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660 provisions
3.25 Representations in response to application for preparatory hearing
(1) This rule applies where a party wants to make representations about—
(a) an application for a preparatory hearing; or
(b) an application for a trial without a jury.
(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 service of the application; and
(c) ask for a hearing, if that party wants one, and explain why it is needed.
(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 for an order must explain why the conditions for making it are not met.
At the beginning of a preparatory hearing, the court must—
(a) announce that it is such a hearing; and
(b) take the defendant’s plea under rule 3.32 (Arraigning the defendant on the indictment), unless already done.
[Note. See section 8 of the Criminal Justice Act 1987 and section 30 of the Criminal Procedure and Investigations Act 1996.]
(1) The defendant must notify the court officer of the identity of the intended defence trial advocate―
(a) as soon as practicable, and in any event no later than the day of the plea and trial preparation hearing; and
(b) in writing, or orally at that hearing.
(2) The defendant must notify the court officer in writing of any change in the identity of the intended defence trial advocate as soon as practicable, and in any event not more than 5 business days after that change.
3.28 Application to stay case for abuse of process
(1) This rule applies where a defendant wants the Crown Court to stay the case on the grounds that the proceedings are an abuse of the court, or otherwise unfair.
(2) Such a defendant must—
(a) apply in writing—
(i) as soon as practicable after becoming aware of the grounds for doing so,
(ii) at a pre-trial hearing, unless the grounds for the application do not arise until trial, and
(iii) in any event, before the defendant pleads guilty or the jury (if there is one) retires to consider its verdict at trial;
(b) serve the application on—
(i) the court officer, and
(ii) each other party; and
(c) in the application—
(i) explain the grounds on which it is made,
(ii) include, attach or identify all supporting material,
(iii) specify relevant events, dates and propositions of law, and
(iv) identify any witness the applicant wants to call to give evidence in person.
(3) A party who wants to make representations in response to the application must serve the representations on—
(a) the court officer; and
(b) each other party,
not more than 10 business days after service of the application.
3.29 Application for joint or separate trials, etc.
(1) This rule applies where a party wants the Crown Court to order—
(a) the joint trial of—
(i) offences charged by separate indictments, or
(ii) defendants charged in separate indictments;
(b) separate trials of offences charged by the same indictment;
(c) separate trials of defendants charged in the same indictment; or
(d) the deletion of a count from an indictment.
(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) before the trial begins, unless the grounds for the application do not arise until trial;
(b) serve the application on—
(i) the court officer, and
(ii) each other party; and
(c) in the application—
(i) specify the order proposed, and
(ii) explain why it should be made.
(3) A party who wants to make representations in response to the application must serve the representations on—
(a) the court officer; and
(b) each other party,
not more than 10 business days after service of the application.
(4) Where the same indictment charges more than one offence, the court may exercise its power to order separate trials of those offences if of the opinion that—
(a) the defendant otherwise may be prejudiced or embarrassed in his or her defence (for example, where the offences to be tried together are neither founded on the same facts nor form or are part of a series of offences of the same or a similar character); or
(b) for any other reason it is desirable that the defendant should be tried separately for any one or more of those offences.
[Note. See section 5 of the Indictments Act 1915. Rule 10.2 (The indictment: general rules) governs the form and content of an indictment.
Any issue arising from a decision under this rule may be subject to appeal to the Court of Appeal. Part 37 (Appeal to the Court of Appeal against ruling at preparatory hearing), Part 38 (Appeal to the Court of Appeal against ruling adverse to prosecution) and Part 39 (Appeal to the Court of Appeal about conviction or sentence) each contains relevant rules. The powers of the Court of Appeal on an appeal to which Part 39 applies are set out in sections 2, 3 and 7 of the Criminal Appeal Act 1968.]
3.30 Order for joint or separate trials, or amendment of the indictment
(1) This rule applies where the Crown Court makes an order—
(a) on an application to which rule 3.29 (Application for joint or separate trials, etc.) applies; or
(b) amending an indictment in any other respect.
(2) Unless the court otherwise directs, the court officer must endorse any paper copy of each affected indictment made for the court with—
(a) a note of the court’s order; and
(b) the date of that order.
(1) This rule applies where a defendant wants the Crown Court to give an indication of the maximum sentence that would be passed if a guilty plea were entered when the indication is sought.
(2) Such a defendant must—
(a) apply in writing as soon as practicable; and
(b) serve the application on—
(i) the court officer, and
(ii) the prosecutor.
(3) The application must—
(a) specify—
(i) the offence or offences to which it would be a guilty plea, and
(ii) the facts on the basis of which that plea would be entered; and
(b) include the prosecutor’s agreement to, or representations on, that proposed basis of plea.
(4) The prosecutor must—
(a) provide information relevant to sentence, including—
(i) any previous conviction of the defendant, and the circumstances where relevant, and
(ii) any statement of the effect of the offence on the victim, the victim’s family or others; and
(b) identify any other matter relevant to sentence, including—
(i) the legislation applicable,
(ii) any sentencing guidelines, or guideline cases, and
(iii) aggravating and mitigating factors.
(5) The hearing of the application—
(a) may take place in the absence of any other defendant; and
(b) must be attended by—
(i) the applicant defendant’s legal representatives (if any), and
(ii) the prosecution advocate.
(1) In order to take the defendant’s plea, the Crown Court must—
(a) if more than one indictment has been preferred or proposed, or more than one draft indictment has been presented where rule 10.3 applies—
(i) identify the indictment or indictments that the prosecutor wants to be read to or placed before the defendant under this rule, and
(ii) identify any draft indictment, 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—
(i) that each indictment (or draft indictment, as the case may be) that the prosecutor wants to be read to or placed before the defendant sets out a statement of each offence that the prosecutor wants the court to try and such particulars of the conduct constituting the commission of each such offence as the prosecutor relies upon to make clear what is alleged, and
(ii) of the order in which the prosecutor wants the defendants’ names to be listed in each indictment, if the prosecutor proposes that more than one defendant should be tried at the same time;
(c) ensure that the defendant is correctly identified by each indictment or draft indictment that the prosecutor wants to be read to or placed before the defendant;
(d) satisfy itself that each allegation has been explained to the defendant, in terms the defendant can understand (with help, if necessary); and
(e) in respect of each count on which the prosecutor wants to proceed—
(i) read the count aloud to the defendant, or arrange for it to be read aloud or placed before the defendant in writing,
(ii) ask whether the defendant pleads guilty or not guilty to the offence charged by that count, and
(iii) take the defendant’s plea.
(2) Where a count is read which is substantially the same as one already read aloud, then only the materially different details need be read aloud.
(3) Where a count is placed before the defendant in writing, the court must summarise its gist aloud.
