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660 provisions
6.1 When this Part applies
(1) This Part applies where the court can—
(a) impose a restriction on—
(i) reporting what takes place at a public hearing, or
(ii) public access to what otherwise would be a public hearing;
(b) vary or remove a reporting or access restriction that is imposed by legislation;
(c) withhold information from the public during a public hearing;
(d) order a trial in private; or
(e) allow there to take place during a hearing—
(i) sound recording, or
(ii) communication by electronic means.
(2) This Part does not apply to arrangements required by legislation, or directed by the court, in connection with—
(a) sound recording during a hearing, or the transcription of such a recording; or
(b) measures to assist a witness or defendant to give evidence.
[Note. The court can impose reporting restrictions under—
(a) section 4(2) of the Contempt of Court Act 1981 (postponed report of public hearing);
(b) section 11 of the Contempt of Court Act 1981 (matter withheld from the public during a public hearing);
(c) section 58 of the Criminal Procedure and Investigations Act 1996 (postponed report of derogatory assertion in mitigation);
(d) section 45 of the Youth Justice and Criminal Evidence Act 1999 (identity of a person under 18);
(e) section 45A of the Youth Justice and Criminal Evidence Act 1999 (identity of a witness or victim under 18);
(f) section 46 of the Youth Justice and Criminal Evidence Act 1999 (identity of a vulnerable adult witness);
(g) section 82 of the Criminal Justice Act 2003 (order for retrial after acquittal); ...
(h) section 75 of the Serious Organised Crime and Police Act 2005 (identity of a defendant who assisted the police) ; or
(i) section 200 of the Crime and Policing Act 2026(identity of an authorised firearms officer charged with a qualifying offence).
There are reporting restrictions imposed by legislation that the court can vary or remove, under—
(a) section 49 of the Children and Young Persons Act 1933 (youth court proceedings);
(b) section 8C of the Magistrates’ Courts Act 1980 (pre-trial ruling in magistrates’ courts);
(c) section 11 of the Criminal Justice Act 1987 (preparatory hearing in the Crown Court);
(d) section 1 of the Sexual Offences (Amendment) Act 1992 (identity of complainant of sexual offence);
(e) section 37 of the Criminal Procedure and Investigations Act 1996 (preparatory hearing in the Crown Court);
(f) section 41 of the Criminal Procedure and Investigations Act 1996 (pre-trial ruling in the Crown Court);
(g) section 52A of, and paragraph 3 of Schedule 3 to, the Crime and Disorder Act 1998 (allocation and sending for trial proceedings);
(h) section 47 of the Youth Justice and Criminal Evidence Act 1999 (special measures direction);
(i) section 141F of the Education Act 2002 (restrictions on reporting alleged offences by teachers);
(j) section 71 of the Criminal Justice Act 2003 (prosecution appeal against Crown Court ruling); and
(k) section 4A of, and paragraph 1 of Schedule 1 to, the Female Genital Mutilation Act 2003 (identity of person against whom a female genital mutilation offence is alleged to have been committed).
There are reporting restrictions imposed by legislation that the court has no power to vary or remove, under—
(a) section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926 (indecent or medical matter);
(b) section 2 of the Contempt of Court Act 1981 (risk of impeding or prejudicing active proceedings).
Access to a youth court is restricted under section 47 of the Children and Young Persons Act 1933. See also rule 24.2 (Trial and sentence in a magistrates’ court – general rules).
Under section 36 of the Children and Young Persons Act 1933, no-one under 14 may be present in court when someone else is on trial, or during proceedings preliminary to a trial, unless that person is required as a witness, or for the purposes of justice, or the court permits.
The court can restrict access to the courtroom under—
(a) section 38 of the National Security Act 2023, during proceedings for an offence under Part 1 of that Act including some parts of sentencing proceedings;
(b) section 37 of the Children and Young Persons Act 1933, where the court receives evidence from a person under 18;
(c) section 75 of the Serious Organised Crime and Police Act 2005, where the court reviews a sentence passed on a defendant who assisted an investigation.
The court has an inherent power, in exceptional circumstances—
(a) to allow information, for example a name or address, to be withheld from the public at a public hearing;
(b) to restrict public access to what otherwise would be a public hearing, for example to control disorder;
(c) to hear a trial in private, for example for reasons of national security.
Under section 200 of the Crime and Policing Act 2026 the court—
(a) must cause the name, address and date of birth of an authorised firearms officer charged with a qualifying offence to be withheld from the public unless that would be contrary to the interests of justice; and
(b) may make an anonymity order in respect of such an officer if is necessary in the interests of justice to do so.
