without a hearing, by written notice to the defendant.
(5) The court may extend (even after it has expired) the time limit that it sets under paragraph (3)(a)—
(a) on application by the defendant; or
(b) on its own initiative.
(6) Paragraphs (7), (8), (9) and (10) apply where the court appoints an advocate.
(7) The directions that the court gives under paragraph (3)(b)(ii) must provide for the supply to the advocate of a copy of—
(a) all material served by one party on the other, whether before or after the advocate’s appointment, to which applies—
(i) Part 8 (Initial details of the prosecution case),
(ii) in the Crown Court, rule 3.19 (service of prosecution evidence in a case sent for trial),
(iii) Part 16 (Written witness statements),
(iv) Part 19 (Expert evidence),
(v) Part 20 (Hearsay evidence),
(vi) Part 21 (Evidence of bad character), or
(vii) Part 22 (Evidence of a complainant’s previous sexual behaviour);
(b) any material disclosed, given or served, whether before or after the advocate’s appointment, which is—
(i) prosecution material disclosed to the defendant under section 3 (Initial duty of prosecutor to disclose) or section 7A (Continuing duty of prosecutor to disclose) of the Criminal Procedure and Investigations Act 1996,
(ii) a defence statement given by the defendant under section 5 (Compulsory disclosure by accused) or section 6 (Voluntary disclosure by accused) of the 1996 Act,
(iii) a defence witness notice given by the defendant under section 6C of that Act (Notification of intention to call defence witnesses), or
(iv) an application by the defendant under section 8 of that Act (Application by accused for disclosure);
(c) any case management questionnaire prepared for the purposes of the trial or, as the case may be, the appeal; and
(d) all case management directions given by the court for the purposes of the trial or the appeal.
(8) Where the defendant has given a defence statement—
(a) section 8(2) of the Criminal Procedure and Investigations Act 1996 is modified to allow the advocate, as well as the defendant, to apply for an order for prosecution disclosure under that subsection if the advocate has reasonable cause to believe that there is prosecution material concerning the witness which is required by section 7A of the Act to be disclosed to the defendant and has not been; and
(b) rule 15.5 (Defendant’s application for prosecution disclosure) applies to an application by the advocate as it does to an application by the defendant.
(9) Before receiving evidence the court must establish, with the active assistance of the parties and of the advocate, and in the absence of any jury in the Crown Court—
(a) what issues will be the subject of the advocate’s cross-examination; and
(b) whether the court’s permission is required for any proposed question, for example where Part 21 or Part 22 applies.
(10) The appointment terminates at the conclusion of the cross-examination of the witness.
[Note. See section 38 of the Youth Justice and Criminal Evidence Act 1999. Under section 38(8) the references in that section to a ‘legal representative’ are to a representative who is an advocate within the meaning of rule 2.2.
Under section 38(7) of the 1999 Act, where the court appoints an advocate Criminal Procedure Rules may apply with modifications any of the provisions of Part I of the Criminal Procedure and Investigations Act 1996. A summary of the disclosure requirements of the 1996 Act is at the end of Part 15 (Disclosure). Under section 5 of that Act, in the Crown Court the defendant must give a defence statement. Under section 6, in a magistrates’ court the defendant may give such a statement but need not do so. Under section 6C, in the Crown Court and in magistrates’ courts the defendant must give a defence witness notice indicating whether he or she intends to call any witnesses (other than him or herself) and, if so, identifying them. Under section 8 a defendant may apply for prosecution disclosure only if the defendant has given a defence statement.]
(1) The court may decide whether to impose or discharge a prohibition against cross-examination under section 36 of the Youth Justice and Criminal Evidence Act 1999—
(a) at a hearing, in public or in private, or without a hearing; and
(b) in a party’s absence, if that party—
(i) applied for the prohibition or discharge, or
(ii) has had at least 10 business days in which to make representations.
(2) The court must announce, at a hearing in public before the witness gives evidence, the reasons for a decision—
(a) to impose or discharge such a prohibition; or
(b) to refuse to do so.
[Note. See section 37 of the Youth Justice and Criminal Evidence Act 1999.]
(1) This rule applies where under section 36 of the Youth Justice and Criminal Evidence Act 1999 the prosecutor wants the court to prohibit the cross-examination of a witness by a defendant in person.
(2) The prosecutor must—
(a) apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and
(b) serve the application on—
(i) the court officer,
(ii) the defendant who is the subject of the application, and
(iii) any other defendant, unless the court otherwise directs.
(3) The application must—
(a) report any views that the witness has expressed about whether he or she is content to be cross-examined by the defendant in person;
(b) identify—
(i) the nature of the questions likely to be asked, having regard to the issues in the case,
(ii) any relevant behaviour of the defendant at any stage of the case, generally and in relation to the witness,
(iii) any relationship, of any nature, between the witness and the defendant,
(iv) any other defendant in the case who is subject to such a prohibition in respect of the witness, and
(v) any special measures direction made in respect of the witness, or for which an application has been made;
(c) explain why the quality of evidence given by the witness on cross-examination—
(i) is likely to be diminished if no such prohibition is imposed, and
(ii) would be likely to be improved if it were imposed; and
(d) explain why it would not be contrary to the interests of justice to impose the prohibition.
23.5 Application to discharge prohibition imposed by the court
(1) A party who wants the court to discharge a prohibition against cross-examination which the court imposed under section 36 of the Youth Justice and Criminal Evidence Act 1999 must—
(a) apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and
(b) serve the application on—
(i) the court officer, and
(ii) each other party.
(2) The applicant must—
(a) explain what material circumstances have changed since the prohibition was imposed; and
(b) ask for a hearing, if the applicant wants one, and explain why it is needed.
[Note. Under section 37 of the Youth Justice and Criminal Evidence Act 1999, the court can discharge a prohibition against cross-examination which it has imposed—
(a) on application, if there has been a material change of circumstances; or
(b) on its own initiative.]
23.6 Application containing information withheld from another party
(1) This rule applies where—
(a) an applicant serves an application for the court to impose a prohibition against cross-examination, or for the discharge of such a prohibition; and
(b) the application includes information that the applicant thinks ought not be revealed to another party.
(2) The applicant must—
(a) omit that information from the part of the application that is served on that other party;
(b) mark the other part to show that, unless the court otherwise directs, it is only for the court; and
(c) in that other part, explain why the applicant has withheld that information from that other party.
(3) Any hearing of an application to which this rule applies—
(a) must be in private, unless the court otherwise directs; and
(b) if the court so directs, may be, wholly or in part, in the absence of a party from whom information has been withheld.
(4) At any hearing of an application to which this rule applies—
(a) the general rule is that the court must consider, in the following sequence—
(i) representations first by the applicant and then by each other party, in all the parties’ presence, and then
(ii) further representations by the applicant, in the absence of a party from whom information has been withheld; but
(b) the court may direct other arrangements for the hearing.
[Note. See section 37 of the Youth Justice and Criminal Evidence Act 1999.]
(1) This rule applies where a party wants to make representations about—
(a) an application under rule 23.4 for a prohibition against cross-examination;
(b) an application under rule 23.5 for the discharge of such a prohibition; or
(c) a prohibition or discharge that the court proposes on its own initiative.
(2) Such a party must—
(a) serve the representations on—
(i) the court officer, and
(ii) each other party;
(b) do so not more than 10 business days after, as applicable—
(i) service of the application, or
(ii) notice of the prohibition or discharge that the court proposes; and
(c) ask for a hearing, if that party wants one, and explain why it is needed.
(3) Representations against a prohibition must explain in what respect the conditions for imposing it are not met.
(4) Representations against the discharge of a prohibition must explain why it should not be discharged.
(5) Where representations include information that the person making them thinks ought not be revealed to another party, that person must—
(a) omit that information from the representations served on that other party;
(b) mark the information to show that, unless the court otherwise directs, it is only for the court; and
(c) with that information include an explanation of why it has been withheld from that other party.
(1) The court may—
(a) shorten or extend (even after it has expired) a time limit under rule 23.4 (Application to prohibit cross-examination), rule 23.5 (Application to discharge prohibition imposed by the court) or rule 23.7 (Representations in response); and
(b) allow an application or representations required by any of those rules to be made in a different form to one issued under the Practice Direction, or to be made orally.
(2) A person who wants an extension of time must—
(a) apply when serving the application or representations for which it is needed; and
(b) explain the delay.
(1) This Part applies in a magistrates’ court where the court tries a case or the defendant pleads guilty.
(2) Where the defendant is under 18, in this Part—
(a) a reference to convicting the defendant includes a reference to finding the defendant guilty of an offence; and
(b) a reference to sentence includes a reference to an order made on a finding of guilt.
[Note. A magistrates’ court’s powers to try an allegation of an offence are contained in section 2 of the Magistrates’ Courts Act 1980. In relation to a defendant under 18, they are contained in sections 45, 46 and 48 of the Children and Young Persons Act 1933.
See also section 18 of the Children and Young Persons Act 1963, section 47 of the Crime and Disorder Act 1998 and section 27 of the Sentencing Act 2020.
The exercise of the court’s powers is affected by—
(a) the classification of the offence (and the general rule, subject to exceptions, is that a magistrates’ court must try—
(i) an offence classified as one that can be tried only in a magistrates’ court (in other legislation, described as triable only summarily), and
(ii) 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 has been allocated for trial in a magistrates’ court); and
(b) the defendant’s age (and the general rule, subject to exceptions, is that an allegation of an offence against a defendant under 18 must be tried in a magistrates’ court sitting as a youth court, irrespective of the classification of the offence and without allocation for trial there).