(4) In respect of each count in an indictment read to or placed before the defendant—
(a) if the defendant declines to enter a plea, the court must treat that as a not guilty plea unless rule 25.10 applies (Defendant unfit to plead);
(b) if the defendant pleads not guilty to the offence charged by that count but guilty to another offence of which the court could convict on that count—
(i) if the prosecutor and the court accept that plea, the court must treat the plea as one of guilty of that other offence, but
(ii) otherwise, the court must treat the plea as one of not guilty; and
(c) if the defendant pleads a previous acquittal or conviction of the offence charged by that count—
(i) the defendant must identify that acquittal or conviction in writing, explaining the basis of that plea, and
(ii) the court must exercise its power to decide whether that plea disposes of that count.
(5) In a case in which a magistrates’ court sends the defendant for trial, the Crown Court must take the defendant’s plea—
(a) not less than 10 business days after the date on which that sending takes place, unless the parties otherwise agree; and
(b) not more than 80 business days after that date, unless the court otherwise directs (either before or after that period expires).
(6) Unless the court otherwise directs, no further proceedings may be taken on a draft indictment, indictment or count in an indictment on which under this rule the prosecutor chooses not to proceed.
[Note. See section 6 of the Criminal Law Act 1967, section 77 of the Senior Courts Act 1981 and section 122 of the Criminal Justice Act 1988. Part 10 contains rules about the content and service of indictments: see in particular rule 10.2 (The indictment: general rules).
Under section 6(2) of the 1967 Act, on an indictment for murder a defendant may instead be convicted of manslaughter or another offence specified by that provision. Under section 6(3) of that Act, on an indictment for an offence other than murder or treason a defendant may instead be convicted of another offence if—
(a) the allegation in the indictment amounts to or includes an allegation of that other offence; and
(b) the Crown Court has power to convict and sentence for that other offence.]
(1) Unless the court otherwise directs, the court officer must arrange for a Crown Court trial to take place in a courtroom provided by the Lord Chancellor.
(2) The court officer must arrange for the court and the jury (if there is one) to view any place required by the court.
[Note. See section 3 of the Courts Act 2003 and section 14 of the Juries Act 1974.
In some circumstances the court may conduct all or part of the hearing outside a courtroom.]
Where a Crown Court trial will take place in Wales and a participant wishes to use the Welsh language—
(a) that participant must serve notice on the court officer, or arrange for such a notice to be served on that participant’s behalf—
(i) at or before the plea and trial preparation hearing, or
(ii) in accordance with any direction given by the court; and
(b) if such a notice is served, the court officer must arrange for an interpreter to attend.
[Note. See section 22 of the Welsh Language Act 1993.]
3.35 Live link direction: exercise of court’s powers
(1) The court may exercise its power to give, vary or rescind a live link direction under sections 51 and 52 of the Criminal Justice Act 2003 or under sections 206A and 206B of the Extradition Act 2003—
(a) at a hearing, in public or in private, or without a hearing; and
(b) on an application under rule 3.36 (Content of application for a live link direction) or on its own initiative.
(2) Whether it acts on an application or on its own initiative, the court must not give, vary or rescind a live link direction unless—
(a) the court is satisfied that it is in the interests of justice to do so; and
(b) each party and (if applicable) any representative of the youth offending team whose functions are exercisable in relation to a defendant—
(i) is present, or
(ii) has had an opportunity to make representations.
(3) In deciding whether to give a live link direction the court must consider—
(a) any guidance given by the Lord Chief Justice under section 51(5)(a) of the Criminal Justice Act 2003; and
(b) all the circumstances of the case.
(4) Those circumstances include in particular—
(a) the availability of the proposed participant by live link;
(b) any potential need for that person to attend in person instead of by live link;
(c) any views which that person may have expressed;
(d) the suitability of the facilities at the place where that person would take part by live link if the direction were given;
(e) that person’s ability to take part effectively if the direction were given (and see paragraph (5));
(f) if the proposed direction is for a person to give evidence by live link—
(i) the importance of that person’s evidence to the case, and
(ii) any potential for the proposed direction to inhibit a party from effectively testing that evidence;
(g) if the proposed direction is for a person to take part by live link from a place outside the United Kingdom, any permission needed from a court or other authority in that place; and
(h) arrangements for members of the public to see and hear proceedings at which a person takes part by live link (and see paragraph (6)).
(5) In assessing a person’s ability to take part effectively by live link, where that person is a defendant the court must have regard to, among other things―
(a) whether that defendant will be represented at the hearing for which the live link is proposed; and
(b) what other assistance will be available to that defendant at that hearing (for example, an intermediary).
(6) In assessing arrangements for members of the public to see and hear proceedings the court must have regard to, among other things, the terms of any direction under section 85A of the Courts Act 2003 (Remote observation and recording of proceedings by direction of the court).
(7) Where the proposed live link direction is for a person to take part by live link from a place outside the United Kingdom, the party in respect of whose case it is sought must assist the court by―
(a) finding out whether permission is needed from a court or other authority in that place;
(b) preparing any formal request needed to obtain that permission; and
(c) obtaining any such permission required.
(8) Where the court refuses an application to give, vary or rescind a live link direction the court must announce in public its reasons for doing so.
[Note. See sections 51, 52, 52A and 53 of the Criminal Justice Act 2003 and sections 206A to 206C of the Extradition Act 2003.]
3.36 Content of application for a live link direction
(1) An applicant for a live link direction under section 51 of the Criminal Justice Act 2003 must—
(a) apply in writing as soon as reasonably practicable;
(b) serve the application on—
(i) the court officer, and
(ii) each other party; and
(c) ask for a hearing of the application, if the applicant wants one, and explain why it is needed.
(2) The application must—
(a) specify the hearing or hearings in respect of which the applicant wants the direction to apply;
(b) identify each person to whom the applicant wants the direction to apply and specify—
(i) each one whom the applicant wants to give evidence by live link, and
(ii) each one whom the applicant wants to take part by live link without giving evidence;
(c) in respect of each such person, specify the type of live link proposed (either video or audio);
(d) unless the court otherwise directs, identify the place where each such person will take part if the direction is given;
(e) identify any material circumstances relating to—
(i) the availability of the proposed participant by live link,
(ii) any potential need for that participant to attend in person, not by live link,
(iii) any views which that participant may have expressed,
(iv) the suitability of the facilities at the place where that participant would take part by live link if the direction were given,
(v) any permission needed from a court or other authority in a place outside the United Kingdom from where, if the direction were given, the participant would take part by live link, and
(vi) that participant’s ability to take part effectively if the direction were given;
(f) if the proposed direction is for a person to give evidence by live link, identify any material circumstances relating to—
(i) the importance of that person’s evidence to the case, and
(ii) any potential for the proposed direction to inhibit a party from effectively testing that evidence;
(g) explain why it is in the interests of justice for each proposed participant by live link to take part by those means; and
(h) if the applicant wants a witness to be accompanied by another person while giving evidence—
(i) name that other person, if possible, and
(ii) explain why it is appropriate for that witness to be accompanied, including the witness’ own views.