Under section 9(1) of the Contempt of Court Act 1981, it is a contempt of court without the court’s permission to—
(a) use in court, or bring into court for use, a device for recording sound;
(b) publish a recording of legal proceedings made by means of such a device; or
(c) use any such recording in contravention of any condition on which permission was granted.
Under section 41 of the Criminal Justice Act 1925, it is an offence to take or attempt to take a photograph, or with a view to publication to make or attempt to make a portrait or sketch, of any judge, juror, witness or party, in the courtroom, or in the building or in the precincts of the building in which the court is held, or while that person is entering or leaving the courtroom, building or precincts; or to publish such a photograph, portrait or sketch.
Section 32 of the Crime and Courts Act 2013 (Enabling the making, and use, of films and other recordings of proceedings) allows for exceptions to be made to the prohibitions imposed by section 9 of the 1981 Act and section 41 of the 1925 Act.
By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has an inherent powerto deal with a person for contempt of court for disrupting the proceedings. Under section 12 of the Contempt of Court Act 1981, a magistrates’ court has a similar power.
See also—
(a) rule 5.5, under which the court officer must make arrangements for recording proceedings in the Crown Court;
(b) Part 18, which applies to live links and other measures to assist a witness or defendant to give evidence;
(c) rule 45.10, which applies to costs orders against a non-party for serious misconduct; and
(d) Part 48, which contains rules about contempt of court.]
6.2 Exercise of court’s powers to which this Part applies
(1) When exercising a power to which this Part applies, as well as furthering the overriding objective, in accordance with rule 1.3, the court must have regard to the importance of—
(a) dealing with criminal cases in public; and
(b) allowing a public hearing to be reported to the public.
(2) The court may determine an application or appeal under this Part—
(a) at a hearing, in public or in private; or
(b) without a hearing.
(3) But the court must not exercise a power to which this Part applies unless each party and any other person directly affected, including any reporter notified by means of such arrangements as the Lord Chancellor directs—
(a) is present; or
(b) has had an opportunity—
(i) to attend, or
(ii) to make representations.
[Note. See also section 121 of the Magistrates’ Courts Act 1980 and rule 24.2 (general rules about trial and sentence in a magistrates’ court).
See rule 6.3 (Court’s power to vary requirements under this Part).]
6.3 Court’s power to vary requirements under this Part
(1) The court may—
(a) shorten or extend (even after it has expired) a time limit under this Part;
(b) require an application to be made in writing instead of orally;
(c) consider an application or representations made orally instead of in writing; and
(d) dispense with a requirement to—
(i) give notice, or
(ii) serve an application.
(2) Someone who wants an extension of time must—
(a) apply when making the application or representations for which it is needed; and
(b) explain the delay.
(1) This rule applies where the court can—
(a) impose a restriction on—
(i) reporting what takes place at a public hearing, or
(ii) public access to what otherwise would be a public hearing; or
(b) withhold information from the public during a public hearing.
(2) Unless other legislation otherwise provides, the court may do so—
(a) on application by a party; or
(b) on its own initiative.
(3) A party who wants the court to do so must—
(a) apply as soon as reasonably practicable;
(b) notify—
(i) each other party,
(ii) reporters, by means of such arrangements as the Lord Chancellor directs, and
(iii) such other person (if any) as the court directs;
(c) specify the proposed terms of the order, and for how long it should last;
(d) explain—
(i) what power the court has to make the order, and
(ii) why an order in the terms proposed is necessary;
(e) where the application is for a reporting direction under section 45A of the Youth Justice and Criminal Evidence Act 1999 (Power to restrict reporting of criminal proceedings for lifetime of witnesses and victims under 18), explain—
(i) how the circumstances of the person whose identity is concerned meet the conditions prescribed by that section, having regard to the factors which that section lists; and
(ii) why such a reporting direction would be likely to improve the quality of any evidence given by that person, or the level of co-operation given by that person to any party in connection with the preparation of that party’s case, taking into account the factors listed in that section; and
(f) where the application is for a reporting direction under section 46 of the Youth Justice and Criminal Evidence Act 1999 (Power to restrict reports about certain adult witnesses in criminal proceedings), explain—
(i) how the witness is eligible for assistance, having regard to the factors listed in that section, and
(ii) why such a reporting direction would be likely to improve the quality of the witness’ evidence, or the level of co-operation given by the witness to the applicant in connection with the preparation of the applicant’s case, taking into account the factors which that section lists.