Under sections 10, 14, 27A, 121 and 148 of the Magistrates’ Courts Act 1980 and the Justices of the Peace Rules 2016, the court—
(a) must comprise at least two but not more than three justices, or a District Judge (Magistrates’ Courts) (but a single member can adjourn the hearing);
(b) must not include any member who adjudicated at a hearing to which rule 44.2 applies (defendant’s declaration of no knowledge of hearing);
(c) when reaching a verdict, must not include any member who was absent from any part of the hearing;
(d) when passing sentence, need not include any of the members who reached the verdict (but may do so).
Under section 16A of the Magistrates’ Courts Act 1980, the court may comprise a single justice where—
(a) the offence charged is a summary offence not punishable with imprisonment;
(b) the defendant was at least 18 years old when charged or is a corporation;
(c) the court is satisfied that specified documents giving notice of the procedure under that section and containing other specified information have been served on the defendant; and
(d) the defendant has not served notice of an intention to plead not guilty, or of a desire not to be tried in accordance with that section.
Under section 45 of the Children and Young Persons Act 1933 and under the Justices of the Peace Rules 2016, where the court is a youth court comprising justices each member must be authorised to sit as a member of that youth court.
Under section 150 of the Magistrates’ Courts Act 1980, where two or more justices are present one may act on behalf of all.
Section 59 of the Children and Young Persons Act 1933 requires that—
(a) the expressions ‘conviction’ and ‘sentence’ must not be used by a magistrates’ court dealing with a defendant under 18; and
(b) a reference in legislation to a defendant who is convicted, to a conviction, or to a sentence, must be read as including a reference to a defendant who is found guilty of an offence, a finding of guilt, or an order made on a finding of guilt, respectively.
Under section 14 of the Magistrates’ Courts Act 1980, proceedings which begin with a summons or requisition will become void if the defendant, at any time during or after the trial, makes a statutory declaration that he or she did not know of them until a date after the trial began. See rule 44.2.
Under section 142 of the Magistrates’ Courts Act 1980—
(a) where a defendant is convicted by a magistrates’ court, the court may order that the case should be heard again by different justices; and
(b) the court may vary or rescind an order which it has made when dealing with a convicted defendant,
if in either case it appears to the court to be in the interests of justice to do so. See rule 44.3.
See also Part 32 (Breach, revocation and amendment of community and other orders). Rule 32.4 (Procedure on application by responsible officer) applies rules in this Part to the procedure with which that rule deals.]
(1) Where this Part applies—
(a) the general rule is that the hearing must be in public; but
(b) the court may exercise any power it has to—
(i) impose reporting restrictions,
(ii) withhold information from the public, or
(iii) order a hearing in private; and
(c) unless the court otherwise directs, only the following may attend a hearing in a youth court—
(i) the parties and their legal representatives,
(ii) a defendant’s parents, guardian or other supporting adult,
(iii) a witness,
(iv) anyone else directly concerned in the case, and
(v) a representative of a news-gathering or reporting organisation.
(2) Before proceeding to trial the court must ensure that it has given—
(a) any direction needed to impose a reporting restriction or to withhold information from the public; and
(b) subject to that, any direction needed to facilitate public observation and reporting.
(3) Unless already done, the justices’ legal adviser or the court must—
(a) read the allegation of the offence to the defendant;
(b) explain, in terms the defendant can understand (with help, if necessary)—
(i) the allegation, and
(ii) what the procedure at the hearing will be;
(c) ask whether the defendant has been advised about the potential effect on sentence of a guilty plea;
(d) ask whether the defendant pleads guilty or not guilty; and
(e) take the defendant’s plea.
(4) The court may adjourn the hearing—
(a) at any stage, to the same or to another magistrates’ court; or
(b) to a youth court, where the court is not itself a youth court and the defendant is under 18.
(5) Paragraphs (1), (2) and (3) of this rule do not apply where the court tries a case under rule 24.9 (Single justice procedure: special rules).
[Note. See sections 10, 16A, 27A, 29 and 121 of the Magistrates’ Courts Act 1980 and sections 46 and 47 of the Children and Young Persons Act 1933.
Where the case has been allocated for trial in a magistrates’ court, part of the procedure under rule 24.2(2) will have taken place.
Part 6 contains rules about reporting, etc. restrictions. For a list of the court’s powers to impose reporting and access restrictions, see the note to rule 6.1.
Under section 34A of the Children and Young Persons Act 1933, the court—
(a) may require the defendant’s parents or guardian to attend court with the defendant, where the defendant is under 18; and
(b) must do so, where the defendant is under 16,
unless satisfied that that would be unreasonable.
Part 7 contains rules about (among other things) the issue of a summons to a parent or guardian.
Part 46 (Representatives) contains rules allowing a parent, guardian or other supporting adult to help a defendant under 18.]
(1) This rule applies—
(a) if the defendant has—
(i) entered a plea of not guilty, or
(ii) not entered a plea; or
(b) if, in either case, it appears to the court that there may be grounds for making a hospital order without convicting the defendant.
(2) If a not guilty plea was taken on a previous occasion, the justices’ legal adviser or the court must ask the defendant to confirm that plea.
(3) In the following sequence—
(a) the prosecutor may summarise the prosecution case, concisely identifying the relevant law, outlining the facts and indicating the matters likely to be in dispute;
(b) to help the members of the court to understand the case and resolve any issue in it, the court may invite the defendant concisely to identify what is in issue;
(c) the prosecutor must introduce the evidence on which the prosecution case relies;
(d) at the conclusion of the prosecution case, on the defendant’s application or on its own initiative, the court—
(i) may acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict, but
(ii) must not do so unless the prosecutor has had an opportunity to make representations;
(e) the justices’ legal adviser or the court must explain, in terms the defendant can understand (with help, if necessary)—
(i) the right to give evidence, and
(ii) the potential effect of not doing so at all, or of refusing to answer a question while doing so;
(f) the defendant may introduce evidence;
(g) a party may introduce further evidence if it is then admissible (for example, because it is in rebuttal of evidence already introduced);
(h) the prosecutor may make final representations in support of the prosecution case, where—
(i) the defendant is represented by a legal representative, or
(ii) whether represented or not, the defendant has introduced evidence other than his or her own; and
(i) the defendant may make final representations in support of the defence case.
(4) Where a party wants to introduce evidence or make representations after that party’s opportunity to do so under paragraph (3), the court—
(a) may refuse to receive any such evidence or representations; and
(b) must not receive any such evidence or representations after it has announced its verdict.
(5) If the court—
(a) convicts the defendant; or
(b) makes a hospital order instead of doing so,
it must give sufficient reasons to explain its decision.
(6) If the court acquits the defendant, it may—
(a) give an explanation of its decision; and
(b) exercise any power it has to make—
(i) a behaviour order, or
(ii) a costs order.
[Note. See section 9 of the Magistrates’ Courts Act 1980.
Under section 37(3) of the Mental Health Act 1983, if the court is satisfied that the defendant did the act or made the omission alleged, then it may make a hospital order without convicting the defendant.
Under section 35 of the Criminal Justice and Public Order Act 1994, the court may draw such inferences as appear proper from a defendant’s failure to give evidence, or refusal without good cause to answer a question while doing so. The procedure set out in rule 24.3(3)(e) is prescribed by that section.
The admissibility of evidence that a party introduces is governed by rules of evidence.
Section 2 of the Criminal Procedure Act 1865 and section 3 of the Criminal Evidence Act 1898 restrict the circumstances in which the prosecutor may make final representations without the court’s permission.
See rule 24.11 for the procedure if the court convicts the defendant.
Part 31 contains rules about behaviour orders.]
(1) This rule applies where a party wants to introduce evidence by calling a witness to give that evidence in person.
(2) Unless the court otherwise directs—
(a) a witness waiting to give evidence must not wait inside the courtroom, unless that witness is—
(i) a party, or
(ii) an expert witness;
(b) a witness who gives evidence in the courtroom must do so from the place provided for that purpose; and
(c) a witness’ address must not be announced unless it is relevant to an issue in the case.
(3) Before the witness gives evidence—
(a) the party who introduces the witness’ evidence must explain how that evidence is admissible, unless it is only evidence of fact within the witness’ direct knowledge; and
(b) the witness must take an oath or affirm, unless other legislation otherwise provides.
(4) In the following sequence—
(a) the party who calls a witness must ask questions in examination-in-chief;
(b) every other party may ask questions in cross-examination; and
(c) the party who called the witness may ask questions in re-examination.
(5) If other legislation so permits, at any time while giving evidence a witness may refer to a record of that witness’ recollection of events.
(6) The justices’ legal adviser or the court may—
(a) ask a witness questions; and in particular
(b) where the defendant is not represented, ask any question necessary in the defendant’s interests.
[Note. Section 53 of the Youth Justice and Criminal Evidence Act 1999 provides that everyone is competent to give evidence in criminal proceedings unless unable to understand questions put or give intelligible answers. See also section 1 of the Criminal Evidence Act 1898.
Part 19 contains rules about the introduction of evidence of expert opinion. Part 20 contains rules about the introduction of hearsay evidence.
Sections 1, 3, 5 and 6 of the Oaths Act 1978 provide for the taking of oaths and the making of affirmations, and for the words that must be used. Section 28 of the Children and Young Persons Act 1963 provides that in a youth court, and where a witness in any court is under 18, an oath must include the words ‘I promise’ in place of the words ‘I swear’. Under sections 55 and 56 of the Youth Justice and Criminal Evidence Act 1999, a person may give evidence without taking an oath, or making an affirmation, where that person (i) is under 14 or (ii) has an insufficient appreciation of the solemnity of the occasion and of the particular responsibility to tell the truth which is involved in taking an oath.