3.37 Application to vary or rescind a live link direction
(1) A party who wants the court to vary or rescind a live link direction 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 direction was given;
(b) explain why it is in the interests of justice to vary or rescind the direction; and
(c) ask for a hearing, if the applicant wants one, and explain why it is needed.
[Note. See section 52 of the Criminal Justice Act 2003.]
3.38 Application containing information withheld from another party
(1) This rule applies where—
(a) an applicant serves an application for a live link direction, or for its variation or rescission; 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.
(1) This rule applies where a party wants to make representations about an application for a live link direction or for the variation or rescission of such a direction.
(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 service of the application; and
(c) ask for a hearing, if that party wants one, and explain why it is needed.
(3) Representations must explain why it is not in the interests of justice for the direction to be given, varied or rescinded, as the case may be.
Other provisions affecting case management
Case management may be affected by the following other rules and legislation:
Criminal Procedure Rules
Part 8 Initial details of the prosecution case
Part 9 Allocation and sending for trial
Part 10 The indictment
Part 15 Disclosure
Parts 16 – 23: the rules that deal with evidence
Part 24 Trial and sentence in a magistrates’ court
Part 25 Trial and sentence in the Crown Court
Regulations
The Prosecution of Offences (Custody Time Limits) Regulations 1987
The Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005
The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011
Acts of Parliament
Sections 10 and 18, Magistrates’ Courts Act 1980: powers to adjourn hearings
Sections 128 and 129, Magistrates’ Courts Act 1980: remand in custody by magistrates’ courts
Sections 19 and 24A, Magistrates’ Courts Act 1980 and sections 51 and 51A, Crime and Disorder Act 1998: allocation and sending for trial
Section 2, Administration of Justice (Miscellaneous Provisions) Act 1933: procedural conditions for trial in the Crown Court
Sections 8A and 8B, Magistrates’ Courts Act 1980: pre-trial hearings in magistrates’ courts
Section 7, Criminal Justice Act 1987; Parts III and IV, Criminal Procedure and Investigations Act 1996: pre-trial and preparatory hearings in the Crown Court
Section 9, Criminal Justice Act 1967: proof by written witness statement
Part 1, Criminal Procedure and Investigations Act 1996: disclosure.]
(1) The rules in this Part apply to the service of—
(a) every document in a case to which these Rules apply; and
(b) any document which other legislation allows or requires to be served in accordance with these Rules.
(2) The rules apply subject to any special rules in other legislation (including other Parts of these Rules) or in the Practice Direction.
(3) In this Part, ‘the relevant court office’ means—
(a) in relation to a case in a magistrates’ court or in the Crown Court, an office—
(i) at which that court’s business is administered, and
(ii) the address or electronic address of which is advertised by the Lord Chancellor at the date of service as that at which that type of document must be served;
(b) in relation to an application to a High Court judge for permission to serve a draft indictment—
(i) in London, the King’s Bench Listing Office, Royal Courts of Justice, Strand, London WC2A 2LL,
(ii) elsewhere, the office at which court staff administer the business of any court then constituted of a High Court judge, and
(iii) in either case, the electronic address which is advertised by the Lord Chancellor at the date of service as that at which such an application must be served;
(c) in relation to an extradition appeal case in the High Court—
(i) the Administrative Court Office, Royal Courts of Justice, Strand, London WC2A 2LL, and
(ii) the electronic address which is advertised by the Lord Chancellor at the date of service as that at which that type of document must be served; and
(d) where the recipient is the Registrar of Criminal Appeals—
(i) the Criminal Appeal Office, Royal Courts of Justice, Strand, London WC2A 2LL, and
(ii) the electronic address which is advertised by the Lord Chancellor at the date of service as that at which that type of document must be served.
[Note. The following provisions allow or require the service of documents in accordance with Criminal Procedure Rules—
(a) section 243 of the Road Traffic Act 1960 (notice requiring identification of driver);
(b) section 29(A1) of the Misuse of Drugs Act 1971 (notice or other document required by Act to be served);
(c) paragraph 8(3) of the Schedule to the Prices Act 1974 (notice of intended prosecution);
(d) paragraph 10 of Schedule 4 to the Salmon and Freshwater Fisheries Act 1975(surrender of licence to court officer);
(e) section 5(1) of the Isle of Man Act 1979(summons or process requiring a person in the Isle of Man to attend a criminal court in England and Wales);
(f) section 82(5F) of the Magistrates’ Courts Act 1980(notice of hearing to consider issue of warrant of commitment);
(g) section 72 of the Public Passenger Vehicles Act 1981(notice requiring identification of driver);
(h) section 19(4A) of the Video Recordings Act 1984 (copy of certificate of examination);
(i) section 83(4) of the Weights and Measures Act 1985 (notice of intended prosecution for offence);
(j) sections 164(10) and 172(7) of the Road Traffic Act 1988 (notice requiring verification of date of birth; notice requiring identification of driver);
(k) sections 1(1ZA), 12(1) and (3), 16(6), 25(7) and 85(A2) of the Road Traffic Offenders Act 1988 (notice of intended prosecution; notice requiring identification of driver; analyst’s certificate; notice requiring attendance of analyst; notice requiring verification of date of birth; other specified documents);
(l) section 35(7) of the Transport and Works Act 1992(documentary evidence as to breath and other specimens);
(m) section 60(11) of, and paragraphs 4(5) and 5(3) of Schedule 5 to, the Powers of Criminal Courts (Sentencing) Act 2000(attendance centre order); and
(n) section 27(1) of the Criminal Justice and Police Act 2001 (notice in connection with proposed closure of premises).]
(1) A document may be served by any of the methods described in rules 4.3 to 4.6 (subject to rules 4.7 and 4.10), or in rule 4.8.
(2) Where a document may be served by electronic means under rule 4.6, the general rule is that the person serving it must use that method.
(1) A document may be served on—
(a) an individual by handing it to him or her;
(b) a corporation by handing it to a person holding a senior position in that corporation;
(c) an individual or corporation who is legally represented in the case by handing it to that legal representative;
(d) the prosecution by handing it to the prosecutor or to the prosecution representative; and
(e) the court officer or the Registrar of Criminal Appeals by handing it to a court officer with authority to accept it at the relevant court office.
(2) If an individual is under 18, a copy of a document served under paragraph (1)(a) must be handed to his or her parent, or another appropriate adult, unless no such person is readily available.