[Note. Under section 45A(10) or section 46(9) of the Youth Justice and Criminal Evidence Act 1999, if the conditions prescribed by those sections are met the court may make an excepting direction dispensing, to any extent specified, with the restrictions imposed by a reporting direction made under those sections.]
(1) This rule applies where the court can vary or remove a reporting or access restriction.
(2) Unless other legislation otherwise provides, the court may do so—
(a) on application by a party or person directly affected; or
(b) on its own initiative.
(3) A party or person who wants the court to do so must—
(a) apply as soon as reasonably practicable;
(b) notify—
(i) each other party,
(ii) reporters, by means of such arrangements as the Lord Chancellor directs, and
(iii) such other person (if any) as the court directs;
(c) specify the restriction; and
(d) explain, as appropriate, why it should be varied or removed.
(4) A person who wants to appeal to the Crown Court under section 141F of the Education Act 2002 must—
(a) serve an appeal notice on—
(i) the Crown Court officer, and
(ii) each other party;
(b) serve on the Crown Court officer, with the appeal notice, a copy of the application to the magistrates’ court;
(c) serve the appeal notice not more than 15 business days after the magistrates’ court’s decision against which the appellant wants to appeal; and
(d) in the appeal notice, explain, as appropriate, why the restriction should be maintained, varied or removed.
(5) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.
[Note. Under section 141F(7) of the Education Act 2002, a party to an application to a magistrates’ court to remove the statutory restriction on reporting an alleged offence by a teacher may appeal to the Crown Court against the decision of the magistrates’ court. With the Crown Court’s permission, any other person may appeal against such a decision.]
(1) This rule applies where the court can order a trial in private.
(2) A party who wants the court to do so must—
(a) apply in writing not less than 5 business days before the trial is due to begin; and
(b) serve the application on—
(i) the court officer, and
(ii) each other party.
(3) The applicant must explain—
(a) the reasons for the application;
(b) how much of the trial the applicant proposes should be in private; and
(c) why no measures other than trial in private will suffice, such as—
(i) reporting restrictions,
(ii) an admission of facts,
(iii) the introduction of hearsay evidence,
(iv) a direction for a special measure under section 19 of the Youth Justice and Criminal Evidence Act 1999,
(v) a witness anonymity order under section 86 of the Coroners and Justice Act 2009, or
(vi) arrangements for the protection of a witness.
(4) Where the application includes information that the applicant thinks ought not be revealed to another party, 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.
(5) The court officer must at once—
(a) display notice of the application somewhere prominent in the vicinity of the courtroom; and
(b) give notice of the application to reporters by such other arrangements as the Lord Chancellor directs.
(6) The application must be determined at a hearing which—
(a) must be in private, unless the court otherwise directs;
(b) if the court so directs, may be, wholly or in part, in the absence of a party from whom information has been withheld; and
(c) in the Crown Court, must be after the defendant is arraigned but before the jury is sworn.
(7) At the hearing of the application—
(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.
(8) The court must not hear a trial in private until—
(a) the business day after the day on which it orders such a trial, or
(b) the disposal of any appeal against, or review of, any such order, if later.
(1) This rule applies where a party, or person directly affected, wants to make representations about an application or appeal.
(2) Such a party or person must—
(a) serve the representations on—
(i) the court officer,
(ii) the applicant,
(iii) each other party, and
(iv) such other person (if any) as the court directs;
(b) do so as soon as reasonably practicable after notice of the application; and
(c) ask for a hearing, if that party or person wants one, and explain why it is needed.
(3) Representations must—
(a) explain the reasons for any objection; and
(b) specify any alternative terms proposed.
(1) This rule applies where the court—
(a) orders, varies or removes a reporting or access restriction; or
(b) orders a trial in private.
(2) The court officer must—
(a) record the court’s reasons for the decision; and
(b) as soon as reasonably practicable, arrange for notice of the decision to be—
(i) displayed somewhere prominent in the vicinity of the courtroom, and
(ii) communicated to reporters by such other arrangements as the Lord Chancellor directs.
(1) This rule applies where the court can give permission to—
(a) bring into a hearing for use, or use during a hearing, a device for—
(i) recording sound, or
(ii) communicating by electronic means; or
(b) publish a sound recording made during a hearing.
(2) The court may give such permission—
(a) on application; or
(b) on its own initiative.
(3) A person who wants the court to give such permission must—
(a) apply as soon as reasonably practicable;
(b) notify—
(i) each party, and
(ii) such other person (if any) as the court directs; and
(c) explain why the court should permit the use or publication proposed.