The questions that may be put to a witness—
(a) by a party are governed by rules of evidence, for example—
(i) the rule that a question must be relevant to what is in issue,
(ii) the rule that the party who calls a witness must not ask that witness a leading question about what is in dispute, and
(iii) the rule that a party who calls a witness may contradict that witness only in limited circumstances (see section 3 of the Criminal Procedure Act 1865);
(b) by the justices’ legal adviser or the court are in their discretion, but that is subject to—
(i) rules of evidence, and
(ii) rule 1.3 (the application by the court of the overriding objective).
Under sections 34, 35 and 36 of the Youth Justice and Criminal Evidence Act 1999, a defendant who is not represented may not cross-examine a witness where—
(a) the defendant is charged with a sexual offence against the witness;
(b) the defendant is charged with a sexual offence, or one of certain other offences, and the witness is a child; or
(c) the court prohibits the defendant from cross-examining the witness.
Part 23 contains rules relevant to restrictions on cross-examination.
Under section 139 of the Criminal Justice Act 2003, a witness may refresh his or her memory by referring to a record made before the hearing, either contained in a document made or verified by the witness, or in the transcript of a sound recording, if—
(a) the witness states that it records his or her recollection of events at that earlier time; and
(b) that recollection is likely to have been significantly better when the record was made than at the time of the hearing.
In some circumstances, a witness may give evidence in accordance with special measures directed by the court under section 19 of the Youth Justice and Criminal Evidence Act 1999, or by live link under section 32 of the Criminal Justice Act 1988 or section 51 of the Criminal Justice Act 2003. Part 18 contains relevant rules.]
(1) This rule applies where a party wants to introduce in evidence the written statement of a witness to which applies—
(a) Part 16 (Written witness statements);
(b) Part 19 (Expert evidence); or
(c) Part 20 (Hearsay evidence).
(2) That party must explain how the evidence is admissible unless it is—
(a) evidence of fact within the direct knowledge of the person who made the written statement served under rule 16.4 (Written witness statement in evidence);
(b) contained in an expert’s report served under rule 19.3 (Introduction of expert evidence); or
(c) identified as hearsay in a notice served under rule 20.2 (Notice to introduce hearsay evidence).
(3) If the court admits such evidence—
(a) the court must read the statement; and
(b) unless the court otherwise directs, if any member of the public, including any reporter, is present, each relevant part of the statement must be read or summarised aloud.
[Note. See Parts 16, 19 and 20, and the other legislation to which those Parts apply. The admissibility of evidence that a party introduces is governed by rules of evidence.
A written witness statement to which Part 16 applies may only be introduced in evidence if there has been no objection within the time limit to which rule 16.4 refers.
An expert report to which Part 19 applies may only be introduced in evidence if it has been served in accordance with rule 19.3.
Rule 20.3 provides for opposing the introduction of hearsay evidence, including such evidence in a document.
Where a witness gives evidence in person, a previous written statement by that witness may be admissible as evidence under section 119 (Inconsistent statements) or under section 120 (Other previous statements of witnesses) of the Criminal Justice Act 2003.]
(1) This rule applies where—
(a) a party introduces in evidence a fact admitted by another party; or
(b) parties jointly admit a fact.
(2) Unless the court otherwise directs, a written record must be made of the admission.
[Note. See section 10 of the Criminal Justice Act 1967. The admissibility of evidence that a party introduces is governed by rules of evidence.]
(1) This rule applies if—
(a) the defendant pleads guilty; and
(b) the court is satisfied that the plea represents a clear acknowledgement of guilt.
(2) The court may convict the defendant without receiving evidence.
[Note. See section 9 of the Magistrates’ Courts Act 1980.]
(1) This rule applies where—
(a) the offence alleged—
(i) can be tried only in a magistrates’ court, and
(ii) is not one specified under section 12(1)(a) of the Magistrates’ Courts Act 1980;
(b) the defendant is at least 16 years old;
(c) the prosecutor has served on the defendant—
(i) the summons or requisition,
(ii) the material listed in paragraph (2) on which the prosecutor relies to set out the facts of the offence,
(iii) the material listed in paragraph (3) on which the prosecutor relies to provide the court with information relevant to sentence,
(iv) a notice that the procedure set out in this rule applies, and
(v) a notice for the defendant’s use if the defendant wants to plead guilty without attending court; and
(d) the prosecutor has served on the court officer—
(i) copies of those documents, and
(ii) a certificate of service of those documents on the defendant.
(2) The material that the prosecutor must serve to set out the facts of the offence is—
(a) a summary of the evidence on which the prosecution case is based;
(b) any—
(i) written witness statement to which Part 16 (Written witness statements) applies, or
(ii) document or extract setting out facts; or
(c) any combination of such a summary, statement, document or extract.
(3) The material that the prosecutor must serve to provide information relevant to sentence is—
(a) details of any previous conviction of the defendant which the prosecutor considers relevant, other than any conviction listed in the defendant’s driving record;
(b) if applicable, a notice that the defendant’s driving record will be made available to the court; and
(c) a notice containing or describing any other information about the defendant, relevant to sentence, which will be made available to the court.
(4) A defendant who wants to plead guilty without attending court must, as soon as practicable and in any event no later than the business day before the hearing date—
(a) serve a notice of guilty plea on the court officer; and
(b) include with that notice—
(i) any representations that the defendant wants the court to consider, and
(ii) a statement of the defendant’s assets and other financial circumstances.
(5) A defendant who wants to withdraw such a notice must notify the court officer in writing before the hearing date.
(6) If the defendant does not withdraw the notice before the hearing date, then on or after that date—
(a) to establish the facts of the offence and other information about the defendant relevant to sentence, the court may take account only of—
(i) information contained in a document served by the prosecutor under paragraph (1),
(ii) any previous conviction listed in the defendant’s driving record, where the offence is under the Road Traffic Regulation Act 1984, the Road Traffic Act 1988, the Road Traffic (Consequential Provisions) Act 1988 or the Road Traffic (Driver Licensing and Information Systems) Act 1989,
(iii) any other information about the defendant, relevant to sentence, of which the prosecutor served notice under paragraph (1), and
(iv) any representations and any other information served by the defendant under paragraph (4),
and rule 24.11(3) to (9) inclusive must be read accordingly;
(b) unless the court otherwise directs, the prosecutor need not attend; and
(c) the court may accept such a guilty plea and pass sentence in the defendant’s absence.
(7) With the defendant’s agreement, the court may deal with the case in the same way as under paragraph (6) where the defendant is present and—
(a) has served a notice of guilty plea under paragraph (4); or
(b) pleads guilty there and then.
[Note. The procedure set out in this rule is prescribed by sections 12 and 12A of the Magistrates’ Courts Act 1980. Under section 12(1)(a), the Secretary of State can specify offences to which the procedure will not apply. None has been specified.
Under section 1 of the Magistrates’ Courts Act 1980 a justice of the peace may issue a summons requiring a defendant to attend court to answer an allegation of an offence. Under section 29 of the Criminal Justice Act 2003a prosecutor authorised under that section may issue a written charge alleging an offence and a requisition requiring a defendant to attend court. Part 7 contains relevant rules.
For the court’s power, where this rule applies, to take account of a previous conviction listed in a defendant’s driving record, see section 13(3A) of the Road Traffic Offenders Act 1988.
See also rule 24.11(10)(a) under which the court must adjourn where the defendant is absent before passing a custodial sentence or imposing a disqualification.]
(1) This rule applies where—
(a) the offence alleged—
(i) can be tried only in a magistrates’ court, and
(ii) is not one punishable with imprisonment;
(b) the defendant is at least 18 years old or is a corporation;
(c) the prosecutor has served on the defendant—
(i) a written charge,
(ii) the material listed in paragraph (2) on which the prosecutor relies to set out the facts of the offence,
(iii) the material listed in paragraph (3) on which the prosecutor relies to provide the court with information relevant to sentence,
(iv) a notice that the procedure set out in this rule applies,
(v) a notice explaining the automatic online conviction option, if that will be available to the defendant, including explanations of penalties and liabilities, of where to obtain more details and of how to accept that option,
(vi) a notice for the defendant’s use if the defendant wants to plead guilty and wants to be sentenced by a single justice,
(vii) a notice for the defendant’s use if the defendant wants to plead guilty but wants the case dealt with at a hearing by a court comprising more than one justice, and
(viii) a notice for the defendant’s use if the defendant wants to plead not guilty; and
(d) the prosecutor has served on the court officer—
(i) copies of those documents, and
(ii) a certificate of service of those documents on the defendant.
(2) The material that the prosecutor must serve to set out the facts of the offence is—
(a) a summary of the evidence on which the prosecution case is based;
(b) any—
(i) written witness statement to which Part 16 (Written witness statements) applies, or
(ii) document or extract setting out facts; or
(c) any combination of such a summary, statement, document or extract.
(3) The material that the prosecutor must serve to provide information relevant to sentence is—
(a) details of any previous conviction of the defendant which the prosecutor considers relevant, other than any conviction listed in the defendant’s driving record;
(b) if applicable, a notice that the defendant’s driving record will be made available to the court; and
(c) a notice containing or describing any other information about the defendant, relevant to sentence, which will be made available to the court.
(4) Not more than 15 business days after service on the defendant of the documents listed in paragraph (1)(c)—
(a) a defendant who wants to plead guilty and wants to accept the automatic online conviction option, if that is offered, may do so;
(b) a defendant who wants to plead guilty and wants to be sentenced by a single justice must serve a notice to that effect on the court officer and include with that notice—
(i) any representations that the defendant wants the court to consider, and
(ii) a statement of the defendant’s assets and other financial circumstances;
(c) a defendant who wants to plead guilty but wants the case dealt with at a hearing by a court comprising more than one justice must serve a notice to that effect on the court officer; and
(d) a defendant who wants to plead not guilty must serve a notice to that effect on the court officer.