(3) Unless the court otherwise directs, for the purposes of paragraph (1)(c) or (d) (service by handing a document to a party’s representative) ‘representative’ includes an advocate appearing for that party at a hearing.
[Note. Some legislation treats a body that is not a corporation as if it were one for the purposes of rules about service of documents. See for example section 143 of the Adoption and Children Act 2002.]
(1) A document may be served by addressing it to the person to be served and leaving it at the appropriate address for service under this rule, or by sending it to that address by first class post or by the equivalent of first class post.
(2) The address for service under this rule on—
(a) an individual is an address where it is reasonably believed that he or she will receive it;
(b) a corporation is its principal office, and if there is no readily identifiable principal office then any place where it carries on its activities or business;
(c) an individual or corporation who is legally represented in the case is that legal representative’s office;
(d) the prosecution is the prosecutor’s office;
(e) the court officer or the Registrar of Criminal Appeals is the relevant court office.
[Note. In addition to service in England and Wales for which these rules provide, service outside England and Wales may be allowed under other legislation. See—
(a) section 39 of the Criminal Law Act 1977 (service of summons, etc. in Scotland and Northern Ireland);
(b) section 1139(4) of the Companies Act 2006 (service of copy summons, etc. on company’s registered office in Scotland and Northern Ireland);
(c) sections 3, 4, 4A and 4B of the Crime (International Co-operation) Act 2003 (service of summons, etc. outside the United Kingdom) and rules 49.1 and 49.2; and
(d) section 1139(2) of the Companies Act 2006 (service on overseas company).]
(1) This rule applies where—
(a) the person to be served—
(i) has given a document exchange (DX) box number, and
(ii) has not refused to accept service by DX; or
(b) the person to be served is legally represented in the case and the legal representative has given a DX box number.
(2) A document may be served by—
(a) addressing it to that person or legal representative, as appropriate, at that DX box number; and
(b) leaving it at—
(i) the document exchange at which the addressee has that DX box number, or
(ii) a document exchange at which the person serving it has a DX box number.
(3) Where the person to be served under this rule is the court officer, the address for service is the relevant court office.
(1) This rule applies where—
(a) the person to be served—
(i) has given an electronic address and has not refused to accept service at that address, or
(ii) is given access to an electronic address at which a document may be deposited and has not refused to accept service by the deposit of a document at that address; or
(b) the person to be served is legally represented in the case and the legal representative—
(i) has given an electronic address, or
(ii) is given access to an electronic address at which a document may be deposited.
(2) A document may be served—
(a) by sending it by electronic means to the address which the recipient has given; or
(b) by depositing it at an address to which the recipient has been given access and—
(i) in every case, making it possible for the recipient to read the document, or view or listen to its content, as the case may be,
(ii) unless the court otherwise directs, making it possible for the recipient to make and keep an electronic copy of the document, and
(iii) notifying the recipient of the deposit of the document (which notice may be given by electronic means).
(3) Where the person to be served under this rule is the court officer—
(a) the address for service is the relevant court office; and
(b) if service is by deposit under paragraph (2)(b), notice of that deposit—
(i) must be given only where arrangements for use of the electronic address advertised under rule 4.1(3) so require, and
(ii) if so required, must be given in accordance with those arrangements.
(4) Where a document is served under this rule the person serving it need not provide a paper copy as well.
4.7 Documents that must be served by specified methods
An application or written statement, and notice, under rule 48.9 alleging contempt of court may be served—
(a) on an individual, only under rule 4.3(1)(a) (by handing it to him or her); and
(b) on a corporation, only under rule 4.3(1)(b) (by handing it to a person holding a senior position in that corporation).
(1) A person in custody may serve a document by handing it to the custodian addressed to the person to be served.
(2) The custodian must—
(a) endorse it with the time and date of receipt;
(b) record its receipt; and
(c) forward it promptly to the addressee.
(1) The court may allow service of a document by a method—
(a) other than those described in rules 4.3 to 4.6 and in rule 4.8; and
(b) other than one specified by rule 4.7, where that rule applies.
(2) An order allowing service by another method must specify—
(a) the method to be used; and
(b) the date on which the document will be served.
4.10 Documents that may not be served on a legal representative
Unless the court otherwise directs, service on a party’s legal representative of any of the following documents is not service of that document on that party—
(a) a summons, requisition, single justice procedure notice or witness summons;
(b) notice of an order under section 25 of the Road Traffic Offenders Act 1988;
(c) a notice of registration under section 71(6) of that Act;
(d) notice of a hearing to review the postponement of the issue of a warrant of detention or imprisonment under section 77(6) of the Magistrates’ Courts Act 1980;
(e) notice under section 86 of that Act of a revised date to attend a means inquiry;
(f) any notice or document served under Part 14 (Bail and custody time limits);
(g) notice under rule 24.15(a) of when and where an adjourned hearing will resume;
(h) notice under rule 28.5(3) of an application to vary or discharge a compensation order;
(i) notice under rule 28.10(2)(c) of the location of the sentencing or enforcing court;
(j) a collection order, or notice requiring payment, served under rule 30.2(a); or
(k) an application or written statement, and notice, under rule 48.9 alleging contempt of court.
(1) A document served under rule 4.3 or rule 4.8 is served on the day it is handed over.
(2) Unless something different is shown, a document served on a person by any other method is served—
(a) in the case of a document left at an address, on the next business day after the day on which it was left;
(b) in the case of a document sent by first class post or by the equivalent of first class post, on the second business day after the day on which it was posted or despatched;
(c) in the case of a document served by document exchange, on the second business day after the day on which it was left at a document exchange allowed by rule 4.5;
(d) in the case of a document served by electronic means—
(i) on the day on which the document is sent under rule 4.6(2)(a) or on which notice of its deposit is given under rule 4.6(2)(b), if that day is a business day and if the document is so sent or that notice is given by no later than 2.30pm that day,
(ii) if the document is an application for permission to refer a sentencing case under rule 41.2 (Service of notice of reference and application for permission), on the day on which the document is so sent or on which notice of its deposit is so given if that day is a business day and if that document is sent or the notice given by no later than 5pm that day,
(iii) in an extradition appeal case in the High Court, on the day on which the document is so sent or on which notice of its deposit is so given if that day is a business day and if the document is sent or the notice given by no later than 4.30pm that day (or by no later than midnight at the end of that day if the document is an appeal notice served under rule 50.19 (Service of appeal notice)),
(iv) on the day of its deposit under rule 4.6(2)(b), if that day is a business day and if under rule 4.6(3)(b) no notice of deposit is required, or
(v) otherwise, on the next business day after it was sent, deposited or such notice was given; and
(e) in any case, on the day on which the addressee responds to it, if that is earlier.
