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25.15 Conviction or acquittal without a jury
(1) This rule applies where—
(a) the court tries the case without a jury; and
(b) after following the sequence in rule 25.9 (Procedure on plea of not guilty).
(2) In respect of each count, the court must give reasons for its decision to convict or acquit.
[Note. 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.]
(1) This rule applies where the court convicts the defendant.
(2) The court may exercise its power—
(a) if the defendant is an individual—
(i) to require a pre-sentence report,
(ii) to commission a medical report,
(iii) to require a statement of the defendant’s assets and other financial circumstances;
(b) if the defendant is a corporation, to require such information as the court directs about the defendant’s corporate structure and financial resources;
(c) to adjourn sentence pending—
(i) receipt of any such report, statement or information,
(ii) the verdict in a related case.
(3) The prosecutor must—
(a) summarise the prosecution case, if the sentencing court has not heard evidence;
(b) identify in writing any offence that the prosecutor proposes should be taken into consideration in sentencing;
(c) provide information relevant to sentence, including—
(i) any previous conviction of the defendant, and the circumstances where relevant,
(ii) any statement of the effect of the offence on the victim, the victim’s family or others;
(d) 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) as the court may need to take into account; and
(e) if the court so directs, where no single indictment contains every count on which the defendant is to be sentenced provide a substituted indictment for sentencing purposes that contains every such count and indicates—
(i) the indictment from which each such count derives,
(ii) the defendant’s plea to each such count,
(iii) if a guilty plea, the date on which that plea was entered, and
(iv) otherwise, the date on which the defendant was convicted on that count.
(4) Where the defendant pleads guilty, the court may give directions for determining the facts on the basis of which sentence must be passed if—
(a) the defendant wants to be sentenced on a basis agreed with the prosecutor; or
(b) in the absence of such agreement, the defendant wants to be sentenced on the basis of different facts to those disclosed by the prosecution case.
(5) 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.
(6) Before passing sentence—
(a) the court must give the defendant an opportunity to make representations and introduce evidence relevant to sentence;
(b) where the defendant is under 18, the court may give the defendant’s parents, guardian or other supporting adult, if present, such an opportunity as well; and
(c) if the court requires more information, it may exercise its power to adjourn the hearing.
(7) When the court has taken into account all the evidence, information and any report available, the court must—
(a) as a general rule, pass sentence at the earliest opportunity;
(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;
(d) when passing sentence—
(i) explain the reasons,
(ii) 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 the defendant is absent or the defendant’s ill-health or disorderly conduct makes such an explanation impracticable, and
(iii) give any such explanation in terms the defendant, if present, can understand (with help, if necessary); and
(e) deal with confiscation, costs and any behaviour order.
(8) The general rule under paragraph (7)(a) is subject to the court’s power to defer sentence.
[Note. See Sections 31, 52, 56A, 59, 63, 124, 125 and 126 of the Sentencing Act 2020.
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.
Rule 28.8 of these Rules applies to commissions for medical reports.
Undersection 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 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.
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 25.2.
Part 28 contains rules about sentencing procedure in special cases. Part 31 contains rules about behaviour orders. Part 33 contains rules about confiscation and related orders. Part 45 contains rules about costs.
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 Act the 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.]
(1) Unless the court otherwise directs, 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 the document; and
(c) the court.
(2) If the court so directs, a party who introduces or uses a document for such a purpose must provide a copy for the jury.
(3) 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 trial begins;
(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 25.13 (Evidence by admission) applies;
(c) any other document served on the court officer for the use of the court; and
(d) any evidence or other material prepared for the court.
(1) The court officer must—
(a) serve on each party notice of where and when an adjourned hearing will resume, unless that party was present when that was arranged;
(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 25.16(2) applies (pre-sentence and medical reports);
(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) give the court such other assistance as it requires, including—
(i) selecting jurors from the panel summoned by the Lord Chancellor, under rule 25.6 (Selecting the jury),
(ii) taking the oaths or affirmations of jurors and witnesses, under rules 25.6 and 25.11 (Evidence of a witness in person),
(iii) informing the jurors of the offence or offences charged in the indictment, and of their duty, under rule 25.9 (Procedure on plea of not guilty),
(iv) retaining a copy of any written directions given to the jury under rule 25.14(2) or (3)(a),
(v) retaining a copy of any written material given to assist the jury under rule 25.14(5), and
(vi) asking the jury foreman to deliver the verdict, under rule 25.14(6).
(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 also section 82 of the Senior Courts Act 1981 (Duties of officers of Crown Court).
Under Part 5, the court officer must—
(a) record details of a case and of the court’s decisions; and
(b) give public notice of specified details about a trial, including by such arrangements as the Lord Chancellor directs.
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 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 25.18(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.]
26.1 Appeal against officer’s refusal to excuse or postpone jury service
(1) This rule applies where a person summoned for jury service in the Crown Court, the High Court or the county court wants to appeal against a refusal by an officer on the Lord Chancellor’s behalf—
(a) to excuse that person from such service; or
(b) to postpone the date on which that person is required to attend for such service.
(2) The appellant must appeal to the court to which the appellant has been summoned.
(3) The appellant must—
(a) apply in writing, as soon as reasonably practicable; and
(b) serve the application on the court officer.
(4) The application must—
(a) attach a copy of—
(i) the jury summons, and
(ii) the refusal to excuse or postpone which is under appeal; and
(b) explain why the court should excuse the appellant from jury service, or postpone its date, as appropriate.
(5) The court to which the appeal is made—
(a) may extend the time for appealing, and may allow the appeal to be made orally;
(b) may determine the appeal at a hearing in public or in private, or without a hearing;
(c) may adjourn any hearing of the appeal; but
(d) must not determine an appeal unless the appellant has had a reasonable opportunity to make representations in person.
[Note. See sections 9 and 9A of the Juries Act 1974.
Where a person summoned for jury service—
(a) fails to attend as required; or
(b) after attending as required, when selected under rule 25.6—
(i) is not available, or
(ii) is unfit for jury service by reason of drink or drugs
that conduct may be punished as if it were a contempt of court. See section 20 of the Juries Act 1974 and rules 48.5 to 48.8 (contempt of court). The maximum penalty which the court can impose is a fine of £1,000.]
At any time before a juror completes the oath or affirmation, the court may exercise its power to excuse him or her from jury service for lack of capacity to act effectively as a juror because of an insufficient understanding of English—
(a) on the court’s own initiative, or where the court officer refers the juror to the court; and
(b) after enquiry of the juror.
[Note. See section 10 of the Juries Act 1974.]
The court officer must arrange for each juror to receive—
(a) by such means as the Lord Chancellor directs, general information about jury service and about a juror’s responsibilities;
(b) written notice of the prohibitions against—
(i) research by a juror into the case,
(ii) disclosure by a juror of any such research to another juror during the trial,
(iii) conduct by a juror which suggests that that juror intends to try the case otherwise than on the evidence, and
(iv) disclosure by a juror of the deliberations of the jury; and
(c) written warning that breach of those prohibitions is an offence, for which the penalty is imprisonment or a fine or both, and may be a contempt of court.
[Note. See sections 20A, 20B, 20C and 20D of the Juries Act 1974.]
26.4 Assessment of juror’s availability for long trial, etc.
(1) The court may invite each member of a panel of jurors to provide such information, by such means and at such a time as the court directs, about—
(a) that juror’s availability to try a case expected to last for longer than the juror had expected to serve; and
(b) any association of that juror with, or any knowledge by that juror of—
(i) a party or witness, or
(ii) any other person, or any place, of significance to the case.
(2) Where jurors provide information under this rule, the court may postpone the selection of the jury to try a case to allow each juror an opportunity to review and amend that information before that selection.
(3) Using that information, the court may exercise its power to excuse a juror from selection as a member of the jury to try a case, but the court must not—
(a) excuse a juror without allowing the parties an opportunity to make representations; or
(b) refuse to excuse a juror without allowing that juror such an opportunity.
26.5 Surrender of electronic communication devices by jurors
(1) This rule applies where the court can order the members of a jury to surrender for a specified period any electronic communication devices that they possess.
(2) The court may make such an order—
(a) on application; or
(b) on its own initiative.
(3) A party who wants the court to make such an order must—
(a) apply as soon as reasonably practicable;
(b) notify each other party;
(c) specify for what period any device should be surrendered; and
(d) explain why—
(i) the proposed order is necessary or expedient in the interest of justice, and
(ii) the terms of the proposed order are a proportionate means of safeguarding those interests.
[Note. See section 15A of the Juries Act 1974.]