(5) If within 15 business days of service on the defendant of the documents listed in paragraph (1)(c) the defendant accepts the automatic online conviction option (if that is offered) and does not then withdraw that acceptance within the next 5 business days—
(a) at the end of the fifth business day after acceptance the defendant is convicted of the offence and liable to each penalty and other payment specified for it; and
(b) paragraphs (6) to (11) do not apply.
(6) If within 15 business days of service on the defendant of the documents listed in paragraph (1)(c) the defendant serves a notice to plead guilty and to be sentenced by a single justice under paragraph (4)(b)—
(a) the court officer must arrange for the court to deal with the case in accordance with that notice; and
(b) the time for service of any other notice under paragraph (4) expires at once.
(7) If within 15 business days of service on the defendant of the documents listed in paragraph (1)(c) the defendant wants to withdraw a notice served under paragraph (4)(b) (notice to plead guilty and to be sentenced by a single justice), paragraph (4)(c) (notice to plead guilty at a hearing) or paragraph (4)(d) (notice to plead not guilty), the defendant must either—
(a) accept the automatic online conviction option, if that was offered; or
(b) serve—
(i) notice of that withdrawal on the court officer, and
(ii) any substitute notice under paragraph (4).
(8) Paragraph (9) applies where by the date of trial the defendant has not—
(a) served notice under paragraph (4)(c) or (d) of wanting to plead guilty at a hearing, or wanting to plead not guilty; or
(b) given notice to that effect under section 16B(2) of the Magistrates’ Courts Act 1980 (notice objecting to single justice procedure trial).
(9) Where this paragraph applies—
(a) the court may try the case in the parties’ absence and without a hearing;
(b) the court may accept any guilty plea of which the defendant has given notice under paragraph (4)(b); and
(c) to establish the facts of the offence and other information about the defendant relevant to sentence, the court may take account only of—
(i) information contained in a document served by the prosecutor under paragraph (1),
(ii) any previous conviction listed in the defendant’s driving record, where the offence is under the Road Traffic Regulation Act 1984, the Road Traffic Act 1988, the Road Traffic (Consequential Provisions) Act 1988 or the Road Traffic (Driver Licensing and Information Systems) Act 1989,
(iii) any other information about the defendant, relevant to sentence, of which the prosecutor served notice under paragraph (1), and
(iv) any representations and any other information served by the defendant under paragraph (4)(b)
and rule 24.11(3) to (9) inclusive must be read accordingly.
(10) Paragraph (11) applies where—
(a) the defendant serves on the court officer a notice under paragraph (4)(c) or (d); or
(b) the court which tries the defendant under paragraph (9) adjourns the trial for the defendant to attend a hearing by a court comprising more than one justice.
(11) Where this paragraph applies, the court must exercise its power to issue a summons and—
(a) the rules in Part 7 apply (Starting a prosecution in a magistrates’ court) as if the prosecutor had just served an application for a summons to be issued in the same terms as the written charge;
(b) the rules in Part 8 (Initial details of the prosecution case) apply as if the documents served by the prosecutor under paragraph (1) had been served under that Part; and
(c) except for rule 24.8 (Written guilty plea: special rules) and this rule, the rules in this Part apply.
[Note. The procedure set out in this rule is prescribed by sections 16A to 16L of the Magistrates’ Courts Act 1980 and section 29 of the Criminal Justice Act 2003. Under section 16A of the 1980 Act, the court may comprise a single justice. Under section 29 of the 2003 Act, a prosecutor authorised under that section may issue a written charge alleging an offence and a single justice procedure notice. Part 7 contains relevant rules.
Under section 1 of the Magistrates’ Courts Act 1980 a justice of the peace may issue a summons requiring a defendant to attend court to answer an allegation of an offence. Under sections 16C and 16D of the 1980 Act, a justice may issue a summons requiring a defendant to attend court in the circumstances listed in rule 24.9(10).
Under section 16K(1) of the Magistrates’ Courts Act 1980 the time when a conviction takes effect after the defendant accepts the automatic online conviction option, if that is offered, is to be determined in accordance with Criminal Procedure Rules.
For the court’s power, where this rule applies, to take account of—
(a) information contained or described in a document served by the prosecutor under rule 24.9(1), see section 16F of the Magistrates’ Courts Act 1980;
(b) a previous conviction listed in a defendant’s driving record, see section 13(3A) of the Road Traffic Offenders Act 1988.]
(1) This rule applies where the defendant wants to withdraw a guilty plea.
(2) The defendant must apply to do so—
(a) as soon as practicable after becoming aware of the reasons for doing so; and
(b) before sentence.
(3) Unless the court otherwise directs, the application must be in writing and the defendant must serve it on—
(a) the court officer; and
(b) the prosecutor.
(4) The application must—
(a) explain why it would be unjust not to allow the defendant to withdraw the guilty plea;
(b) identify—
(i) any witness that the defendant wants to call, and
(ii) any other proposed evidence; and
(c) say whether the defendant waives legal professional privilege, giving any relevant name and date.
(1) This rule applies if the court convicts the defendant.
(2) The court—
(a) may exercise its power to require—
(i) a statement of the defendant’s assets and other financial circumstances,
(ii) a pre-sentence report; and
(b) may (and in some circumstances must) remit the defendant to a youth court for sentence where—
(i) the defendant is under 18, and
(ii) the convicting court is not itself a youth court.
(3) The prosecutor must—
(a) summarise the prosecution case, if the sentencing court has not heard evidence;
(b) identify any offence to be taken into consideration in sentencing;
(c) provide information relevant to sentence, including any statement of the effect of the offence on the victim, the victim’s family or others;
(d) where it is likely to assist the court, identify any other matter relevant to sentence, including—
(i) the legislation applicable,
(ii) any sentencing guidelines, or guideline cases,
(iii) aggravating and mitigating features affecting the defendant’s culpability and the harm which the offence caused, was intended to cause or might foreseeably have caused, and
(iv) the effect of such of the information listed in paragraph (2)(a) as the court may need to take into account; and
(e) in a youth court, if the maker of a statement to which paragraph (3)(c) refers wishes to read that statement to the court, apply for a direction to which rule 24.2(1)(c) refers (attendance) and for any other direction that the prosecutor wants—
(i) when, or as soon as practicable after, the court convicts the defendant, and
(ii) as a general rule, no later than 5 business days before the hearing at which sentence is due to be passed.
(4) The defendant must provide details of financial circumstances—
(a) in any form required by the court officer; and
(b) by any date directed by the court or by the court officer.
(5) Where the defendant pleads guilty but wants to be sentenced on a different basis to that disclosed by the prosecution case—
(a) the defendant must set out that basis in writing, identifying what is in dispute;
(b) the court may invite the parties to make representations about whether the dispute is material to sentence; and
(c) if the court decides that it is a material dispute, the court must—
(i) invite such further representations or evidence as it may require, and
(ii) decide the dispute.
(6) Where the court has power to order the endorsement of the defendant’s driving record, or power to order the defendant to be disqualified from driving—
(a) if other legislation so permits, a defendant who wants the court not to exercise that power must introduce the evidence or information on which the defendant relies;
(b) the prosecutor may introduce evidence; and
(c) the parties may make representations about that evidence or information.
(7) Before the court passes sentence—
(a) the court must—
(i) give the defendant an opportunity to make representations and introduce evidence relevant to sentence, and
(ii) where the defendant is under 18, give the defendant’s parents, guardian or other supporting adult, if present, such an opportunity as well; and
(b) the justices’ legal adviser or the court must elicit any further information relevant to sentence that the court may require.
(8) If the court requires more information, it may exercise its power to adjourn the hearing for not more than—
(a) 3 weeks at a time, if the defendant will be in custody; or
(b) 4 weeks at a time.
(9) When the court has taken into account all the evidence, information and any report available, the court must—
(a) subject to paragraph (10), as a general rule, pass sentence there and then;
(b) if of the view that an offence for which it is sentencing the defendant involved domestic abuse, within the meaning of sections 1 and 2 of the Domestic Abuse Act 2021, announce that view;
(c) when passing sentence, explain the reasons for deciding on that sentence, unless neither the defendant nor any member of the public, including any reporter, is present;
(d) when passing sentence, explain to the defendant its effect, the consequences of failing to comply with any order or pay any fine, and any power that the court has to vary or review the sentence, unless—
(i) the defendant is absent, or
(ii) the defendant’s ill-health or disorderly conduct makes such an explanation impracticable;
(e) give any such explanation in terms the defendant, if present, can understand (with help, if necessary); and
(f) consider exercising any power it has to make a costs or other order.
(10) Despite the general rule—
(a) the court must adjourn the hearing if—
(i) the case started with a summons, requisition or single justice procedure notice,
(ii) the defendant is absent, and
(iii) the court considers passing a custodial sentence (where it can do so), or imposing a disqualification (unless it has already adjourned the hearing to give the defendant an opportunity to attend);
(b) the court may defer sentence ...;
(c) the court may, and in some cases must, commit the defendant to the Crown Court for sentence;
(d) if the prosecutor asks the court to commit the defendant to the Crown Court in respect of an offence so that a confiscation order can be considered—
(i) the court must commit the defendant for that purpose, and
(ii) sub-paragraph (e) applies; and
(e) where this sub-paragraph applies—
(i) the court may commit the defendant to the Crown Court to be dealt with there for any other offence of which the defendant has been convicted and with which the magistrates’ court otherwise could deal, and
(ii) if it does so, the court must state whether it would have committed the defendant to the Crown Court for sentence anyway under section 14, 16 or 16A of the Sentencing Act 2020.
[Note. See sections 9, 10 and 11 of the Magistrates’ Courts Act 1980, and sections 31, 52, 56A, 59, 63, 124, 125 and 126 of the Sentencing Act 2020.
Under section 11(3A) of the 1980 Act, a custodial sentence passed in the defendant’s absence does not take effect until the defendant is brought before the court.