(3) Unless something different is shown, a document produced by a computer system for dispatch by post is to be taken as having been sent by first class post, or by the equivalent of first class post, to the addressee on the business day after the day on which it was produced.
(4) Where a document is served on or by the court officer or the Registrar of Criminal Appeals, ‘business day’ does not include a day on which the relevant court office is closed.
4.13 Court’s power to give directions about service
(1) The court may specify the time as well as the date by which a document must be—
(a) served under rule 4.3 (Service by handing over a document) or rule 4.8 (Service by person in custody); or
(b) sent or deposited by electronic means, if it is served under rule 4.6.
(2) The court may treat a document as served if the addressee responds to it even if it was not served in accordance with the rules in this Part.
5.1 Applications, etc. by forms or electronic means
(1) This rule applies where a rule, a practice direction or the court requires a person to—
(a) make an application or give a notice;
(b) supply information for the purposes of case management by the court; or
(c) supply information needed for other purposes by the court.
(2) Unless the court otherwise directs, such a person must—
(a) use such electronic arrangements as the court officer may make for that purpose, in accordance with those arrangements; or
(b) if no such arrangements have been made, use the appropriate form issued under the Practice Direction or the Criminal Costs Practice Direction, in accordance with those Directions.
(1) Any Welsh language form issued under the Practice Direction or the Criminal Costs Practice Direction is for use in connection with proceedings in courts in Wales.
(2) Both a Welsh form and an English form may be contained in the same document.
(3) Where only a Welsh form, or only the corresponding English form, is served—
(a) the following words in Welsh and English must be added:
Darperir y ddogfen hon yn Gymraeg / Saesneg os bydd arnoch ei heisiau. Dylech wneud cais yn ddi-oed i (swyddog y llys) (rhodder yma’r cyfeiriad)
This document will be provided in Welsh / English if you require it. You should apply immediately to (the court officer) (address)
; and
(b) the court officer, or the person who served the form, must, on request, supply the corresponding form in the other language to the person served.
(1) This rule applies where a form provides for its signature.
(2) Unless other legislation otherwise requires, or the court otherwise directs, signature may be by any written or electronic authentication of the form by, or with the authority of, the signatory.
[Note. Section 7 of the Electronic Communications Act 2000 provides for the use of an electronic signature in an electronic communication.]
(1) For each case, as appropriate, the court officer must record, by such means as the Lord Chancellor directs—
(a) each charge or indictment against the defendant;
(b) the defendant’s plea to each charge or count;
(c) each acquittal, conviction, sentence, determination, direction or order;
(d) each decision about bail;
(e) the power exercised where the court commits or adjourns the case to another court—
(i) for sentence, or
(ii) for the defendant to be dealt with for breach of a community order, a deferred sentence, a conditional discharge, or a suspended sentence of imprisonment, imposed by that other court;
(f) the court’s reasons for a decision, where legislation requires those reasons to be recorded;
(g) any appeal;
(h) each party’s presence or absence at each hearing;
(i) any consent that legislation requires before the court can proceed with the case, or proceed to a decision;
(j) in a magistrates’ court—
(i) any indication of sentence given by the court,
(ii) the registration of a fixed penalty notice for enforcement as a fine, and any related endorsement on a driving record,
(iii) the power exercised where the court sends the defendant to the Crown Court for trial for an offence,
(iv) any statement made by the court under section 70(5) of the Proceeds of Crime Act 2002 (statement that if the court were not committing the defendant for consideration of a confiscation order then it would have committed the defendant to the Crown Court for sentence for an offence under section 14, 16 or 16A of the Sentencing Act 2020),
(v) any opinion given by the court under section 18(4) or 19(3) of the Sentencing Act 2020 (opinion that if the court were not committing the defendant for sentence under section 18 or 19 of the 2020 Act then it could, or would be required to, commit the defendant to the Crown Court for sentence for the offence under one of sections 14, 15, 16, 16A or 17 of that Act), and
(vi) the exercise of a power to which paragraph (3) applies (judges exercising powers of District Judges (Magistrates’ Courts));
(k) in the Crown Court—
(i) any request for assistance or other communication about the case received from a juror,
(ii) the date and time at which the court gives the jury directions about the law under rule 25.14(2) or (3)(a),
(iii) the date and time at which the court gives the jury other assistance in writing under rule 25.14(5), and
(iv) the date, time and subject matter of submissions and rulings that relate to such directions and assistance;
(l) the identity of—
(i) the prosecutor,
(ii) the defendant,
(iii) any other applicant to whom these Rules apply,
(iv) any interpreter or intermediary,
(v) the parties’ legal representatives, if any, and
(vi) the judge, magistrate or magistrates, justices’ legal adviser or other person who made each recorded decision;
(m) where a defendant is entitled to attend a hearing, any agreement by the defendant to waive that right;
(n) where interpretation is required for a defendant, any agreement by that defendant to do without the written translation of a document; ...
(o) any order made by the court on an application under rule 5.8(8) which prohibits a supply of information by the court officer without the court’s permission ; and
(p) any view announced by the court on passing sentence that an offence involved domestic abuse within the meaning of the Domestic Abuse Act 2021.
(2) Such records must include—
(a) each party’s and representative’s address, including any electronic address and telephone number available;
(b) the defendant’s date of birth, if available; and
(c) the date of each event and decision recorded.
(3) Where a judge acting under section 66 of the Courts Act 2003 (Judges having powers of District Judges (Magistrates’ Courts)) exercises the power of a magistrates’ court, the court officer then assisting that judge must—
(a) record, by such means as the Lord Chancellor directs, the magistrates’ court power exercised by that judge; and
(b) as soon as practicable arrange the transmission to the magistrates’ court of—
(i) that record, and
(ii) a record of the circumstances in which that power was exercised.
(4) Where a court record appears to the court officer to be incorrect the officer must correct it if—
(a) the parties agree on the terms of the correction; or
(b) the court so directs.
(5) Where a court (“the receiving court”), or a party to the proceedings before that court, questions the accuracy of a record of a decision by a court (“the transferring court”) which sent a case for trial, committed, remitted or transferred a case for sentence or other determination, or from which an appeal has been brought to the receiving court—
(a) the court officer for the transferring court must review that record;
(b) if that record appears to be correct then the court officer for the transferring court must so inform the receiving court as soon as practicable, explaining that conclusion; and
(c) if that record appears to be incorrect then the court officer must correct it.
[Note. For the duty to keep court records, see sections 5 and 8 of the Public Records Act 1958.