(1) This rule applies where under section 9C of the Juries Act 1974 the court appoints one or more British Sign Language interpreters to enable a person who is deaf to act effectively as a juror.
(2) Each such interpreter must take an oath or affirmation in these terms, or in any corresponding terms that the interpreter 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 interpret all such matters and things as shall be required of me according to the best of my skill and understanding. I will enable communication among the jurors so that all may discharge their duties and I will not interfere in, influence or disclose the deliberations of the jury.
(1) Rule 27.2 applies where, under section 54 of the Criminal Procedure and Investigations Act 1996, the Crown Court or a magistrates’ court can certify for the High Court that interference or intimidation has been involved in proceedings leading to an acquittal.
(2) Rules 27.3 to 27.7 apply where, under section 77 of the Criminal Justice Act 2003, the Court of Appeal can―
(a) quash an acquittal for a serious offence and order a defendant to be retried; or
(b) order that an acquittal outside the United Kingdom is no bar to the defendant being tried in England and Wales,
if there is new and compelling evidence and it is in the interests of justice to make the order.
(1) This rule applies where―
(a) a defendant has been acquitted of an offence;
(b) a person has been convicted of one of the following offences involving interference with or intimidation of a juror or a witness (or potential witness) in any proceedings which led to the defendant’s acquittal―
(i) perverting the course of justice,
(ii) intimidation etc. of witnesses, jurors and others under section 51(1) of the Criminal Justice and Public Order Act 1994, or
(iii) aiding, abetting, counselling, procuring, suborning or inciting another person to commit an offence under section 1 of the Perjury Act 1911; and
(c) the prosecutor wants the court by which that person was convicted to certify for the High Court that there is a real possibility that, but for the interference or intimidation, the defendant would not have been acquitted.
(2) The prosecutor must—
(a) apply in writing as soon as practicable after that person’s conviction; and
(b) serve the application on—
(i) the court officer, and
(ii) the defendant who was acquitted, if the court so directs.
(3) The application must—
(a) give details, with relevant facts and dates, of—
(i) the conviction for interference or intimidation, and
(ii) the defendant’s acquittal; and
(b) explain—
(i) why there is a real possibility that, but for the interference or intimidation, the defendant would not have been acquitted, and
(ii) why it would not be contrary to the interests of justice to prosecute the defendant again for the offence of which he or she was acquitted, despite any lapse of time or other reason.
(4) The court may—
(a) extend the time limit under paragraph (2);
(b) allow an application to be in a different form to one issued under the Practice Direction, or to be made orally; and
(c) determine an application under this rule—
(i) at a hearing, in private or in public; or
(ii) without a hearing.
(5) If the court gives a certificate, the court officer must serve it on―
(a) the prosecutor; and
(b) the defendant who was acquitted.
[Note: See Section 54 of the Criminal Procedure and Investigations Act 1996 (Acquittals tainted by intimidation, etc.).
For the procedure on application to the High Court, see rules 77.6 to 77.15 of the Civil Procedure Rules 1998.]
27.3 Application for reporting restriction pending application for order for retrial
(1) This rule applies where―
(a) no application has been made under rule 27.4 (Application for order for retrial);
(b) an investigation by officers has begun into an offence with a view to an application under that rule; and
(c) the Director of Public Prosecutions wants the Court of Appeal to make, vary or remove an order for a reporting restriction under section 82 of the Criminal Justice Act 2003 (Restrictions on publication in the interests of justice).
(2) The Director must—
(a) apply in writing; and
(b) serve the application on—
(i) the Registrar, and
(ii) the defendant, unless the court otherwise directs.
(3) The application must, as appropriate—
(a) explain why the Director wants the court to direct that it need not be served on the defendant until the application under rule 27.4 is served;
(b) specify the proposed terms of the order, and for how long it should last;
(c) explain why an order in the terms proposed is necessary; and
(d) explain why an order should be varied or removed.
[Note: For other rules about reporting restrictions, see Part 6.]
(1) This rule applies where―
(a) a defendant has been acquitted—
(i) in the Crown Court, or on appeal from the Crown Court, of an offence listed in Part 1 of Schedule 5 to the Criminal Justice Act 2003 (qualifying offences), or
(ii) in proceedings elsewhere than in the United Kingdom of an offence under the law of that place, if what was alleged would have amounted to or included one of those listed offences; and
(b) with the Director of Public Prosecutions’ written consent, a prosecutor wants the Court of Appeal to make an order, as the case may be—
(i) quashing the acquittal in the Crown Court and ordering the defendant to be retried for the offence, or
(ii) declaring whether the acquittal outside the United Kingdom is a bar to the defendant’s trial in England and Wales and, if it is, whether that acquittal shall not be such a bar.
(2) Such a prosecutor must—
(a) apply in writing;
(b) serve the application on the Registrar; and
(c) not more than 2 business days later serve on the defendant who was acquitted—
(i) the application, and
(ii) a notice charging the defendant with the offence, unless the defendant has already been arrested and charged under section 87 of the Criminal Justice Act 2003 (arrest, under warrant or otherwise, and charge).
(3) The application must—
(a) give details, with relevant facts and dates, of the defendant’s acquittal;
(b) explain—
(i) what new and compelling evidence there is against the defendant, and
(ii) why in all the circumstances it would be in the interests of justice for the court to make the order sought;
(c) include or attach any application for the following, with reasons—
(i) an order under section 80(6) of the Criminal Justice Act 2003 (Procedure and evidence) for the production of any document, exhibit or other thing which in the prosecutor’s opinion is necessary for the determination of the application,
(ii) an order under that section for the attendance before the court of any witness who would be a compellable witness at the trial the prosecutor wants the court to order, or
(iii) an order for a reporting restriction under section 82 of the Criminal Justice Act 2003 (Restrictions on publication in the interests of justice); and
(d) attach—
(i) written witness statements of the evidence on which the prosecutor relies as new and compelling evidence against the defendant,
(ii) relevant documents from the trial at which the defendant was acquitted, including a record of the offence or offences charged and of the evidence given, and
(iii) any other document or thing that the prosecutor thinks the court will need to decide the application.
[Note. See sections 75, 76, 77, 80 and 82 of the Criminal Justice Act 2003. Under Part 1 of Schedule 5 to that Act, the qualifying offences include murder and other serious offences against the person, offences of importation and exportation of Class A drugs, offences of causing explosions and other serious damage, terrorism offences and war crimes and other international offences.
The time limit for serving an application on the defendant is prescribed by section 80(2) of the 2003 Act. It may be extended but not shortened.]
(1) A defendant on whom a prosecutor serves an application may serve a respondent’s notice, and must do so if the defendant wants to make representations to the court.
(2) Such a defendant must serve the respondent’s notice on—
(a) the Registrar; and
(b) the prosecutor,
not more than 20 business days after service of the application.
(3) The respondent’s notice must—
(a) give the date on which the respondent was served with the prosecutor’s application;
(b) summarise any relevant facts not contained in that application;
(c) explain the defendant’s grounds for opposing that application;
(d) include or attach any application for the following, with reasons—
(i) an extension of time within which to serve the respondent’s notice,
(ii) bail pending the hearing of the prosecutor’s application, if the defendant is in custody,
(iii) a direction to attend in person any hearing that the defendant could attend by live link, if the defendant is in custody,
(iv) an order under section 80(6) of the Criminal Justice Act 2003 (Procedure and evidence) for the production of any document, exhibit or other thing which in the defendant’s opinion is necessary for the determination of the prosecutor’s application, or
(v) an order under that section for the attendance before the court of any witness who would be a compellable witness at the trial the prosecutor wants the court to order; and
(e) attach or identify any other document or thing that the defendant thinks the court will need to decide the application.
27.6 Application to Crown Court for summons or warrant
(1) This rule applies where―
(a) the prosecutor has served on the Registrar an application under rule 27.4 (Application for order for retrial);
(b) the defendant is not in custody as a result of arrest under section 88 of the Criminal Justice Act 2003 (Bail and custody before application); and
(c) the prosecutor wants the Crown Court to issue—
(i) a summons requiring the defendant to appear before the Court of Appeal at the hearing of the prosecutor’s application, or
(ii) a warrant for the defendant’s arrest
under section 89 of the 2003 Act (Bail and custody before hearing).
(2) The prosecutor must—
(a) apply in writing; and
(b) serve the application on the Crown Court officer.