Under section 51 of the Criminal Justice Act 2003, the court may require a defendant to attend a sentencing hearing by live link.
Under section 35 of the Sentencing Act 2020, the court may require a defendant who is an individual to provide a statement of assets and other financial circumstances if the defendant—
(a) serves notice of guilty plea, where rule 24.8 (Written guilty plea: special rules) applies; or
(b) is convicted.
Under section 20A of the Criminal Justice Act 1991, it is an offence for a defendant knowingly or recklessly to make a false or incomplete statement of assets or other financial circumstances, or to fail to provide such a statement, in response to a request by a court officer on behalf of the court.
Under section 30 of the Sentencing Act 2020, the general rule (subject to exceptions) is that the court must obtain and consider a pre-sentence report—
(a) where it is considering a custodial sentence or a community sentence;
(b) where it thinks the defendant may pose a significant risk of causing serious harm to the public by further offending.
Under section 32(3) of the Sentencing Act 2020, where the court obtains a written pre-sentence report about a defendant who is under 18, it may direct that information in it must be withheld, if it would be likely to create a risk of significant harm to the defendant.
For the circumstances in which a magistrates’ court may (and, in some cases, must) remit the defendant to a youth court for sentence, see section 25 of the Sentencing Act 2020.
The Sentencing Council may issue sentencing guidelines under section 120 of the Coroners and Justice Act 2009.
For the circumstances in which a court may (and, in some cases, must) order the endorsement of a defendant’s driving record, or the disqualification of a defendant from driving, see sections 34, 35 and 44 of the Road Traffic Offenders Act 1988. Under that legislation, in some circumstances the court has discretion not to make such an order. See also rule 29.1.
The evidence that may be introduced is subject to rules of evidence.
In addition to the specific powers to which this rule applies, the court has a general power to adjourn a trial: see rule 24.2.
Under section 52(4) of the Sentencing Act 2020, Criminal Procedure Rules may prescribe cases in which there do not apply the court’s usual duties to give reasons and explanations. Written notice of the effect of some sentences is required by rule 28.2 (Notice of requirements of suspended sentence or community, etc. order), rule 28.3 (Notification requirements) and rule 30.2 (notice of fine or other financial order).
Under section 3 of the Sentencing Act 2020, if (among other things) the defendant consents, the court may defer sentence for the purpose of allowing it to take account of the defendant’s conduct after conviction, or any change in the defendant’s circumstances. A deferment order may impose requirements as to the defendant’s conduct during the period of deferment. Under section 5 of the 2020 Actthe period of deferment may not be for more than—
(a) 6 months after the date on which the order is made, if the defendant was convicted of the offence, or any of the offences, before 22nd March 2026; and
(b) 12 months after the date on which the order is made, if the defendant was convicted of the offence, or all of the offences, on or after 22nd March 2026.
For the circumstances in which a magistrates’ court may (and, in some cases, must) commit a defendant to the Crown Court for sentence or for the making of other orders beyond a magistrates’ court’s powers, see—
(a) sections 14, 15, 16, 16A, 17, 18, 19 and 20 of the Sentencing Act 2020;
(b) the provisions listed in section 24 of the 2020 Act (including section 70 of the Proceeds of Crime Act 2002); and
(c) paragraph 11 of Schedule 16 to the 2020 Act.
See section 70(5) of the Proceeds of Crime Act 2002 for the court’s power to make the statement to which this rule refers.
See also rules 9.15 (Committal for sentence of offence related to an offence sent for trial) and 28.8 (Sentencing, etc. after committal to the Crown Court). The note to rule 28.8 summarises the statutory provisions that apply.]
(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.]
(1) A party who introduces a document in evidence, or who otherwise uses a document in presenting that party’s case, must provide a copy for—
(a) each other party;
(b) any witness that party wants to refer to that document;
(c) the court; and
(d) the justices’ legal adviser.
(2) Unless the court otherwise directs, on application or on its own initiative, the court officer must provide for the court—
(a) any copy received under paragraph (1) before the hearing begins; and
(b) a copy of the court officer’s record of—
(i) information supplied by each party for the purposes of case management, including any revision of information previously supplied,
(ii) each pre-trial direction for the management of the case,
(iii) any pre-trial decision to admit evidence,
(iv) any pre-trial direction about the giving of evidence, and
(v) any admission to which rule 24.6 applies.
(3) Where rule 24.8 (Written guilty plea: special rules) applies, the court officer must provide for the court—
(a) each document served by the prosecutor under rule 24.8(1)(d);
(b) the defendant’s driving record, where the offence is under the Road Traffic Regulation Act 1984, the Road Traffic Act 1988, the Road Traffic (Consequential Provisions) Act 1988 or the Road Traffic (Driver Licensing and Information Systems) Act 1989;
(c) any other information about the defendant, relevant to sentence, of which the prosecutor served notice under rule 24.8(1); and
(d) the notice of guilty plea and any representations and other information served by the defendant under rule 24.8(4).
(4) Where the court tries a case under rule 24.9 (Single justice procedure: special rules), the court officer must provide for the court—
(a) each document served by the prosecutor under rule 24.9(1)(d);
(b) the defendant’s driving record, where the offence is under the Road Traffic Regulation Act 1984, the Road Traffic Act 1988, the Road Traffic (Consequential Provisions) Act 1988 or the Road Traffic (Driver Licensing and Information Systems) Act 1989;
(c) any other information about the defendant, relevant to sentence, of which the prosecutor served notice under rule 24.9(1); and
(d) any notice, representations and other information served by the defendant under rule 24.9(4)(b).
[Note. A written witness statement to which Part 16 applies may only be introduced in evidence if there has been no objection within the time limit to which rule 16.4 refers.
An expert report to which Part 19 applies may only be introduced in evidence if it has been served in accordance with rule 19.3.
See also rule 20.3 for the procedure where a party objects to the introduction of hearsay evidence, including such evidence in a document, and rules 21.3 and 21.4 for the procedure where a party objects to the introduction of evidence of bad character.
A direction about the giving of evidence may be made on an application to which Part 18 applies (Measures to assist a witness or defendant to give evidence).]
(1) A justices’ legal adviser must attend the court and carry out the duties listed in this rule, as applicable, unless the court—
(a) includes a District Judge (Magistrates’ Courts); and
(b) otherwise directs.
(2) A justices’ legal adviser must—
(a) before the hearing begins, by reference to what is provided for the court under rule 24.13 (Provision of documents for the court) draw the court’s attention to—
(i) what the prosecutor alleges,
(ii) what the parties say is agreed,
(iii) what the parties say is in dispute, and
(iv) what the parties say about how each expects to present the case, especially where that may affect its duration and timetabling; and
(b) assist the court by—
(i) making a note of the substance of any oral evidence or representations, to help the court recall that information, and
(ii) if the court rules inadmissible part of a written statement introduced in evidence, marking that statement in such a way as to make that clear.
(3) Where the defendant has no legal representative and indicates an intention to plead guilty a justices’ legal adviser must, in terms the defendant can understand—
(a) explain the procedures required by—
(i) rule 24.7 (Procedure on plea of guilty), and
(ii) rule 24.11 (Procedure if the court convicts); and
(b) in particular explain—
(i) the right to make representations about the facts alleged by the prosecutor,
(ii) the right to offer mitigation, and
(iii) the importance of providing information about financial and other personal circumstances so that the court can impose the most appropriate sentence.
(4) Where the defendant has served a notice of guilty plea to which rule 24.8 (Written guilty plea: special rules) applies, a justices’ legal adviser must—
(a) unless the court otherwise directs, if any member of the public, including any reporter, is present, read aloud to the court—
(i) the material on which the prosecutor relies to set out the facts of the offence and to provide information relevant to sentence (or summarise any written statement included in that material, if the court so directs), and
(ii) any written representations by the defendant; and
(b) otherwise, draw the court’s attention to—
(i) what the prosecutor alleges, and any significant features of the material listed in paragraph (4)(a)(i), and
(ii) any written representations by the defendant.
(5) Where the court tries a case under rule 24.9 (Single justice procedure: special rules), a justices’ legal adviser must draw the court’s attention to—
(a) what the prosecutor alleges, and any significant features of the material on which the prosecutor relies to prove the alleged offence and to provide information relevant to sentence; and
(b) any representations served by the defendant.
[Note. Section 28 of the Courts Act 2003 provides for the functions of a justices’ legal adviser. See also rule 2.12 (Duties of justices’ legal adviser) and sections 12 and 16A of the Magistrates’ Courts Act 1980.
Under section 12(7ZA) of the 1980 Act, Criminal Procedure Rules may specify which of the documents listed in section 12(7) of that Act, if any, must be read aloud, and may require them to be read aloud only in circumstances specified in the rules.]
(1) The court officer must—
(a) serve on each party notice of where and when an adjourned hearing will resume, unless—
(i) the party was present when that was arranged,
(ii) the defendant has served a notice of guilty plea to which rule 24.8 (Written guilty plea: special rules) applies, and the adjournment is for not more than 4 weeks, or
(iii) the court tries a case under rule 24.9 (Single justice procedure: special rules), and the adjourned trial will resume under that rule;
(b) if the reason for the adjournment was to postpone sentence, include that reason in any such notice to the defendant;
(c) unless the court otherwise directs, make available to the parties any written report to which rule 24.11 (Procedure if the court convicts) applies;
(d) where the court has ordered a defendant to provide information under section 25 of the Road Traffic Offenders Act 1988, serve on the defendant notice of that order unless the defendant was present when it was made;
(e) serve on the prosecutor—
(i) any notice of guilty plea to which rule 24.8 (Written guilty plea: special rules) applies, and
(ii) any declaration served under rule 44.2 (Statutory declaration of ignorance of proceedings) that the defendant did not know about the case;
(f) serve on the prosecutor notice of any hearing date arranged in consequence of such a declaration, unless—
(i) the prosecutor was present when that was arranged, or
(ii) the court otherwise directs;
(g) serve on the prosecutor—
(i) notice of any hearing date arranged in consequence of the issue of a summons under rule 24.9 (Single justice procedure: special rules), and in that event
(ii) any notice served by the defendant under rule 24.9(4)(c) or (d) (notice of intention to plead guilty at a hearing or notice of intention to plead not guilty);
(h) record the court’s reasons for not proceeding in the defendant’s absence where rule 24.12(3)(a) applies; and
(i) give the court such other assistance as it requires.