Requirements to record the court’s reasons for its decision are contained in: section 5 of the Bail Act 1976; section 47(1) of the Road Traffic Offenders Act 1988; sections 20, 33A and 33BB of the Youth Justice and Criminal Evidence Act 1999; section 174 of the Criminal Justice Act 2003; and rule 6.8.
The prosecution of some offences requires the consent of a specified authority. Requirements for the defendant’s consent to proceedings in his or her absence are contained in sections 23 and 128 of the Magistrates’ Courts Act 1980.
In the circumstances for which it provides, section 20 of the Magistrates’ Courts Act 1980 allows the court to give an indication of whether a custodial or non-custodial sentence is more likely in the event of a guilty plea at trial in that court: see also rule 9.11(3). Rules 3.16 and 9.13 provide for sentencing indications in other circumstances in magistrates’ courts.
Requirements to register fixed penalty notices and to record any related endorsement of a driving record are contained in sections ... 57A and 71 of the Road Traffic Offenders Act 1988.
Under section 66 of the Courts Act 2003, every holder of a judicial office listed in that section has the powers of a justice of the peace who is a District Judge (Magistrates’ Courts) in relation to criminal causes and matters. The list includes Circuit judges and judges of the High Court and Court of Appeal.
For agreement to do without a written translation in a case in which the defendant requires interpretation, see rule 3.8(5).
Where a court record accurately records a court’s decision but a party (a) wants the court to change that decision, or (b) questions the court’s power to make that decision, see rules 28.4 (Variation of sentence) and 44.3 (Reopening a case in a magistrates’ court; Setting aside a conviction or varying a costs, etc. order).]
5.5 Recording and transcription of proceedings in the Crown Court
(1) Where someone may appeal to the Court of Appeal, paragraphs (2) to (4) apply and the court officer must—
(a) arrange for the recording of the proceedings in the Crown Court, unless the court otherwise directs; and
(b) arrange for the transcription of such a recording if—
(i) the Registrar wants such a transcript, or
(ii) anyone else wants such a transcript (but that is subject to the restrictions in paragraph (2)).
(2) Unless the court otherwise directs, a person who transcribes a recording of proceedings under such arrangements—
(a) may only supply a transcript of a recording of a hearing in private to—
(i) the Registrar, or
(ii) an individual who was present at that hearing;
(b) if the recording of a hearing in public contains information to which reporting restrictions apply, may only supply a transcript containing that information to—
(i) the Registrar, or
(ii) a recipient to whom that supply will not contravene those reporting restrictions; but
(c) subject to paragraph (2)(a) and (b), must supply any person with any transcript for which that person asks—
(i) in accordance with the transcription arrangements made by the court officer, and
(ii) on payment by that person of any fee prescribed.
(3) A party who wants to hear a recording of proceedings must—
(a) apply—
(i) in writing to the Registrar, if an appeal notice has been served where Part 36 applies (Appeal to the Court of Appeal: general rules), or
(ii) orally or in writing to the Crown Court officer;
(b) explain the reasons for the request; and
(c) pay any fee prescribed.
(4) If the Crown Court or the Registrar so directs, the Crown Court officer must allow that party to hear a recording of—
(a) a hearing in public; and
(b) a hearing in private, if the applicant was present at that hearing.
(5) Where the court exercises at a hearing a power to which Part 47 applies (Investigation orders and warrants)—
(a) the court officer must arrange for the recording of that hearing unless the court otherwise directs; and
(b) paragraphs (6) to (9) apply.
(6) A party or person affected by the exercise of that power who wants to hear such a recording or who wants a transcript of such a recording must—
(a) apply in writing to the court officer;
(b) explain the reasons for the request; and
(c) pay any fee prescribed.
(7) On an application under paragraph (6) to hear a recording the court officer may allow the applicant to do so—
(a) where the hearing was in public;
(b) where the hearing was in private only if the applicant was present at that hearing; and
(c) subject to any direction by the court.
(8) On an application under paragraph (6) for a transcript of a recording the court officer may arrange for transcription—
(a) where the hearing was in public;
(b) where the hearing was in private only if the applicant was present at that hearing; and
(c) subject to any direction by the court.
(9) A person who transcribes such a recording—
(a) must supply a transcript of a hearing in public to any applicant under paragraph (6), subject to paragraph (9)(b);
(b) if the recording of a hearing in public contains information to which reporting restrictions apply, may only supply a transcript containing that information to a recipient to whom that supply will not contravene those restrictions;
(c) may only supply a transcript of a hearing in private to a recipient who was present at that hearing; and
(d) must supply any such transcript—
(i) in accordance with the transcription arrangements made by the court officer, and
(ii) on payment of any fee prescribed.
[Note. Under section 32 of the Criminal Appeal Act 1968Criminal Procedure Rules may provide for the making of a record of any proceedings in respect of which an appeal lies to the Court of Appeal and for the making and supply of a transcript of such a record.
For the circumstances in which reporting restrictions may apply, see the provisions listed in the note to rule 6.1. In summary, reporting restrictions prohibit the publication of the information to which they apply where that publication is likely to lead members of the public to acquire the information concerned.]
Unless the court otherwise directs, in respect of each case the court officer must—
(a) keep—
(i) any evidence, application, representation or other material served by the parties, and
(ii) any evidence or other material prepared for the court; or
(b) arrange for the whole or any part to be kept by some other appropriate person, subject to—
(i) any condition imposed by the court, and
(ii) the rules in Part 34 (Appeal to the Crown Court) and Part 36 (Appeal to the Court of Appeal: general rules) about keeping exhibits pending any appeal.
(1) Where rules 5.8, 5.9, 5.10 and 5.11 apply, as well as furthering the overriding objective in accordance with rules 1.2 and 1.3 the court officer and the court must have regard to the importance of—
(a) dealing with criminal cases in public;
(b) allowing a public hearing to be reported to the public; and
(c) the rights of a person affected by a direction or order made, or warrant issued, by the court to understand why that decision was made.
(2) In rules 5.10 and 5.11 this requirement is called ‘the open justice principle’.
(1) This rule—
(a) applies where anyone, including a member of the public or a reporter, requests information about a case including information contained in materials kept by the court officer for the purposes of the case; and
(b) applies where a party or other person wants the court to prohibit a supply of information without the court’s permission which affects that party or person and which otherwise would be required by this rule; but
(c) does not apply if rule 5.12 applies (Request for certificate, extract or information under other legislation).
(2) A person requesting information must—
(a) ask the court officer;
(b) specify the information requested; and
(c) pay any fee prescribed.
(3) A request for information—
(a) may be made orally or in writing, and need not explain why the information is requested, if this rule requires the court officer to supply that information; but
(b) must be in writing, unless the court otherwise permits, and must explain why the information is requested, if this rule does not so require.