(3) The application must—
(a) explain what the case is about, including a brief description of the defendant’s acquittal, the new evidence and the stage that the application to the Court of Appeal has reached;
(b) specify—
(i) the decision that the prosecutor wants the Crown Court to make,
(ii) each offence charged, and
(iii) any relevant previous bail decision and the reasons given for it; and
(c) propose the terms of any suggested condition of bail.
[Note. Under section 87 of the Criminal Justice Act 2003, in the circumstances prescribed by that section a justice of the peace may issue a warrant for the arrest of the defendant who was acquitted and that defendant may be charged with an offence that is to be the subject of an application to the Court of Appeal under rule 27.4.
Under section 88 of the 2003 Act, in the circumstances prescribed by that section a defendant who has been arrested and charged must be brought before the Crown Court and that court must either grant bail for that defendant to attend the Court of Appeal on the hearing of an application under rule 27.4, or remand the defendant in custody.
Under section 89 of the 2003 Act, where the prosecutor has made an application to the Court of Appeal under rule 27.4—
(a) if the defendant is in custody, the Crown Court must decide whether to remand him or her in custody to be brought before the Court of Appeal or to grant bail for that purpose; or
(b) if the defendant is not in custody, and if the prosecutor so applies, the Crown Court may either issue a summons for the defendant to attend the Court of Appeal or issue a warrant for the defendant’s arrest.]
27.7 Application of other rules about procedure in the Court of Appeal
On an application under rule 27.4 (Application for order for retrial)—
(a) the rules in Part 36 (Appeal to the Court of Appeal: general rules) apply with the necessary modifications;
(b) rules 39.8, 39.9 and 39.10 (bail and bail conditions in the Court of Appeal) apply as if the references in those rules to appeal included references to an application under rule 27.4; and
(c) rule 39.14 (Renewal or setting aside of order for retrial) applies as if the reference to section 7 of the Criminal Appeal Act 1968 were a reference to section 84 of the Criminal Justice Act 2003 (Retrial).
[Note. See also the notes to the rules listed in this rule.
For the powers of the Court of Appeal that may be exercised by one judge of that court or by the Registrar, and for the right to renew an application for directions to a judge or to the Court of Appeal, see the Criminal Justice Act 2003 (Retrial for Serious Offences) Order 2005 and rule 36.5 (Renewing an application refused by a judge or the Registrar).
For rules governing applications for reporting restrictions, see Part 6. For rules governing proceedings in the Crown Court about bail, see Part 14.]
28.1 Reasons for not following usual sentencing requirements
(1) This rule applies where the court decides—
(a) not to follow a relevant sentencing guideline;
(b) not to make, where it could—
(i) a reparation order (unless it passes a custodial or community sentence),
(ii) a compensation order,
(iii) a slavery and trafficking reparation order, or
(iv) a travel restriction order;
(c) not to order, where it could—
(i) that a suspended sentence of imprisonment is to take effect,
(ii) the endorsement of the defendant’s driving record, or
(iii) the defendant’s disqualification from driving, for the usual minimum period or at all; or
(d) under section 74 or section 388 of the Sentencing Act 2020, to pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.
(2) The court must explain why it has so decided, when it explains the sentence that it has passed.
(3) Where paragraph (1)(d) applies, the court must arrange for such an explanation to be given to the defendant and to the prosecutor in writing, if the court thinks that it would not be in the public interest to explain in public.
[Note. See sections 52, 54 and 55 of the Sentencing Act 2020; section 8(7) of the Modern Slavery Act 2015; section 33(2) of the Criminal Justice and Police Act 2001; paragraph 14(1) of Schedule 16 to the 2020 Act; section 47(1) of the Road Traffic Offenders Act 1988; and sections 74 and 388 of the 2020 Act.
For the duty to explain the sentence the court has passed, seesection 52(1) of the 2020 Act and rules 24.11(9) (procedure where a magistrates’ court convicts) and 25.16(7) (procedure where the Crown Court convicts).
Undersection 59 of the 2020 Act, the court when sentencing must follow any relevant sentencing guideline unless satisfied that to do so would be contrary to the interests of justice.
For the circumstances in which the court may make—
(a) a reparation or compensation order, see sections 110 and 134 of the 2020 Act;
(b) a slavery and trafficking reparation order, see section 8 of the 2015 Act;
(c) a travel restriction order against a defendant convicted of drug trafficking, see sections 33 and 34 of the 2001 Act.]
28.2 Notice of requirements of suspended sentence and community, etc. orders
(1) This rule applies where the court—
(a) makes a suspended sentence order;
(b) imposes a requirement under—
(i) a community order,
(ii) a youth rehabilitation order, or
(iii) a suspended sentence order; or
(c) orders the defendant to attend meetings with a supervisor.
(2) The court officer must notify—
(a) the defendant of—
(i) the length of the sentence suspended by a suspended sentence order, and
(ii) the period of the suspension;
(b) the defendant and, where the defendant is under 14, an appropriate adult, of—
(i) any requirement or requirements imposed, and
(ii) the identity of any responsible officer or supervisor, and the means by which that person may be contacted;
(c) any responsible officer or supervisor, and, where the defendant is under 14, the appropriate qualifying officer (if that is not the responsible officer), of—
(i) the defendant’s name, address and telephone number (if available),
(ii) the offence or offences of which the defendant was convicted, and
(iii) the requirement or requirements imposed; and
(d) the person affected, where the court imposes a requirement—
(i) for the protection of that person from the defendant, or
(ii) requiring the defendant to reside with that person.
(3) If the court imposes an electronic monitoring requirement, the monitor of which is not the responsible officer, the court officer must—
(a) notify the defendant and, where the defendant is under 16, an appropriate adult, of the monitor’s identity, and the means by which the monitor may be contacted; and
(b) notify the monitor of—
(i) the defendant’s name, address and telephone number (if available),
(ii) the offence or offences of which the defendant was convicted,
(iii) the place or places at which the defendant’s presence must be monitored,
(iv) the period or periods during which the defendant’s presence there must be monitored, and
(v) the identity of the responsible officer, and the means by which that officer may be contacted.
[Note. See sections 212(2) and 298(2) of the Sentencing Act 2020; section 190(2) of the 2020 Act; and section 1A(7) of the Street Offences Act 1959.
For the circumstances in which the court may—
(a) make a suspended sentence order, see sections 264, 277, 286 and 288 of the 2020 Act;
(b) make a community order (defined by section 200 of the 2020 Act), or a youth rehabilitation order (defined by section 173(1) of that Act), and for the identity and duties of responsible officers and qualifying officers, see generally Chapters 1 and 2 of Part 9 of the 2020 Act; and
(c) order the defendant to attend meetings with a supervisor, see section 1(2A) of the Street Offences Act 1959.
Under sections 174, 201 or 287 of the 2020 Act, the court may impose an electronic monitoring requirement to secure the monitoring of the defendant’s compliance with certain other requirements (for example, a curfew or an exclusion).]
(1) This rule applies where, on a conviction, sentence or order, legislation requires the defendant—
(a) to notify information to the police; or
(b) to be included in a barred list.
(2) The court must tell the defendant that such requirements apply, and under what legislation.
[Note. For the circumstances in which a defendant is required to notify information to the police, see—
(a) Part 2 of, and Schedule 3 to, the Sexual Offences Act 2003 (notification for the period specified by section 82 of the Act after conviction, etc. of an offence listed in Schedule 3 and committed in the circumstances specified in that Schedule);
(b) Part 4 of the Counter Terrorism Act 2008 (notification after conviction of a specified offence of, or connected with, terrorism, for which a specified sentence is imposed).
(c) Schedule 1A to the Serious Crime Act 2007(notification after being made subject to a serious crime prevention order); and
(d) section 9 of the Stalking Protection Act 2019(notification after being made subject to a stalking protection order).
For the circumstances in which a defendant will be included in a barred list, see paragraphs 1, 2, 7, 8 and 24 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006. See also paragraph 25 of that Schedule.
These requirements are not part of the court’s sentence.]
(1) This rule—
(a) applies where a magistrates’ court or the Crown Court can vary, rescind or set aside a sentence, penalty or order, other than an order to which rule 44.3 applies (Setting aside a conviction or varying a costs etc. order); and
(b) authorises the Crown Court, in addition to its other powers, to do so within the period of 56 days beginning with another defendant’s acquittal or sentencing where—
(i) defendants are tried separately in the Crown Court on the same or related facts alleged in one or more indictments, and
(ii) one is sentenced before another is acquitted or sentenced.