(2) Where the court passes a sentence of immediate imprisonment or detention, or orders a suspended sentence of imprisonment to take effect, by this rule—
(a) the court requires the defendant to provide, in writing or orally, his or her nationality; and
(b) the custodian must obtain that information and record it.
[Note. See sections 10, 11 and 12 of the Magistrates’ Courts Act 1980.
Under section 25 of the Road Traffic Offenders Act 1988, where the court does not know a defendant’s sex or date of birth, then on convicting the defendant of an offence involving obligatory or discretionary disqualification, the court must order the defendant to provide that information.
Under Part 5, the magistrates’ court officer must record details of a case and of the court’s decisions.
Under section 86A of the Courts Act 2003, Criminal Procedure Rules must specify stages of proceedings at which the court must require the information to which rule 24.15(2) refers. A person commits an offence if, without reasonable excuse, that person fails to comply with such a requirement, whether by providing false or incomplete information or by providing no information.]
This Part applies in the Crown Court where the court tries a case or the defendant pleads guilty.
[Note. The Crown Court’s powers to try an allegation of an offence are contained in sections 45 and 46 of the Senior Courts Act 1981.
The exercise of the court’s powers is affected by—
(a) the classification of the offence (and the general rule, subject to exceptions, is that the Crown Court must try—
(i) an offence classified as one that can be tried only in the Crown Court (in other legislation, described as triable only on indictment), and
(ii) 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 has been allocated for trial in the Crown Court); and
(b) the defendant’s age (and the general rule is that an allegation of an offence against a defendant under 18 must be tried in a magistrates’ court sitting as a youth court, irrespective of the classification of the offence and without allocation for trial there, unless the offence is—
(i) one of homicide,
(ii) one for which a convicted adult could be imprisoned for 14 years or more,
(iii) one of certain specified offences involving firearms, or
(iv) one of certain specified sexual offences).
See sections 17 and 24 of the Magistrates’ Courts Act 1980 and section 51A of the Crime and Disorder Act 1998.
Under section 34A of the Children and Young Persons Act 1933, the court—
(a) may require the defendant’s parents or guardian to attend court with the defendant, where the defendant is under 18; and
(b) must do so, where the defendant is under 16,
unless satisfied that that would be unreasonable. Part 46 (Representatives) contains rules allowing a parent, guardian or other supporting adult to help a defendant under 18.]
(1) Where this Part applies, the general rule is that—
(a) the trial must be in public, but that is subject to the court’s power to—
(i) impose a restriction on reporting what takes place at a public hearing, or public access to what otherwise would be a public hearing,
(ii) withhold information from the public during a public hearing, or
(iii) order a trial in private;
(b) the court must not proceed if the defendant is absent, unless the court is satisfied that—
(i) the defendant has waived the right to attend, and
(ii) the trial will be fair despite the defendant’s absence; and
(c) the court must not sentence the defendant to imprisonment or detention unless—
(i) the defendant has a legal representative,
(ii) the defendant has been sentenced to imprisonment or detention on a previous occasion in the United Kingdom, or
(iii) the defendant could have been represented under legal aid but is not because section 226(7), (8) of the Sentencing Act 2020 applies to him or her.
(2) Before proceeding to trial the court must—
(a) if more than one indictment has been preferred or proposed—
(i) identify the indictment or indictments on which the prosecutor wants the defendant to be tried, and
(ii) identify any indictment or count in an indictment on which the prosecutor does not want to proceed;
(b) obtain the prosecutor’s confirmation, in writing or orally, that each indictment on which the defendant is about to be tried sets out—
(i) a statement of each offence that the prosecutor wants the court to try, and
(ii) such particulars of the conduct constituting the commission of each such offence as the prosecutor relies upon to make clear what is alleged;
(c) ensure that the defendant is correctly identified by each indictment on which the defendant is about to be tried;
(d) satisfy itself that each allegation has been explained to the defendant, in terms the defendant can understand (with help, if necessary);
(e) invite any objection to the terms or validity of any indictment on which the defendant is about to be tried; and
(f) ensure that it has given—
(i) any direction needed to impose a reporting restriction or to withhold information from the public, and
(ii) subject to that, any direction needed to facilitate public observation and reporting.
(3) The court may adjourn the trial at any stage.
(4) Subject to paragraph (5), unless the court otherwise directs no further proceedings may be taken on an indictment or count in an indictment on which under this rule the prosecutor chooses not to proceed.
(5) Paragraph (4) does not apply to any count in an indictment which becomes a count in the indictment required by rule 25.16(3)(e) (substituted indictment for sentencing purposes).
[Note. See section 226(7), (8) of the Sentencing Act 2020, which applies to a defendant if—
(a) representation was made available to the defendant for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the defendant’s conduct or because it appeared that the defendant’s financial resources were such that he or she was not eligible for such representation;
(b) the defendant applied for such representation and the application was refused because it appeared that the defendant’s financial resources were such that he or she was not eligible for such representation; or
(c) having been informed of the right to apply for such representation and having had the opportunity to do so, the defendant refused or failed to apply.
Part 6 contains rules about reporting, etc. restrictions. For a list of the court’s powers to impose reporting and access restrictions, see the note to rule 6.1.
Part 10 contains rules about the content and service of indictments. Under section 2(6ZA) of the Administration of Justice (Miscellaneous Provisions) Act 1933, no objection to the indictment may be taken after the trial commences by reason of any failure to observe those rules.]
25.3 Application for ruling on procedure, evidence or other question of law
(1) This rule applies to an application—
(a) about—
(i) case management, or any other question of procedure, or
(ii) the introduction or admissibility of evidence, or any other question of law; and
(b) that has not been determined before the trial begins.
(2) The application is subject to any other rule that applies to it (for example, as to the time and form in which the application must be made).
(3) Unless the court otherwise directs, the application must be made, and the court’s decision announced, in the absence of the jury (if there is one).
[Note. See also rule 3.21 (Pre-trial hearings in the Crown Court: general rules).]
(1) This rule applies if—
(a) the defendant pleads guilty to an offence; and
(b) the court is satisfied that the plea represents a clear acknowledgement of guilt.
(2) The court need not receive evidence unless rule 25.16(4) applies (determination of facts for sentencing).
[Note. See also rule 3.32 (Arraigning the defendant on the indictment).]
(1) This rule applies where a party wants the court to vacate a guilty plea.
(2) Such a party must—
(a) apply in writing—
(i) as soon as practicable after becoming aware of the grounds for doing so, and
(ii) in any event, before the final disposal of the case, by sentence or otherwise; and
(b) serve the application on—
(i) the court officer, and
(ii) the prosecutor.
(3) Unless the court otherwise directs, the application must—
(a) explain why it would be unjust for the guilty plea to remain unchanged;
(b) indicate what, if any, evidence the applicant wishes to call;
(c) identify any proposed witness; and
(d) indicate whether legal professional privilege is waived, specifying any material name and date.
(1) This rule—
(a) applies where—
(i) the defendant pleads not guilty,
(ii) the defendant declines to enter a plea and the court treats that as a not guilty plea, or
(iii) the court determines that the defendant is not fit to be tried; but
(b) does not apply where—
(i) the court orders a trial without a jury because of a danger of jury tampering or where jury tampering appears to have taken place, or
(ii) the court tries without a jury counts on an indictment after a trial of sample counts with a jury.
(2) The court must select a jury to try the case from the panel, or part of the panel, of jurors summoned by the Lord Chancellor to attend at that time and place.
(3) Where it appears that too few jurors to constitute a jury will be available from among those so summoned, the court—
(a) may exercise its own power to summon others in the court room, or in the vicinity, up to the number likely to be required, and add their names to the panel summoned by the Lord Chancellor; but
(b) must inform the parties, if they are absent when the court exercises that power.
(4) The court must select the jury by drawing at random each juror’s name from among those so summoned and—
(a) announcing each name so drawn; or
(b) announcing an identifying number assigned by the court officer to that person, where the court is satisfied that that is necessary.
(5) If too few jurors to constitute a jury are available from the panel after all their names have been drawn, the court may—
(a) exercise its own power to summon others in the court room, or in the vicinity, up to the number required; and
(b) announce—
(i) the name of each person so summoned, or
(ii) an identifying number assigned by the court officer to that person, where the court is satisfied that that is necessary.
(6) The jury the court selects—
(a) must comprise no fewer than 12 jurors; and
(b) may comprise as many as 14 jurors to begin with, where the court expects the trial to last for more than 4 weeks.
(7) Where the court selects a jury comprising more than 12 jurors, the court must explain to them that—
(a) the purpose of selecting more than 12 jurors to begin with is to fill any vacancy or vacancies caused by the discharge of any of the first 12 before the prosecution evidence begins;
(b) any such vacancy or vacancies will be filled by the extra jurors in order of their selection from the panel;
(c) the court will discharge any extra juror or jurors remaining by no later than the beginning of the prosecution evidence; and
(d) any juror who is discharged for that reason then will be available to be selected for service on another jury, during the period for which that juror has been summoned.
(8) Each of the 12 or more jurors the court selects—
(a) must take an oath or affirm; and
(b) becomes a full jury member until discharged.