(4) Subject to paragraph (5), the court officer must supply to the person making the request—
(a) the date of a hearing in public;
(b) the statement of each alleged offence (but not the particulars of offence) and any plea entered;
(c) the court’s decision—
(i) at a hearing in public,
(ii) to grant or withhold bail, or to impose or vary a bail condition (but not the terms of any such condition), or
(iii) about the committal, sending or transfer of the case to another court;
(d) whether the case is under appeal;
(e) the outcome of the case;
(f) the identity of—
(i) the prosecutor,
(ii) the defendant, including the defendant’s date of birth,
(iii) the parties’ representatives, including their addresses, and
(iv) the judge, magistrate or magistrates, or justices’ legal adviser by whom a decision at a hearing in public was made;
(g) such other information about the case as is required by arrangements to which paragraph (6)(c) refers;
(h) details of any reporting or access restriction ordered by the court; and
(i) notice that reporting restrictions may apply to the publication of information supplied under this rule.
(5) The court officer must not supply the information requested if—
(a) the supply of that information is prohibited by—
(i) a reporting restriction or other order or requirement to withhold information from the public, or
(ii) an order made on an application under paragraph (8);
(b) that information is—
(i) the date of a hearing in public of which a party has yet to be notified, or
(ii) a recording arranged under rule 5.5 (Recording and transcription of proceedings in the Crown Court), or a copy or transcript of such a recording;
(c) that information concerns a trial in which the verdict was more than 6 months ago; or
(d) that information is not readily available to the court officer (for example, because of the location or conditions of its storage).
(6) Where the court officer must supply the information requested the supply may be—
(a) by word of mouth;
(b) in writing, including by written certificate or extract from a court record; or
(c) by such other arrangements as the Lord Chancellor directs, including supply by electronic means.
(7) Where this rule does not require the court officer to supply the information requested then unless that information can be supplied under rule 5.9—
(a) the court officer must refer the request to the court; and
(b) rule 5.10 applies.
(8) Where a party or other person wants the court to prohibit a supply of information without the court’s permission which affects that party or person and which otherwise would be required by this rule—
(a) that party or person must serve an application on the court officer;
(b) the application must—
(i) specify the information to which the applicant wants the prohibition to apply,
(ii) explain why that information affects that party or person, and
(iii) explain why the applicant wants the court to prohibit the supply of that information without the court’s permission; and
(c) rule 5.10 applies.
[Note. See also rule 5.7 (The open justice principle).]
5.9 Request for information by a party or person directly affected by a case
(1) This rule applies where a party, or a person directly affected by a direction or order made or warrant issued by the court, wants information about their case including information contained in materials kept by the court officer for the purposes of that case.
(2) Such a party or person must—
(a) ask the court officer;
(b) specify the information requested; and
(c) pay any fee prescribed.
(3) The request—
(a) may be made orally or in writing, and need not explain why the information is requested, if this rule requires the court officer to supply that information; but
(b) must be in writing, unless the court otherwise permits, and must explain why the information is requested, if this rule does not so require.
(4) Subject to paragraph (5), the court officer must supply to the party or person making the request—
(a) information about the terms of any direction or order made, or warrant issued, which was—
(i) served on, or addressed or directed to, that party or person, or
(ii) made on an application by that party or person; and
(b) information received from that party or person (which might be, for example, to establish what information the court holds, or in case of a loss of that information by the party or person making the request).
(5) The court officer must not supply the information requested if that information—
(a) concerns the grounds on which a direction or order was made, or a warrant issued, in the absence of the party or person making the request;
(b) is a recording arranged under rule 5.5 (Recording and transcription of proceedings in the Crown Court), or a copy or transcript of such a recording; or
(c) is not readily available to the court officer (for example, because of the location or conditions of its storage).
(6) Where the court officer must supply the information requested the supply may be, at the choice of the party or person making the request—
(a) by word of mouth;
(b) in writing, including by written certificate or extract from a court record; or
(c) by a copy of a document served by, or on, that party or person (but not of a document not so served).
(7) Where this rule does not require the court officer to supply the information requested—
(a) the court officer must refer the request to the court; and
(b) rule 5.10 applies.
[Note. See also rule 5.7 (The open justice principle).]
5.10 Request or application determined by the court
(1) This rule applies where—
(a) the court officer refers to the court a request for information under rule 5.8 (Request for information about a case) or rule 5.9. (Request for information by a party or person directly affected by a case); or
(b) a party or other person applies to the court under rule 5.8(8) to prohibit a supply of information without the court’s permission.
(2) The court officer must—
(a) serve a request for information on a party or person likely to be affected by it, including—
(i) the applicant for any direction, order or warrant that the request concerns which was made or issued in the absence of the party or person making the request,
(ii) the applicant under rule 5.8(8) for a prohibition that affects the request (or may do so, where that application has yet to be determined), and
(iii) anyone else, and to such extent, as the court directs; and
(b) notify the party or person making the request of—
(i) the date of its service under this rule, and
(ii) the identity of each person served with it, if the court so directs.
(3) If a party or person served with a request for information objects to the supply of the information requested the objector must—
(a) give notice of the objection not more than 20 business days after service of the request, or within any longer period allowed by the court;
(b) serve that notice on the court officer and on the party or person making the request; and
(c) if the objector wants a hearing, explain why one is needed.
(4) A notice of objection to a request for information must explain—
(a) whether the objection is to the supply of the whole of the information requested, or only to the supply of a specified part or specified parts;
(b) whether the objection applies without limit of time, or only for a specified period (for example, until a date or event specified by the objector); and
(c) the grounds of the objection.
(5) Where a notice of objection to a request for information includes material that the objector thinks ought not be revealed to the party or person making the request, the objector must—
(a) omit that material from the notice served on that party or person;
(b) mark the material to show that it is only for the court; and
(c) with that material include an explanation of why it has been withheld.
(6) The court must not determine a request for information, and information requested must not be supplied, until—
(a) each party or person served with the request has had at least 20 business days, or any longer period allowed by the court, in which to object or make other representations; and
(b) the court is satisfied that in all the circumstances every such party or person has had a reasonable opportunity to do so.
(7) The court may determine a request for information or an application under rule 5.8(8)—
(a) at a hearing in public or private, or without a hearing; but
(b) any hearing must be in private, unless the court otherwise directs—
(i) where a request for information concerns a direction, order or warrant made or issued in the absence of the party or person making the request, or
(ii) on an application under rule 5.8(8).
(8) Where a notice of objection to a request for information includes material that the objector thinks ought not be revealed to the party or person making the request—
(a) any hearing of the request may take place, wholly or in part, in the absence of the party or person making it; and
(b) at any such hearing the general rule is that the court must consider, in the following sequence—
(i) representations first by the party or person making the request and then by the objector, in the presence of both, and then
(ii) further representations by the objector, in the absence of the party or person making the request
but the court may direct other arrangements for the hearing.