(2) The court—
(a) may exercise its power—
(i) on application by a party, or on its own initiative,
(ii) at a hearing, in public or in private, or without a hearing; and
(b) must announce, at a hearing in public—
(i) a decision to vary or rescind a sentence or order, or to refuse to do so, and
(ii) the reasons for that decision.
(3) A party who wants the court to exercise that power must—
(a) apply in writing as soon as reasonably practicable after—
(i) the sentence, penalty or order that that party wants the court to vary, rescind or set aside, or
(ii) where paragraph (1)(b) applies, the other defendant’s acquittal or sentencing;
(b) serve the application on—
(i) the court officer, and
(ii) each other party; and
(c) in the application—
(i) explain why the sentence, penalty or order should be varied, rescinded or set aside,
(ii) specify the variation that the applicant proposes, and
(iii) if the application is late, explain why.
(4) The court must not exercise its power in the defendant’s absence unless—
(a) the court makes a variation—
(i) which is proposed by the defendant, or
(ii) the effect of which is that the defendant is no more severely dealt with under the sentence as varied than before; or
(b) the defendant has had an opportunity to make representations at a hearing (whether or not the defendant in fact attends).
(5) The court may—
(a) extend (even after it has expired) the time limit under paragraph (3), unless the court’s power to vary or rescind the sentence cannot be exercised; and
(b) allow an application to be made orally.
(6) For the purposes of the announcement required by paragraph (2)(b), the court need not comprise the same member or members as the court by which the decision to be announced was made.
[Note. Under section 142 of the Magistrates’ Courts Act 1980, in some cases a magistrates’ court can vary or rescind a sentence or other order that it has imposed or made, if that appears to be in the interests of justice. The power cannot be exercised if the Crown Court or the High Court has determined an appeal about that sentence or order. See also rule 44.3 (Setting aside a conviction or varying a costs etc. order), which governs the exercise by a magistrates’ court of the power conferred by section 142 of the 1980 Act in the circumstances to which that rule applies.
Under section 16M of the 1980 Act a magistrates’ court can set aside a penalty imposed under section 16I of the Act on a defendant who accepts the automatic online conviction option under section 16H if the amount of the penalty appears to the court to be unjust. If the court sets aside such a penalty it may impose any sentence that it could have imposed for the offence if the defendant had pleaded guilty at the first opportunity.
Under section 385 of the Sentencing Act 2020, the Crown Court can vary or rescind a sentence or other order that it has imposed or made. The power cannot be exercised—
(a) after the period of 56 days beginning with the sentence or order (but see the note below); or
(b) if an appeal or application for permission to appeal against that sentence or order has been determined.
Under section 385(7) of the 2020 Act, Criminal Procedure Rules can extend that period of 56 days where another defendant is tried separately in the Crown Court on the same or related facts alleged in one or more indictments.]
28.5 Application to vary or discharge a compensation, etc. order
(1) This rule applies where on application by the defendant a magistrates’ court can vary or discharge—
(a) a compensation order; or
(b) a slavery and trafficking reparation order.
(2) A defendant who wants the court to exercise that power must—
(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;
(b) serve the application on the magistrates’ court officer;
(c) where the order was made in the Crown Court, serve a copy of the application on the Crown Court officer; and
(d) in the application, specify the order that the defendant wants the court to vary or discharge and explain (as applicable)—
(i) what civil court finding shows that the injury, loss or damage was less than it had appeared to be when the order was made,
(ii) in what circumstances the person for whose benefit the order was made has recovered the property for the loss of which it was made,
(iii) why a confiscation order, unlawful profit order or slavery and trafficking reparation order makes the defendant now unable to pay compensation or reparation in full, or
(iv) in what circumstances the defendant’s means have been reduced substantially and unexpectedly, and why they seem unlikely to increase for a considerable period.
(3) The court officer must serve a copy of the application on the person for whose benefit the order was made.
(4) The court must not vary or discharge the order unless—
(a) the defendant, and the person for whose benefit it was made, each has had an opportunity to make representations at a hearing (whether or not either in fact attends); and
(b) where the order was made in the Crown Court, the Crown Court has notified its consent.
[Note. For the circumstances in which—
(a) the court may make a compensation order, see section 133 of the Sentencing Act 2020;
(b) the court may make a slavery and trafficking reparation order, see section 8 of the Modern Slavery Act 2015;
(c) a magistrates’ court with power to enforce such an order may vary or discharge it under the 2020 Act, see section 143. (Under section 143(3), where the order was made in the Crown Court, the magistrates’ court must first obtain the Crown Court’s consent.)]
28.6 Application to remove, revoke or suspend a disqualification or restriction
(1) This rule applies where, on application by the defendant, the court can remove, revoke or suspend a disqualification or restriction included in a sentence (except a disqualification from driving).
(2) A defendant who wants the court to exercise such a power must—
(a) apply in writing, no earlier than the date on which the court can exercise the power;
(b) serve the application on the court officer; and
(c) in the application—
(i) specify the disqualification or restriction, and
(ii) explain why the defendant wants the court to remove, revoke or suspend it.
(3) The court officer must serve a copy of the application on the chief officer of police for the local justice area.
[Note. Part 29 contains rules about disqualification from driving. See in particular rule 29.2.
Part 34 (Appeal to the Crown Court) and Part 35 (Appeal to the High Court by case stated) contain rules about applications to suspend disqualifications pending appeal.
For the circumstances in which the court may—
(a) remove a disqualification from keeping a dog, see section 4(6) of the Dangerous Dogs Act 1991. The court may not consider an application made within 1 year of the disqualification; or, after that, within 1 year of any previous application that was refused.
(b) revoke or suspend a travel restriction order against a defendant convicted of drug trafficking, see section 35 of the Criminal Justice and Police Act 2001. The court may not consider an application made within 2 years of the disqualification, in any case; or, after that, before a specified period has expired.]
28.7 Application for a restitution order by the victim of a theft
(1) This rule applies where, on application by the victim of a theft, the court can order a defendant to give that person goods obtained with the proceeds of goods stolen in that theft.
(2) A person who wants the court to exercise that power if the defendant is convicted must—
(a) apply in writing as soon as practicable (without waiting for the verdict);
(b) serve the application on the court officer; and
(c) in the application—
(i) identify the goods, and
(ii) explain why the applicant is entitled to them.
(3) The court officer must serve a copy of the application on each party.
(4) The court must not determine the application unless the applicant and each party has had an opportunity to make representations at a hearing (whether or not each in fact attends).
(5) The court may—
(a) extend (even after it has expired) the time limit under paragraph (2); and
(b) allow an application to be made orally.
[Note. For the circumstances in which the court may order—
(a) the return of stolen goods, see section 147 of the Sentencing Act 2020;
(b) the defendant to give the victim of the theft goods that are not themselves the stolen goods but which represent their proceeds, see section 147(1)(b) of the 2020 Act.]
28.8 Directions for commissioning medical reports for sentencing purposes
(1) This rule applies where for sentencing purposes the court requires—
(a) a medical examination of the defendant and a report; or
(b) information about the arrangements that could be made for the defendant where the court is considering—
(i) a hospital order, or
(ii) a guardianship order.
(2) The court must―
(a) identify each issue in respect of which the court requires expert medical opinion and the legislation applicable;
(b) specify the nature of the expertise likely to be required for giving such opinion;
(c) identify each party or participant by whom a commission for such opinion must be prepared, who may be―
(i) a party (or party’s representative) acting on that party’s own behalf,
(ii) a party (or party’s representative) acting on behalf of the court, or
(iii) the court officer acting on behalf of the court;
(d) where there are available to the court arrangements with the National Health Service under which an assessment of a defendant’s mental health may be prepared, give such directions as are needed under those arrangements for obtaining the expert report or reports required;
(e) where no such arrangements are available to the court, or they will not be used, give directions for the preparation of a commission or commissions for an expert report or expert reports, including―
(i) such directions as can be made about supplying the expert or experts with the defendant’s medical records,
(ii) directions about the other information, about the defendant and about the offence or offences alleged to have been committed by the defendant, which is to be supplied to each expert, and
(iii) directions about the arrangements that will apply for the payment of each expert;
(f) set a timetable providing for—
(i) the date by which a commission is to be delivered to each expert,
(ii) the date by which any failure to accept a commission is to be reported to the court,
(iii) the date or dates by which progress in the preparation of a report or reports is to be reviewed by the court officer, and
(iv) the date by which each report commissioned is to be received by the court; and
(g) identify the person (each person, if more than one) to whom a copy of a report is to be supplied, and by whom.