(9) The oath or affirmation must be in these terms, or in any corresponding terms that the juror declares to be binding on him or her—
I swear by Almighty God [or I do solemnly, sincerely and truly declare and affirm] that I will faithfully try the defendant and give a true verdict according to the evidence.
[Note. See sections 2, 5, 6, and 11 of the Juries Act 1974. See also rule 38.7 (Discharging jurors).
Under sections 44 and 46 of the Criminal Justice Act 2003, the court may try a case without a jury where there is a danger of jury tampering, or where jury tampering appears to have taken place. Under section 17 of the Domestic Violence, Crime and Victims Act 2004, the court may try sample counts with a jury and other counts without a jury. Part 3 (preparation for trial in the Crown Court) contains rules about an application for such a trial.
Sections 1, 3, 4, 5 and 6 of the Oaths Act 1978 provide for the taking of oaths and the making of affirmations, and for the words that must be used.
Part 26 contains other rules about jurors.]
(1) The court may exercise its power to discharge a juror at any time—
(a) after the juror completes the oath or affirmation; and
(b) before the court discharges the jury.
(2) No later than the beginning of the prosecution evidence, if the jury then comprises more than 12 jurors the court must discharge any in excess of 12 in reverse order of their selection from the panel.
(3) The court may exercise its power to discharge the jury at any time—
(a) after each juror has completed the oath or affirmation; and
(b) before the jury has delivered its verdict on each offence charged in the indictment.
(4) The court must exercise its power to discharge the jury when, in respect of each offence charged in the indictment, either—
(a) the jury has delivered its verdict on that offence; or
(b) the court has discharged the jury from reaching a verdict.
[Note. See sections 16 and 18 of the Juries Act 1974.]
(1) A party who objects to the panel of jurors must serve notice explaining the objection on the court officer and on the other party before the first juror’s name or number is drawn.
(2) A party who objects to the selection of an individual juror must—
(a) tell the court of the objection—
(i) after the juror’s name or number is announced, and
(ii) before the juror completes the oath or affirmation; and
(b) explain the objection.
(3) A prosecutor who exercises the prosecution right without giving reasons to prevent the court selecting an individual juror must announce the exercise of that right before the juror completes the oath or affirmation.
(4) The court must determine an objection under paragraph (1) or (2)—
(a) at a hearing, in public or in private; and
(b) in the absence of the jurors, unless the court otherwise directs.
[Note. See section 29 of the Juries Act 1825 and section 12 of the Juries Act 1974.]
(1) This rule applies where—
(a) the defendant pleads not guilty; or
(b) the defendant declines to enter a plea and the court treats that as a not guilty plea.
(2) In the following sequence—
(a) where there is a jury, the court must—
(i) inform the jurors of each offence charged in the indictment to which the defendant pleads not guilty, and
(ii) explain to the jurors that it is their duty, after hearing the evidence, to decide whether the defendant is guilty or not guilty of each offence;
(b) the prosecutor may summarise the prosecution case, concisely outlining the facts and the matters likely to be in dispute;
(c) where there is a jury, to help the jurors to understand the case and resolve any issue in it the court may—
(i) invite the defendant concisely to identify what is in issue, if necessary in terms approved by the court, and
(ii) if the defendant declines to do so, direct that the jurors be given a copy of any defence statement served under rule 15.4 (Defence disclosure), edited if necessary to exclude any reference to inappropriate matters or to matters evidence of which would not be admissible;
(d) the prosecutor must introduce the evidence on which the prosecution case relies;
(e) subject to paragraph (3), at the end of the prosecution evidence, on the defendant’s application or on its own initiative, the court—
(i) may direct the jury (if there is one) to acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict, but
(ii) must not do so unless the prosecutor has had an opportunity to make representations;
(f) subject to paragraph (4), at the end of the prosecution evidence, the court must ask whether the defendant intends to give evidence in person and, if the answer is ‘no’, then the court must satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary)—
(i) the right to give evidence in person, and
(ii) that if the defendant does not give evidence in person, or refuses to answer a question while giving evidence, the court may draw such inferences as seem proper;
(g) the defendant may summarise the defence case, if he or she intends to call at least one witness other than him or herself to give evidence in person about the facts of the case;
(h) in this order (or in a different order, if the court so directs) the defendant may—
(i) give evidence in person,
(ii) call another witness, or witnesses, to give evidence in person, and
(iii) introduce any other evidence;
(i) a party may introduce further evidence if it is then admissible (for example, because it is in rebuttal of evidence already introduced);
(j) the prosecutor may make final representations, where—
(i) the defendant has a legal representative,
(ii) the defendant has called at least one witness, other than the defendant him or herself, to give evidence in person about the facts of the case, or
(iii) the court so permits; and
(k) the defendant may make final representations.
(3) Paragraph (2)(e) does not apply in relation to a charge of murder, manslaughter, attempted murder, or causing harm contrary to section 18 or 20 of the Offences against the Person Act 1861 until the court has heard all the evidence (including any defence evidence), where the defendant is charged with—
(a) any of those offences; and
(b) an offence of causing or allowing a child or vulnerable adult to die or to suffer serious physical harm, contrary to section 5 of the Domestic Violence, Crime and Victims Act 2004.
(4) Paragraph (2)(f) does not apply where it appears to the court that, taking account of all the circumstances, the defendant’s physical or mental condition makes it undesirable for the defendant to give evidence in person.
(5) Where there is more than one defendant, this rule applies to each in the order their names appear in the indictment, or in an order directed by the court.
(6) Unless the jury (if there is one) has retired to consider its verdict, the court may allow a party to introduce evidence, or make representations, after that party’s opportunity to do so under paragraph (2).
(7) Unless the jury has already reached a verdict on a count, the court may exercise its power to—
(a) discharge the jury from reaching a verdict on that count;
(b) direct the jury to acquit the defendant on that count; or
(c) invite the jury to convict the defendant, if the defendant pleads guilty to the offence charged by that count.
[Note. See also rule 3.32 (Arraigning the defendant on the indictment).
Under section 6E of the Criminal Procedure and Investigations Act 1996, the court may make the direction for which rule 25.9(2)(c)(ii) provides, on application or on the court’s own initiative.
The admissibility of evidence that a party introduces is governed by rules of evidence.
Under section 35 of the Criminal Justice and Public Order Act 1994, the court may draw such inferences as appear proper from a defendant’s failure to give evidence, or refusal without good cause to answer a question while doing so. The procedure set out in rule 25.9(2)(f) and (4) is prescribed by that section.
Section 2 of the Criminal Evidence Act 1898 restricts the circumstances in which the defendant may summarise the defence case before introducing evidence.
Section 79 of the Police and Criminal Evidence Act 1984 requires a defendant who wishes to give evidence in person to do so before calling any other witness, unless the court otherwise permits.
Section 2 of the Criminal Procedure Act 1865 and section 3 of the Criminal Evidence Act 1898 restrict the circumstances in which the prosecutor may make final representations without the court’s permission. See also section 1 of the Criminal Procedure (Right of Reply) Act 1964.
The procedure set out in rule 25.9(3) is prescribed by sections 6 and 6A of the Domestic Violence, Crime and Victims Act 2004.
Under section 17 of the Criminal Justice Act 1967, the court may direct the jury to acquit where the prosecutor offers no evidence.
See rule 25.14 for the procedure on taking the verdict and rule 25.16 for the procedure if the court convicts the defendant.]
(1) This rule applies where—
(a) it appears to the court, on application or on its own initiative, that the defendant may not be fit to be tried; and
(b) the defendant has not by then been acquitted of each offence charged by the indictment.
(2) The court—
(a) must exercise its power to decide, without a jury, whether the defendant is fit to be tried; but
(b) may postpone the exercise of that power until immediately before the opening of the defence case.
(3) Where the court determines that the defendant is not fit to be tried—
(a) the court must exercise its power to appoint a person to put the case for the defence, taking account of all the circumstances and in particular—
(i) the willingness and suitability (including the qualifications and experience) of that person,
(ii) the nature and complexity of the case,
(iii) any advantage of continuity of representation, and
(iv) the defendant’s wishes and needs;
(b) the court must select a jury, if none has been selected yet; and
(c) rule 25.9 (Procedure on plea of not guilty) applies, if the steps it lists have not already been taken, except that—
(i) everything which that rule requires to be done by the defendant may be done instead by the person appointed to put the case for the defence,
(ii) under rule 25.9(2)(a), the court must explain to the jurors that their duty is to decide whether or not the defendant did the act or made the omission charged as an offence, not whether the defendant is guilty of that offence, and
(iii) rule 25.9(2)(f) does not apply (warning of consequences of defendant not giving evidence).
(4) Paragraphs (5) and (6) of this rule apply where—
(a) the jury decides that the defendant did the act or made the omission charged as an offence;
(b) the court makes a hospital order and a restriction order;
(c) while the restriction order remains in effect the Secretary of State receives medical advice that the defendant can properly be tried and decides to remit the defendant to the Crown Court for trial; and
(d) the Secretary of State so notifies the court officer.
(5) The prosecutor must serve on the court officer the medical report or reports by reference to which the defendant has been assessed as properly to be tried.
(6) The court must give directions—
(a) for the return of the defendant to the court, which initial directions may be given—
(i) without a hearing, or
(ii) at a hearing, which must take place in the defendant’s absence; and then
(b) for the future conduct of the case, which further directions must be given—
(i) at a hearing, and
(ii) in the defendant’s presence.
(7) Directions under paragraph (6)(a)—
(a) may include directions under rule 3.10 (Directions for commissioning medical reports, other than for sentencing purposes) for the commissioning of any further report required by the court;
(b) may set a timetable providing for the date by which representations about the future conduct of the case must be served; and
(c) must set a date for a hearing under paragraph (6)(b).