(9) In deciding whether to order a supply of information requested or to prohibit a supply of information by the court officer without the court’s permission the court must have regard to—
(a) the open justice principle;
(b) any reporting restriction;
(c) rights and obligations under other legislation;
(d) the importance of any public interest in the withholding of that information, or in its supply only in part or subject to conditions (which public interest might be, for example, in preventing injustice, protecting others’ rights, protecting the confidentiality of a criminal investigation or protecting national security); and
(e) the extent to which that information is otherwise available to the party or person making the request.
(10) Where the court orders the supply of information the supply may be, at the court’s direction and on such terms as the court directs—
(a) by word of mouth;
(b) in writing, including by written certificate or extract from a court record;
(c) by a copy of a document; or
(d) by allowing access to a document, including a recording (other than a recording to which rule 5.5 applies (Recording and transcription of proceedings in the Crown Court)).
[Note. See also rule 5.7 (The open justice principle) and rules 5.8(3)(b) and 5.9(3)(b) (which latter two rules require reasons for a request for information the supply of which is not required by rule 5.8(4) or rule 5.9(4)). The two main purposes of the open justice principle as it applies to the supply of information from court records are (i) to enable public scrutiny of the way in which the courts decide cases so as to provide public accountability and secure public confidence; and (ii) to enable public understanding of the justice system. The core aim is to ensure appropriate transparency for the work of the courts and the judges who sit in them. A request for information to be determined under this rule must explain (i) why that information is sought, and (ii) how its supply would advance the open justice principle.
The court’s decision under this rule may be affected by—
(a) a reporting restriction imposed by legislation or by the court (Part 6 lists the reporting restrictions that might apply);
(b) Articles 6, 8 and 10 of the European Convention on Human Rights;
(c) the Rehabilitation of Offenders Act 1974 (section 5 of the Act lists sentences and rehabilitation periods);
(d) section 18 of the Criminal Procedure and Investigations Act 1996, which affects the supply of information about material, other than evidence, disclosed by the prosecutor;
(e) Part 3 of the Data Protection Act 2018 (sections 43(3) and 117 of which make exceptions for criminal proceedings from some other provisions of that Act); and
(f) sections 33, 34 and 35 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which affect the supply of information about applications for legal aid.]
5.11 Publication of information about court hearings, etc.
(1) Where a case is due to be heard in public, the court officer must—
(a) publish the information listed in paragraph (2)—
(i) if that information is available to the court officer, and
(ii) unless the publication of that information is prohibited by a reporting restriction or other order or requirement to withhold information from the public; and
(b) publish that information for no longer than 5 business days—
(i) by notice displayed somewhere prominent in the vicinity of a court room in which the hearing is due to take place, and
(ii) by such arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means, but only to the extent needed to comply with the open justice principle.
(2) The information that paragraph (1) requires the court officer to publish is—
(a) the date, time and place of the hearing;
(b) the identity of the defendant;
(c) by notice under paragraph (1)(b)(i), such other information as it may be practicable to publish concerning—
(i) the type of hearing,
(ii) the identity of the prosecutor,
(iii) the identity of the court, and
(iv) any reporting or access restriction that applies; and
(d) by arrangements under paragraph (1)(b)(ii), such other information as it may be practicable to publish concerning—
(i) the details listed in paragraph (2)(c), and
(ii) the statement of each alleged offence (but not the particulars of offence).
(3) Where 15 business days have expired after service on the defendant of a written charge and other documents under rule 24.9 (Single justice procedure: special rules), the court officer must—
(a) publish the information listed in paragraph (4) if—
(i) the information is available to the court officer, and
(ii) the publication of the information is not prohibited by a reporting restriction; and
(b) publish that information for no longer than 5 business days by such arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means, but only to the extent needed to comply with the open justice principle.
(4) The information that paragraph (3) requires the court officer to publish is—
(a) the identity of the defendant;
(b) the identity of the prosecutor;
(c) the statement of each alleged offence (but not the particulars of offence); and
(d) such other information as it may be practicable to publish about any reporting restriction that applies.
(5) If it is not practicable to publish the information about reporting or access restrictions that this rule requires then the court officer must publish a notice or notices by such arrangements as the Lord Chancellor directs—
(a) warning that such restrictions may apply to a case information about which is published under this rule;
(b) explaining the general effect of such restrictions; and
(c) explaining how further information about such restrictions may be obtained, generally and in relation to an individual case.
[Note. See also rule 5.7 (The open justice principle).]
5.12 Request for certificate, extract or information under other legislation
(1) This rule applies where legislation other than these Rules—
(a) allows a certificate of conviction or acquittal, or an extract from records kept by the court officer, to be introduced in evidence in criminal proceedings; or
(b) requires or permits information about a case, including information contained in materials kept by the court officer for the purposes of the case, to be supplied by the court officer to a specified person for a specified purpose.
(2) A person who wants such a certificate or extract, or such information, must—
(a) apply in writing to the court officer;
(b) specify the certificate, extract or information required;
(c) explain under what legislation and for what purpose it is required; and
(d) pay any fee prescribed.
(3) If the application satisfies the requirements of that legislation, the court officer must supply the certificate, extract or information requested—
(a) to a party; and
(b) unless the court otherwise directs, to any other applicant.
[Note. Under sections 73 to 75 of the Police and Criminal Evidence Act 1984, a certificate of conviction or acquittal, and certain other details from records to which this Part applies, may be admitted in evidence in criminal proceedings.
Examples of legislation to which paragraph (1)(b) of this rule applies include (this is not a complete list)—
(a) section 17 of the Criminal Appeal Act 1995, under which information may be required by the Criminal Cases Review Commission;
(b) section 115 of the Crime and Disorder Act 1998, under which information may be supplied to specified authorities for the purposes of that Act;
(c) section 14 of the Offender Management Act 2007, under which information may be supplied to specified persons for offender management purposes; and
(d) article 7 of the Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021, under which information may be required to assist in a review of Scottish criminal records concerning a time at which the subject of those records was under 12 years old.
Under section 92 of the Sexual Offences Act 2003, a certificate which records a conviction for an offence and a statement by the convicting court that that offence is listed in Schedule 3 to the Act is evidence of those facts for certain purposes of that Act.
A certificate of conviction or acquittal, and certain other information, required for other purposes, may be obtained from the Secretary of State under sections 112, 113A and 113B of the Police Act 1997.
This rule applies where certificates or extracts from court records are required for use in evidence or for some other purpose specified in legislation. Where this rule does not apply, information about a case may be obtained under rule 5.8.]