(3) A commission addressed to an expert must—
(a) identify each issue in respect of which the court requires expert medical opinion and the legislation applicable;
(b) include—
(i) the information required by the court to be supplied to the expert,
(ii) details of the timetable set by the court, and
(iii) details of the arrangements that will apply for the payment of the expert;
(c) identify the person (each person, if more than one) to whom a copy of the expert’s report is to be supplied; and
(d) request confirmation that the expert from whom the opinion is sought—
(i) accepts the commission, and
(ii) will adhere to the timetable.
[Note. See also rule 3.10 (directions for commissioning medical reports in connection with fitness to participate in the trial, etc.).
For sentencing purposes the court may request a medical examination of the defendant and a report under—
(a) section 35 of the Mental Health Act 1983, under which the court may order the defendant’s detention in hospital to obtain a medical report;
(b) section 36 of the 1983 Act, under which the Crown Court may order the defendant’s detention in hospital instead of in custody pending trial or sentence;
(c) section 37 of the 1983 Act, under which the court may order the defendant’s detention and treatment in hospital, or make a guardianship order, instead of disposing of the case in another way (section 37(3) allows a magistrates’ court to make such an order without convicting the defendant if satisfied that the defendant did the act or made the omission charged);
(d) section 38 of the 1983 Act, under which the court may order the defendant’s temporary detention and treatment in hospital instead of disposing of the case in another way;
(e) section 232 of the Sentencing Act 2020, under which the court must usually obtain and consider a medical report before passing a custodial sentence if the defendant is, or appears to be, suffering from a mental disorder;
(f) paragraphs 16 and 17 in Part 9 of Schedule 9 to the 2020 Act (in the case of a defendant aged 18 or over), or paragraphs 28 and 29 in Part 12 of Schedule 6 to that Act (in the case of a defendant who is under 18), under which the court may impose a mental health treatment requirement.
For the purposes of the legislation listed in (b), (c) and (d) above, the court requires the written or oral evidence of at least two registered medical practitioners, at least one of whom is approved as having special experience in the diagnosis or treatment of mental disorder. For the purposes of (a), (e) and (f), the court requires the evidence of one medical practitioner so approved.
Under section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, a magistrates’ court may adjourn a trial to obtain medical reports.
Part 19 (Expert evidence) contains rules about the content of expert medical reports.
For the authorities from whom the court may require information about hospital treatment or guardianship, see sections 39 and 39A of the 1983 Act.
The Practice Direction includes a timetable for the commissioning and preparation of a report or reports which the court may adopt with such adjustments as the court directs.
Payments to medical practitioners for reports and for giving evidence are governed by section 19(3) of the Prosecution of Offences Act 1985 and by the Costs in Criminal Cases (General) Regulations 1986, regulation 17 (Determination of rates or scales of allowances payable out of central funds), regulation 20 (Expert witnesses, etc.) and regulation 25 (Written medical reports). The rates and scales of allowances payable under those Regulations are determined by the Lord Chancellor.]
28.9 Information to be supplied on committal to custody or admission to hospital or guardianship
(1) This rule applies where the court—
(a) orders the defendant’s committal to custody on withholding bail or on sentencing;
(b) orders the defendant’s detention and treatment in hospital; or
(c) makes a guardianship order.
(2) Where paragraph (1)(a) applies, unless the court otherwise directs the court officer must, as soon as practicable, serve on or make available to the custodian any psychiatric, psychological or other medical report about the defendant received by the court for the purposes of the case.
(3) Where paragraph (1)(b) or (c) applies, unless the court otherwise directs the court officer must, as soon as practicable, serve on or make available to (as applicable) the hospital or the guardian—
(a) a record of the court’s order;
(b) such information as the court has received that appears likely to assist in treating or otherwise dealing with the defendant, including information about—
(i) the defendant’s mental condition,
(ii) the defendant’s other circumstances, and
(iii) the circumstances of the offence.
[Note. Rule 13.3 provides for the terms of a warrant for detention or imprisonment. Rule 13.4 provides for the information that such a warrant must contain.
For the circumstances in which the court may order the defendant’s detention and treatment in hospital, see sections 35, 36, 37, 38 and 44 of the Mental Health Act 1983. For the circumstances in which the court may make a guardianship order, see the same section 37.]
(1) This rule applies where a magistrates’ court or the Crown Court (‘the transferring court’)—
(a) commits, remits or transfers a case to another court—
(i) for sentence, or
(ii) for the defendant to be dealt with for breach of a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by that other court;
(b) deals with a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by another court; or
(c) makes an order that another court is, or may be, required to enforce.
(2) Unless the transferring court otherwise directs, the court officer must, as soon as practicable—
(a) where paragraph (1)(a) applies, make available to the other court of a record of any relevant—
(i) certificate of conviction,
(ii) magistrates’ court register entry,
(iii) decision about bail, for the purposes of section 5 of the Bail Act 1976,
(iv) note of evidence,
(v) statement or other document introduced in evidence,
(vi) medical or other report,
(vii) representation order or application for such order,
(viii) interim driving disqualification, and
(ix) statement by the court for the purposes of section 70(5) of the Proceeds of Crime Act 2002;
(b) where paragraph (1)(b) or (c) applies, make available to the other court the transferring court’s order; and
(c) in every case, notify the defendant and, where the defendant is under 16, a parent or guardian, of the location of the other court.
[Note. For the circumstances in which—
(a) a magistrates’ court may (and, in some cases, must) commit the defendant to the Crown Court for sentence, see rules 9.15 (Committal for sentence of offence related to an offence sent for trial), 24.11 (Procedure if the court convicts) and 28.13 (Sentencing, etc. after committal to the Crown Court) (the note to rule 28.13 summarises the statutory provisions that apply);
(b) a magistrates’ court may adjourn the case to another magistrates’ court for sentence, see section 10 of the Magistrates’ Courts Act 1980 and section 28 of the Sentencing Act 2020;
(c) a magistrates’ court or the Crown Court may (and, in some cases, must) adjourn the case to a youth court for sentence, see sections 25 and 26 of the 2020 Act;
(d) a youth court may adjourn the case to a magistrates’ court for sentence, see section 27 of the 2020 Act;
(e) a magistrates’ court may transfer a fine to be enforced to another court, see sections 89 and 90 of the 1980 Act;
(f) the Crown Court may remit the defendant to a magistrates’ court for sentence after committal for sentence to the Crown Court, or following a guilty plea in the Crown Court, see section 25A of the 2020 Act. Under section 25A(3) of the Act, in deciding whether to remit a defendant the Crown Court must take into account (a) any other related offence before the Crown Court (whether the same, or a different, person is accused or has been convicted of the other offence), and (b) any allocation guideline.
For the court’s powers where it convicts a defendant who is subject to a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by another court, see section 10 of, and Schedules 2 and 16 to, the 2020 Act.
Under section 132 of the 2020 Act, a fine imposed or other sum ordered to be paid in the Crown Court is enforceable by a magistrates’ court specified in the order, or from which the case was committed or sent to the Crown Court.
See also sections 212(4), 298(4) and 190(4) of the 2020 Act and section 1A(9) of the Street Offences Act 1959.
See also rule 9.16 (Sending back or referring case for magistrates’ court trial), which applies to the exercise of the Crown Court’s powers under (a) section 46ZA of the Senior Courts Act 1981, and (b) paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998.]
28.11 Assistance to an investigator, etc.: applications under the Sentencing Act 2020
(1) This rule applies where on application by the prosecutor the Crown Court can—
(a) reduce a sentence that it passes, under section 74 or section 388 of the Sentencing Act 2020 (assistance or agreement to assist before or after sentence); or
(b) increase a sentence that it has passed, under section 387 of the Sentencing Act 2020 (failure after sentence to give agreed assistance).
(2) A prosecutor who wants the court to exercise that power must—
(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;
(b) serve the application on—
(i) the court officer, and
(ii) the defendant; and
(c) in the application—
(i) explain why the sentence should be reduced, or increased, as appropriate, and
(ii) identify any other matter relevant to the court’s decision, including any sentencing guideline or guideline case.
(3) The general rule is that the application must be determined by the judge who passed the sentence, unless that judge is unavailable.
(4) The court must not determine the application in the defendant’s absence unless the defendant has had an opportunity to make representations at a hearing (whether or not the defendant in fact attends).
[Note. Under section 74 of the Sentencing Act 2020, the Crown Court may pass a lesser sentence than it otherwise would have passed because the defendant has assisted, or has agreed to assist, an investigator or prosecutor in relation to an offence.