(8) At the hearing under paragraph (6)(b)—
(a) rule 3.21 (Pre-trial hearings in the Crown Court: general rules) applies even if a plea and trial preparation hearing has been conducted in the case before; and
(b) among other things, the court must decide whether to grant or withhold bail.
[Note. See sections 4 and 4A of the Criminal Procedure (Insanity) Act 1964.
Under section 4 of the 1964 Act, the court must not determine the defendant’s fitness to be tried except on the evidence of two or more registered medical practitioners, at least one of whom is approved as having special experience in the diagnosis or treatment of mental disorder. Under section 4A, if satisfied that the defendant did the act or made the omission charged as an offence the jury must make a finding to that effect, and if not so satisfied must acquit the defendant.
Under section 5A of the 1964 Act, where a hospital order and a restriction order have effect, and after consultation with the responsible clinician, the Secretary of State may remit a defendant for trial if satisfied that the defendant can properly be tried.]
(1) This rule applies where a party wants to introduce evidence by calling a witness to give that evidence in person.
(2) Unless the court otherwise directs—
(a) a witness waiting to give evidence must not wait inside the courtroom, unless that witness is—
(i) a party, or
(ii) an expert witness;
(b) a witness who gives evidence in the courtroom must do so from the place provided for that purpose; and
(c) a witness’ address—
(i) must not be given in public unless the address is relevant to an issue in the case, and
(ii) may be given in writing to the court, parties and jury.
(3) Before the witness gives evidence—
(a) the party who introduces the witness’ evidence must explain how that evidence is admissible, unless it is only evidence of fact within the witness’ direct knowledge; and
(b) the witness must take an oath or affirm, unless other legislation otherwise provides.
(4) In the following sequence—
(a) the party who calls a witness may ask questions in examination-in-chief;
(b) if the witness gives evidence for the prosecution—
(i) the defendant, if there is only one, may ask questions in cross-examination, or
(ii) subject to the court’s directions, each defendant, if there is more than one, may ask such questions, in the order their names appear in the indictment or as directed by the court;
(c) if the witness gives evidence for a defendant—
(i) subject to the court’s directions, each other defendant, if there is more than one, may ask questions in cross-examination, in the order their names appear in the indictment or as directed by the court, and
(ii) the prosecutor may ask such questions; and
(d) the party who called the witness may ask questions in re-examination arising out of any cross-examination.
(5) If other legislation so permits, at any time while giving evidence a witness may refer to a record of that witness’ recollection of events.
(6) The court may—
(a) ask a witness questions; and in particular
(b) where the defendant is not represented, ask a witness any question necessary in the defendant’s interests.
[Note. Section 53 of the Youth Justice and Criminal Evidence Act 1999 provides that everyone is competent to give evidence in criminal proceedings unless unable to understand questions put or give intelligible answers. See also section 1 of the Criminal Evidence Act 1898.
Part 19 contains rules about the introduction of evidence of expert opinion. Part 20 contains rules about the introduction of hearsay evidence.
Sections 1, 3, 5 and 6 of the Oaths Act 1978 provide for the taking of oaths and the making of affirmations, and for the words that must be used. Section 28 of the Children and Young Persons Act 1963 provides that in a youth court, and where a witness in any court is under 18, an oath must include the words ‘I promise’ in place of the words ‘I swear’. Under sections 55 and 56 of the Youth Justice and Criminal Evidence Act 1999, a person may give evidence without taking an oath, or making an affirmation, where that person (i) is under 14 or (ii) has an insufficient appreciation of the solemnity of the occasion and of the particular responsibility to tell the truth which is involved in taking an oath.
The questions that may be put to a witness—
(a) by a party are governed by rules of evidence, for example—
(i) the rule that a question must be relevant to what is in issue,
(ii) the rule that the party who calls a witness must not ask that witness a leading question about what is in dispute, and
(iii) the rule that a party who calls a witness may contradict that witness only in limited circumstances (see section 3 of the Criminal Procedure Act 1865);
(b) by the court are in its discretion, but that is subject to—
(i) rules of evidence, and
(ii) rule 1.3 (the application by the court of the overriding objective).
Under sections 34, 35 and 36 of the Youth Justice and Criminal Evidence Act 1999, a defendant who is not represented may not cross-examine a witness where—
(a) the defendant is charged with a sexual offence against the witness;
(b) the defendant is charged with a sexual offence, or one of certain other offences, and the witness is a child; or
(c) the court prohibits the defendant from cross-examining the witness.
Part 23 contains rules relevant to restrictions on cross-examination.
Under section 139 of the Criminal Justice Act 2003, a witness may refresh his or her memory by referring to a record made earlier, either contained in a document made or verified by the witness, or in the transcript of a sound recording, if—
(a) the witness states that it records his or her recollection of events at that earlier time; and
(b) that recollection is likely to have been significantly better when the record was made than by the time the witness gives evidence in person.
In some circumstances, a witness may give evidence in accordance with special measures directed by the court under section 19 of the Youth Justice and Criminal Evidence Act 1999, or by live link under section 32 of the Criminal Justice Act 1988 or section 51 of the Criminal Justice Act 2003. Part 18 contains relevant rules.]
(1) This rule applies where a party wants to introduce in evidence the written statement of a witness to which applies—
(a) Part 16 (Written witness statements);
(b) Part 19 (Expert evidence); or
(c) Part 20 (Hearsay evidence).
(2) That party must explain how the evidence is admissible unless it is—
(a) evidence of fact within the direct knowledge of the person who made the written statement served under rule 16.4 (Written witness statement in evidence);
(b) contained in an expert’s report served under rule 19.3 (Introduction of expert evidence); or
(c) identified as hearsay in a notice served under rule 20.2 (Notice to introduce hearsay evidence).
(3) If the court admits such evidence each relevant part of the statement must be read or summarised aloud, unless the court otherwise directs.
[Note. See Parts 16, 19 and 20, and the other legislation to which those Parts apply. The admissibility of evidence that a party introduces is governed by rules of evidence.
A written witness statement to which Part 16 applies may only be introduced in evidence if there has been no objection within the time limit to which rule 16.4 refers.
An expert report to which Part 19 applies may only be introduced in evidence if it has been served in accordance with rule 19.3.
Rule 20.3 provides for opposing the introduction of hearsay evidence, including such evidence in a document.
Where a witness gives evidence in person, a previous written statement by that witness may be admissible as evidence under section 119 (Inconsistent statements) or under section 120 (Other previous statements of witnesses) of the Criminal Justice Act 2003.]
(1) This rule applies where—
(a) a party introduces in evidence a fact admitted by another party; or
(b) parties jointly admit a fact.
(2) Unless the court otherwise directs, a written record must be made of the admission.
[Note. See section 10 of the Criminal Justice Act 1967. The admissibility of evidence that a party introduces is governed by rules of evidence.]
25.14 Directions to the jury and taking the verdict
(1) This rule applies where there is a jury.
(2) The court must give the jury directions about the relevant law at any time at which to do so will assist jurors to evaluate the evidence.
(3) After following the sequence in rule 25.9 (Procedure on plea of not guilty), the court must—
(a) to help the jury to come to a verdict—
(i) give jurors directions about the relevant law, and
(ii) summarise for them, to such extent as is necessary, the evidence relevant to the issues they must decide;
(b) give those directions orally and, as a general rule, in writing as well;
(c) direct the jury to retire to consider its verdict;
(d) if necessary, recall the jury—
(i) to answer jurors’ questions, or
(ii) to give directions, or further directions, about considering and delivering its verdict or verdicts, including, if appropriate, directions about reaching a verdict by a majority;
(e) in a case in which the jury is required to return a single verdict—
(i) recall the jury (unless already recalled) when it informs the court that it has reached its verdict, and
(ii) direct the delivery of that verdict there and then;
(f) in a case in which the jury is required to return two or more verdicts—
(i) recall the jury (unless already recalled) when it informs the court that it has reached a verdict or verdicts, and
(ii) ask the jury whether its members all agree on every verdict required;
(g) if the answer to that question is ‘yes’, direct the delivery of each of those verdicts there and then; and
(h) if the answer to that question is ‘no’—
(i) direct the delivery there and then of any unanimous verdict that has been reached, or
(ii) postpone the taking of any such verdict while the jury considers each other verdict required.
(4) Directions to the jury under paragraph (3)(a) may include questions that the court invites jurors to answer in coming to a verdict.
(5) The court may give the jury other assistance in writing.
(6) When the court directs the jury to deliver its verdict or verdicts, the court must ask the foreman chosen by the jury, in respect of each count—
(a) whether the jury has reached a verdict on which all the jurors agree;
(b) if so, whether that verdict is guilty or not guilty;
(c) if not, where the jury has deliberated for at least 2 hours and if the court decides to invite a majority verdict, then—
(i) whether at least 10 (of 11 or 12 jurors), or 9 (of 10 jurors), agreed on a verdict,
(ii) if so, is that verdict guilty or not guilty, and
(iii) if (and only if) such a verdict is guilty, how many jurors agreed to that verdict and how many disagreed.
(7) Where evidence has been given that the defendant was insane, so as not to be responsible for the act or omission charged as the offence, then under paragraph (5)(b) the court must ask whether the jury’s verdict is guilty, not guilty, or not guilty by reason of insanity.
[Note. Under section 17 of the Juries Act 1974, the court may accept the verdict of a majority, as long as the jury has had at least 2 hours for deliberation.
Under section 6 of the Criminal Law Act 1967, the jury may convict a defendant of an offence other than one charged by the indictment if that offence is proved by the evidence.
The verdict to which rule 25.14(6) refers is provided for by section 2 of the Trial of Lunatics Act 1883. The evidence required before such a verdict may be reached is prescribed by section 1 of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991.]