Under sections 387 and 388 of the 2020 Act, where the Crown Court has sentenced a defendant a prosecutor may apply to the court—
(a) to reduce the sentence, if the defendant subsequently assists, or agrees to assist, in the investigation or prosecution of an offence; or
(b) to increase a reduced sentence to that which the court otherwise would have passed, if the defendant agreed to give such assistance but subsequently has knowingly failed to do so.
Such an application may be made only wherethe defendant is still serving the sentence and the prosecutor thinks it is in the interests of justice to apply.]
28.12 Assistance to an investigator, etc.: confidential information for the sentencing court
(1) This rule applies where in the exercise of its inherent power the court can reduce a sentence that it passes in a case in which the defendant has assisted an investigator or prosecutor before being sentenced.
(2) An officer who has not been involved in the investigation or prosecution in respect of which the defendant is to be sentenced must prepare a text for the sentencing court which—
(a) describes the capacity in which the defendant provided assistance, and in particular whether the defendant is a covert human intelligence source with the meaning of the Regulation of Investigatory Powers Act 2000;
(b) gives details of the assistance provided;
(c) describes the effort expended by the defendant in obtaining such information as has been supplied;
(d) gives an indication of whether the defendant is willing to give evidence in support of a prosecution;
(e) assesses the risk, if any, to the defendant or to the defendant’s family or associates occasioned by the assistance provided;
(f) assesses the benefit already derived by investigating or prosecuting agencies in consequence of the assistance provided, and in particular give details of any related arrest, conviction or recovery or confiscation of property;
(g) gives details of any financial reward received by the defendant for the assistance;
(h) assesses the potential future use of assistance provided or expected from the defendant; and
(i) includes a statement of whether the defendant does or does not wish any legal representative or advocate acting for the defendant to be made aware of the existence of the text.
(3) Before the court passes sentence—
(a) the officer who prepared the text must—
(i) arrange for its delivery in confidence to the sentencing court and for its subsequent return to the officer, and
(ii) ensure that the prosecution advocate is aware of the existence of the text and of its content; and
(b) the sentencing court—
(i) must consider the content of the text,
(ii) by signature, initial or other endorsement on the text must indicate that it has been considered, and
(iii) must not make, or allow to be made, any other court record of the receipt and consideration of the text.
(4) When passing sentence the court must not—
(a) refer, directly or indirectly, to the text; or
(b) include in the explanation of sentence required by rule 24.11(9) or rule 25.16(7) any indication of the extent, if any, of the effect on sentence of the content of the text.
(5) In the event of an appeal in which the defendant’s sentence is or may be in issue—
(a) the officer who prepared the text must arrange for its delivery in confidence to the appeal court and for its subsequent return to the officer; and
(b) the appeal court must take such measures as may be required to maintain the confidentiality of the text.
[Note. Under section 26(8) of the Regulation of Investigatory Powers Act 2000 a person is a covert human intelligence source if that person (a) establishes or maintains a personal or other relationship with a person for the covert purpose of facilitating the doing of anything falling within (b) or (c); (b) covertly uses such a relationship to obtain information or to provide access to any information to another person; or (c) covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.]
28.13 Sentencing, etc. after committal to the Crown Court
(1) This rule applies where a magistrates’ court commits the defendant to the Crown Court—
(a) for sentence; or
(b) to be dealt with under other powers available to the Crown Court after a defendant’s conviction.
(2) Rule 25.16 (Trial and sentence in the Crown Court; Procedure if the court convicts) applies as if the defendant had been convicted in the Crown Court.
(3) As well as supplying the information required for sentencing purposes by rule 25.16(3), the prosecutor must identify any offence in respect of which the Crown Court cannot deal with the defendant in a way in which it could have done if the defendant had been convicted in the Crown Court, including—
(a) an offence—
(i) committed for sentence under section 18 or 19, as the case may be, of the Sentencing Act 2020, and
(ii) in respect of which the magistrates’ court did not state the opinion to which section 18(4) or 19(3) of that Act refers;
(b) an offence committed for sentence under section 20 of the 2020 Act; and
(c) an offence—
(i) committed to the Crown Court under section 70 of the Proceeds of Crime Act 2002, and
(ii) in respect of which the magistrates’ court did not make the statement to which section 70(5) of that Act refers.
[Note. A magistrates’ court may commit a convicted defendant to the Crown Court for sentence under—
(a) section 14 of the Sentencing Act 2020 (Committal for sentence on summary trial of offence triable either way: adults and corporations) where the defendant is over 18 or is a corporation, the offence is one triable either way and the court is of the opinion that the offence of which the defendant has been convicted, or the combination of that offence and one or more offences associated with it, was so serious that the Crown Court should have the power to deal with the defendant in any way that that court could have done if the defendant had been convicted there;
(b) section 16 of the 2020 Act (Committal for sentence of young offenders on summary trial of certain serious offences) where the defendant is under 18, the offence of which the defendant has been convicted is one to which section 16 refers (offences punishable with imprisonment for 14 years or more and certain sexual offences), and the court is of the opinion that the offence of which the defendant has been convicted, or the combination of that offence and one or more offences associated with it, was such that the Crown Court should have the power to impose a sentence of detention under section 250 of the Act;
(c) section 16A of the 2020 Act (Committal for sentence of young offenders on summary trial of certain terrorist offences) where the defendant is under 18, the offence of which the defendant has been convicted is one within section 252A of the Act (terrorism offences attracting special sentence for offenders of particular concern) and the court is of the opinion that the offence of which the defendant has been convicted, or the combination of that offence and one or more offences associated with it, was such that the Crown Court should have the power to impose a sentence of detention for more than 2 years under section 252A;
(d) section 18 of the 2020 Act (Committal for sentence on indication of guilty plea to offence triable either way: adult offenders) where the defendant is over 18 and the court has sent the defendant to the Crown Court for trial for a related offence;
(e) section 19 of the 2020 Act (Committal for sentence on indication of guilty plea by child with related offences) where the defendant is under 18, the court has sent the defendant to the Crown Court for trial for a related offence, and the offence of which the defendant has been convicted is one to which section 19 refers (offences punishable with imprisonment for 14 years or more and certain sexual offences); or
(f) section 20 of the 2020 Act (Committal in certain cases where offender committed in respect of another offence) where the court commits the defendant to the Crown Court for sentence for an offence under any of sections 14 to 19 of the Act, or under one of the other provisions to which section 20 refers, and—
(i) if that offence is an indictable offence, then the court may also commit the defendant for sentence for any other offence, or
(ii) if that offence is a summary offence, then the court may also commit the defendant for sentence for any other offence of which the court itself has convicted the defendant and which is punishable with imprisonment or disqualification from driving, and for any suspended sentence with which the committing court could deal.
A magistrates’ court must commit a convicted defendant to the Crown Court for sentence under—
(a) section 15 of the Sentencing Act 2020 (Committal for sentence of dangerous adult offenders) where the defendant is over 18, the offence of which the defendant has been convicted is one to which section 15 refers, and the court is of the opinion that an extended sentence of detention or imprisonment would be available in relation to the offence; or
(b) section 17 of the 2020 Act (Committal for sentence of dangerous young offenders) where the defendant is under 18, the offence of which the defendant has been convicted is one to which section 17 refers, and the court is of the opinion that an extended sentence of detention would be available in relation to the offence.
Under sections 21 and 22 of the Sentencing Act 2020 (Power of Crown Court on committal for sentence of offender under section 14, 15 or 18; Power of Crown Court on committal for sentence of person under 18 under section 16, 16A, 17 or 19), where the defendant is committed for sentence under any of sections 14 to 19 of that Act the Crown Court may deal with the defendant in any way in which it could have done if the defendant had been convicted in that court, unless—
(a) the defendant was committed for sentence under section 18 or 19;
(b) the magistrates’ court did not state the opinion to which either section 18(4) or 19(3), whichever applies, refers (see also rule 9.15 (Committal for sentence for offence related to an offence sent for trial)); and
(c) the defendant is not convicted in the Crown Court of any offence for which the magistrates’ court sent the defendant for trial,
in which event the Crown Court may deal with the defendant only in a way in which the magistrates’ court could have done.
Under section 23 of the 2020 Act (Power of Crown Court on committal for sentence under section 20), where the defendant is committed for sentence under section 20 of the Act the Crown Court may deal with the defendant only in a way in which the magistrates’ court could have done except in relation to any suspended sentence committed under that section, in respect of which the Crown Court may exercise its usual powers on dealing with such a breach.
For other powers of a magistrates’ court to commit a defendant to the Crown Court for sentence or otherwise to deal with the defendant, see—
(a) the provisions listed in section 24 of the 2020 Act (Further powers to commit offender to the Crown Court to be dealt with); and
(b) paragraph 11(2) of Schedule 16 to the 2020 Act, under which a magistrates’ court may commit the defendant to the Crown Court to be dealt with there if the magistrates’ court convicts the defendant of an offence during the operational period of a suspended sentence order made by the Crown Court.
The provisions listed in section 24 of the 2020 Act include section 70 of the Proceeds of Crime Act 2002. Under that section, if a magistrates’ court commits a defendant to the Crown Court so that a confiscation order can be considered then the court also 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. Under section 71 of the 2002 Act, the Crown Court may deal with the defendant in any way in which it could have done if the defendant had been convicted in that court, unless the magistrates’ court did not make the statement to which section 70(5) refers. See also rule 24.11(10)(e), which refers to that statement.]
29.1 Representations about obligatory disqualification or endorsement
(1) This rule applies—
(a) where the court—
(i) convicts the defendant of an offence involving obligatory disqualification from driving and section 34(1) of the Road Traffic Offenders Act 1988 (Disqualification for certain offences) applies,
(ii) convicts the defendant of an offence where section 35 of the 1988 Act (Disqualification for repeated offences) applies, or
(iii) convicts the defendant of an offence involving obligatory endorsement of the defendant’s driving record and section 44 of the 1988 Act (Orders for endorsement) applies;
(b) unless the defendant is absent.
(2) The court must explain, in terms the defendant can understand (with help, if necessary)—
(a) where paragraph (1)(a)(i) applies (obligatory disqualification under section 34)—
(i) that the court must order the defendant to be disqualified from driving for a minimum of 12 months (or 2 or 3 years, as the case may be, according to the offence and the defendant’s driving record), unless the court decides that there are special reasons to order disqualification for a shorter period, or not to order disqualification at all, and
(ii) if applicable, that the period of disqualification will be reduced by at least 3 months if, by no later than 2 months before the end of the reduced period, the defendant completes an approved driving course;
(b) where paragraph (1)(a)(ii) applies (disqualification under section 35)—
(i) that the court must order the defendant to be disqualified from driving for a minimum of 6 months (or 1 or 2 years, as the case may be, according to the defendant’s driving record), unless, having regard to all the circumstances, the court decides to order disqualification for a shorter period, or not to order disqualification at all, and
(ii) that circumstances of which the court cannot take account in making its decision are any that make the offence not a serious one; hardship (other than exceptional hardship); and any that during the last 3 years already have been taken into account by a court when ordering disqualification for less than the usual minimum period, or not at all, for repeated driving offences;
(c) where paragraph (1)(a)(iii) applies (obligatory endorsement), that the court must order the endorsement of the defendant’s driving record unless the court decides that there are special reasons not to do so; and
(d) in every case, as applicable—
(i) that the court already has received representations from the defendant about whether any such special reasons or mitigating circumstances apply and will take account of them, or
(ii) that the defendant may make such representations now, on oath or affirmation.
(3) Unless the court already has received such representations from the defendant, before it applies rule 24.11 (magistrates’ court procedure if the court convicts) or rule 25.16 (Crown Court procedure if the court convicts), as the case may be, the court must—
(a) ask whether the defendant wants to make any such representations; and
(b) if the answer to that question is ‘yes’, require the defendant to take an oath or affirm and make them.
[Note. For the circumstances in which the court—
(a) may, and in some cases must, order disqualification from driving under the Road Traffic Offenders Act 1988, see sections 26, 34, 35 and 36 of that Act;
(b) may, for some reasons or in some circumstances, abbreviate or dispense with a period of disqualification otherwise required by the 1988 Act, see sections 34(1) and 35(1), (4) of that Act;
(c) must usually order endorsement, see sections 9, 44 and 96 of, and Schedule 2 to, the 1988 Act.
For the circumstances in whichthe period of a disqualification from driving must or may be extended where the court also imposes a custodial sentence, see sections 35A and 35B of the 1988 Act.
For the circumstances in whichthe period of a disqualification from driving will be reduced if the defendant completes an approved driving course, see section 34A of the 1988 Act.]
29.2 Application to remove a disqualification from driving
(1) This rule applies where, on application by the defendant, the court can remove a disqualification from driving.
(2) A defendant who wants the court to exercise that power must—
(a) apply in writing, no earlier than the date on which the court can exercise the power;
(b) serve the application on the court officer; and
(c) in the application—
(i) specify the disqualification, and
(ii) explain why the defendant wants the court to remove it.
(3) The court officer must serve a copy of the application on the chief officer of police for the local justice area.
[Note. For the circumstances in which the court may remove a disqualification from driving imposed under section 34 or 35 of the Road Traffic Offenders Act 1988, see section 42 of the Act. The court may not consider an application made within 2 years of the disqualification, in any case; or, after that, before a specified period has expired.]
29.3 Information to be supplied on order for endorsement of driving record, etc.
(1) This rule applies where the court—
(a) convicts the defendant of an offence involving obligatory endorsement, and orders there to be endorsed on the defendant’s driving record (and on any counterpart licence, if other legislation requires)—
(i) particulars of the conviction,
(ii) particulars of any disqualification from driving that the court imposes, and
(iii) the penalty points to be attributed to the offence;
(b) disqualifies the defendant from driving for any other offence; or
(c) suspends or removes a disqualification from driving.
(2) The court officer must, as soon as practicable, serve on the Secretary of State notice that includes details of—
(a) where paragraph (1)(a) applies—
(i) the local justice area in which the court is acting,
(ii) the dates of conviction and sentence,
(iii) the offence, and the date on which it was committed,
(iv) the sentence, and
(v) the date of birth, and sex, of the defendant, where those details are available;
(b) where paragraph (1)(b) applies—
(i) the date and period of the disqualification, and
(ii) the power exercised by the court; and
(c) where paragraph (1)(c) applies—
(i) the date and period of the disqualification,
(ii) the date and terms of the order for its suspension or removal,
(iii) the power exercised by the court, and
(iv) where the court suspends the disqualification pending appeal, the court to which the defendant has appealed.
[Note. See sections 39(3), 42(5), 44A, 47 and 97A of the Road Traffic Offenders Act 1988.
Under section 25 of the 1988 Act, the court may order a defendant to disclose his or her date of birth, and sex, where that is not apparent (for example, where the defendant is convicted in his or her absence). Under section 27 of the 1988 Act, and under section 168 of the Sentencing Act 2020, the court may order a defendant to produce his or her driving licence, if not already produced.
For the circumstances in which the court—
(a) must usually order endorsement, see sections 9, 44 and 96 of, and Schedule 2 to, the 1988 Act;
(b) may, and in some cases must, order disqualification from driving under the 1988 Act, see sections 26, 34, 35 and 36 of that Act;
(c) may order disqualification from driving under the 2020 Act, see sections 163 and 164 of that Act;
(d) may suspend a disqualification from driving pending appeal, see sections 39 and 40 of the 1988 Act (Part 34 (Appeal to the Crown Court) and Part 35 (Appeal to the High Court by case stated) contain relevant rules);
(e) may remove a disqualification from driving imposed under section 34 or 35 of the 1988 Act, see section 42 of that Act (rule 29.2 applies).]
29.4 Statutory declaration to avoid fine after fixed penalty notice
(1) This rule applies where—
(a) a chief officer of police, or the Secretary of State, serves on the magistrates’ court officer a certificate registering, for enforcement as a fine, a sum payable by a defendant after failure to comply with a fixed penalty notice;
(b) the court officer notifies the defendant of the registration; and
(c) the defendant makes a statutory declaration with the effect that there become void—
(i) the fixed penalty notice, or any associated notice sent to the defendant as owner of the vehicle concerned, and
(ii) the registration and any enforcement proceedings.
(2) The defendant must serve that statutory declaration not more than 21 days after service of notice of the registration, unless the court extends that time limit.
(3) The court officer must—
(a) serve a copy of the statutory declaration on the person by whom the certificate was registered;
(b) cancel any endorsement on the defendant’s driving record (and on any counterpart licence, if other legislation requires); and
(c) notify the Secretary of State of any such cancellation.
[Note. See sections 72(1), ... (6A), 73(1) and 74(2) of the Road Traffic Offenders Act 1988.
For the circumstances in which—
(a) a sum may be registered for enforcement as a fine after failure to comply with a fixed penalty notice, see sections 54, 55, 62, 63, 64, 70 and 71 of the 1988 Act;
(b) the registration may become void on the making of a statutory declaration by the defendant, see sections 72 and 73 of the 1988 Act.
Under rule 2.11 (Taking of statutory declarations by court officers) a court officer may take the statutory declaration to which this rule refers.]
29.5 Application for declaration about a course or programme certificate decision
(1) This rule applies where the court can declare unjustified—
(a) a course provider’s failure or refusal to give a certificate of the defendant’s satisfactory completion of an approved course; or
(b) a programme provider’s giving of a certificate of the defendant’s failure fully to participate in an approved programme.
(2) A defendant who wants the court to exercise that power must—
(a) apply in writing, not more than 20 business days after—
(i) the date by which the defendant was required to complete the course, or
(ii) the giving of the certificate of failure fully to participate in the programme;
(b) serve the application on the court officer; and
(c) in the application, specify the course or programme and explain (as applicable)—
(i) that the course provider has failed to give a certificate,
(ii) where the course provider has refused to give a certificate, why the defendant disagrees with the reasons for that decision, or
(iii) where the programme provider has given a certificate, why the defendant disagrees with the reasons for that decision.
(3) The court officer must serve a copy of the application on the course or programme provider.
(4) The court must not determine the application unless the defendant, and the course or programme provider, each has had an opportunity to make representations at a hearing (whether or not either in fact attends).
[Note. For the circumstances in which the court may reduce a road traffic penalty on condition that the defendant attend an approved course, or take part in an approved programme, see sections 30A, 34A and 34D of the Road Traffic Offenders Act 1988.
Under sections 30B, 34B and 34E of the 1988 Act, the court that made the order, or the defendant’s local magistrates’ court, on application by the defendant may review a course or programme provider’s decision that the defendant has not completed the course satisfactorily, or has not participated fully in the programme.]
29.6 Appeal against recognition of foreign driving disqualification
(1) This rule applies where—
(a) a Minister gives a disqualification notice under section 57 of the Crime (International Co-operation) Act 2003; and
(b) the person to whom it is given wants to appeal under section 59 of the Act to a magistrates’ court.
(2) That person (‘the appellant’) must serve an appeal notice on—
(a) the court officer, at a magistrates’ court in the local justice area in which the appellant lives; and
(b) the Minister, at the address given in the disqualification notice.
(3) The appellant must serve the appeal notice within the period for which section 59 of the 2003 Act provides.
(4) The appeal notice must—
(a) attach a copy of the disqualification notice;
(b) explain which of the conditions in section 56 of the 2003 Act is not met, and why section 57 of the Act therefore does not apply; and
(c) include any application to suspend the disqualification, under section 60 of the Act.
(5) The Minister may serve a respondent’s notice, and must do so if—
(a) the Minister wants to make representations to the court; or
(b) the court so directs.
(6) The Minister must—
(a) unless the court otherwise directs, serve any such respondent’s notice not more than 10business days after—
(i) the appellant serves the appeal notice, or
(ii) a direction to do so; and
(b) in any such respondent’s notice—
(i) identify the grounds of opposition on which the Minister relies,
(ii) summarise any relevant facts not already included in the disqualification and appeal notices, and
(iii) identify any other document that the Minister thinks the court will need to decide the appeal (and serve any such document with the notice).
(7) Where the court determines an appeal, the general rule is that it must do so at a hearing (which must be in public, unless the court otherwise directs).
(8) The court officer must serve on the Minister—
(a) notice of the outcome of the appeal;
(b) notice of any suspension of the disqualification; and
(c) the appellant’s driving licence, if surrendered to the court officer.
[Note. Section 56 of the Crime (International Co-operation) Act 2003 sets out the conditions for recognition in the United Kingdom of a foreign driving disqualification, and provides that section 57 of the Act applies where they are met. Under section 57, the appropriate Minister may, and in some cases must, give the person concerned notice that he or she is disqualified in the UK, too, and for what period.
Under section 59 of the 2003 Act, that person may appeal to a magistrates’ court. If the court is satisfied that section 57 of the Act does not apply in that person’s case, the court must allow the appeal and notify the Minister. Otherwise, it must dismiss the appeal.
The time limit for appeal under section 59 of the 2003 Act is the end of the period of 21 days beginning with the day on which the Minister gives the notice under section 57. That period may be neither extended nor shortened.
Under section 60 of the 2003 Act, the court may suspend the disqualification, on such terms as it thinks fit.
Under section 63 of the 2003 Act, it is an offence for a person to whom the Minister gives a notice under section 57 not to surrender any licence that he or she holds, within the same period as for an appeal.]
(1) This Part applies where a magistrates’ court can enforce payment of—
(a) a fine, or a sum that legislation requires the court to treat as a fine; or
(b) any other sum that a court has ordered to be paid—
(i) on a conviction, or
(ii) on the forfeiture of a surety.
(2) Rules 30.7 to 30.9 apply where the court, or a fines officer, issues a warrant for an enforcement agent to take control of a defendant’s goods and sell them, using the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.
(3) In this Part—
(a) ‘defendant’ means anyone liable to pay a sum to which this Part applies;
(b) ‘payment terms’ means by when, and by what (if any) instalments, such a sum must be paid.
[Note. For the means by which a magistrates’ court may enforce payment, see—
(a) Part 3 of the Magistrates’ Courts Act 1980; and
(b) Schedule 5 to the Courts Act 2003 and the Fines Collection Regulations 2006.
Under that Schedule and those Regulations, some enforcement powers may be exercised by a fines officer.
See also section 62 of, and Schedule 12 to, the Tribunals, Courts and Enforcement Act 2007. In that Act, a warrant to which this Part applies is described as ‘a warrant of control’.]
30.2 Exercise of court’s powers; duty of justices’ legal adviser
(1) The court must not exercise its enforcement powers unless—
(a) the court officer has served on the defendant any collection order or other notice of—
(i) the obligation to pay,
(ii) the payment terms, and
(iii) how and where the defendant must pay; and
(b) the defendant has failed to comply with the payment terms.
(2) A justices’ legal adviser must ask such questions as may be needed to obtain information sufficient to allow the court to make such decisions as are required.
[Note. See section 76 of the Magistrates’ Courts Act 1980; and paragraphs 12 and 13 of Schedule5 to the Courts Act 2003.
For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003. See also rule 2.12 (Duties of justices’ legal adviser).]
(1) This rule applies where the defendant makes a payment to—
(a) the court officer specified in an order or notice served under rule 30.2;
(b) another court officer;
(c) any—
(i) custodian of the defendant,
(ii) supervisor appointed to encourage the defendant to pay, or
(iii) responsible officer appointed under a community sentence or a suspended sentence of imprisonment; or
(d) a person executing a warrant to which rule 13.6 (warrants for arrest, detention or imprisonment that cease to have effect on payment) or this Part applies.
(2) The person receiving the payment must—
(a) give the defendant a receipt, unless the method of payment generates an independent record (for example, a bank record); and
(b) as soon as practicable transmit the payment to the court officer specified in an order or notice served under rule 30.2, if the recipient is not that court officer.
[Note. For the effect of payment to a person executing a warrant to whichrule 13.6 applies, see that rule and sections 79 and 125(1) of the Magistrates’ Courts Act 1980.
For the circumstances in which the court may appoint a person to supervise payment, see section 88 of the 1980 Act.]
(1) This rule applies where—
(a) a collection order is in force;
(b) a fines officer makes a decision under one of these paragraphs of Schedule 5 to the Courts Act 2003—
(i) paragraph 22 (Application to fines officer for variation of order or attachment of earnings order, etc.),
(ii) paragraph 31 (Application to fines officer for variation of reserve terms), or
(iii) paragraph 37 (Functions of fines officer in relation to defaulters: referral or further steps notice); and
(c) the defendant wants to appeal against that decision.
(2) Unless the court otherwise directs, the defendant must—
(a) appeal in writing not more than 10 business days after the decision;
(b) serve the appeal on the court officer; and
(c) in the appeal—
(i) explain why a different decision should be made, and
(ii) specify the decision that the defendant proposes.
(3) Where the court determines an appeal, the general rule is that it must do so at a hearing.
[Note. Under paragraph 12 of Schedule 5 to the Courts Act 2003, where a collection order is in force the court’s powers to deal with the defendant’s liability to pay the sum for which that order was made are subject to the provisions of that Schedule and to fines collection regulations.
For the circumstances in which a defendant may appeal against a decision to which this rule applies, see paragraphs 23, 32 and 37(9) of Schedule 5 to the 2003 Act. The time limit for appeal is prescribed by those paragraphs. It may be neither extended nor shortened.]