(4) As a condition of the applicant using such a device, the court may direct arrangements to minimise the risk of its use—
(a) contravening a reporting restriction;
(b) disrupting the hearing; or
(c) compromising the fairness of the hearing, for example by affecting—
(i) the evidence to be given by a witness, or
(ii) the verdict of a jury.
(5) Such a direction may require that the device is used only—
(a) in a specified part of the courtroom;
(b) for a specified purpose;
(c) for a purpose connected with the applicant’s activity as a member of a specified group, for example representatives of news-gathering or reporting organisations; or
(d) at a specified time, or in a specified way.
(1) This rule applies where someone without the court’s permission—
(a) uses a device for recording sound during a hearing; or
(b) publishes a sound recording made during a hearing.
(2) The court may exercise its power to forfeit the device or recording—
(a) on application by a party, or on its own initiative; and
(b) provisionally, despite rule 6.2(3), to allow time for representations.
(3) A party who wants the court to forfeit a device or recording must—
(a) apply as soon as reasonably practicable;
(b) notify—
(i) as appropriate, the person who used the device, or who published the recording, and
(ii) each other party; and
(c) explain why the court should exercise that power.
[Note. Under section 9(3) of the Contempt of Court Act 1981, the court can forfeit any device or recording used or made in contravention of section 9(1) of the Act.]
(1) This Part applies in a magistrates’ court where—
(a) a prosecutor wants the court to issue a summons or warrant under section 1 of the Magistrates’ Courts Act 1980;
(b) a prosecutor with the power to do so issues—
(i) a written charge and requisition, or
(ii) a written charge and single justice procedure notice
under section 29 of the Criminal Justice Act 2003;
(c) a person who is in custody is charged with an offence; or
(d) the prosecutor alleges an offence against a defendant who is due to attend, or attends, the court in response to another allegation.
(2) In this Part, ‘authorised prosecutor’ means a prosecutor authorised under section 29 of the Criminal Justice Act 2003 to issue a written charge and requisition or single justice procedure notice.
[Note. Under section 1 of the Magistrates’ Courts Act 1980, on receiving a formal statement (described in that section as an ‘information’) alleging that someone has committed an offence, the court may issue—
(a) a summons requiring that person to attend court; or
(b) a warrant for that person’s arrest, if—
(i) the alleged offence must or may be tried in the Crown Court,
(ii) the alleged offence is punishable with imprisonment, or
(iii) the person’s address cannot be established sufficiently clearly to serve a summons or requisition.
The powers of the court to which this Part applies may be exercised by a single justice of the peace.
Under section 29 of the Criminal Justice Act 2003, a prosecutor authorised under that section may issue a written charge alleging that someone has committed an offence, and either—
(a) a requisition requiring that person to attend court; or
(b) a notice that the single justice procedure under section 16A of the Magistrates’ Courts Act 1980 and rule 24.9 of these Rules applies.
Section 30 of the 2003 Act contains other provisions about written charges, requisitions and single justice procedure notices.
A person detained under a power of arrest may be charged if the custody officer decides that there is sufficient evidence to do so. See sections 37 and 38 of the Police and Criminal Evidence Act 1984.]
(1) A prosecutor who wants the court to issue a summons must—
(a) serve on the court officer a written application; or
(b) unless other legislation prohibits this, present an application orally to the court, with a written statement of the allegation or allegations made by the prosecutor.
(2) A prosecutor who wants the court to issue a warrant must—
(a) serve on the court officer—
(i) a written application, or
(ii) a copy of a written charge that has been issued; or
(b) present to the court either of those documents.
(3) An application for the issue of a summons or warrant must—
(a) set out the allegation or allegations made by the applicant in terms that comply with rule 7.3(1) (Allegation of offence in application or charge); and
(b) demonstrate—
(i) that the application is made in time, if legislation imposes a time limit, and
(ii) that the applicant has the necessary consent, if legislation requires it.
(4) As well as complying with paragraph (3), an application for the issue of a warrant must—
(a) demonstrate that the offence or offences alleged can be tried in the Crown Court;
(b) demonstrate that the offence or offences alleged can be punished with imprisonment; or
(c) concisely outline the applicant’s grounds for asserting that the defendant’s address is not sufficiently established for a summons to be served.
(5) Paragraph (6) applies unless the prosecutor is—
(a) a public authority within the meaning of section 17 of the Prosecution of Offences Act 1985; or
(b) a person acting—
(i) on behalf of such an authority, or
(ii) in that person’s capacity as an official appointed by such an authority.
(6) Where this paragraph applies, as well as complying with paragraph (3), and with paragraph (4) if applicable, an application for the issue of a summons or warrant must—
(a) concisely outline the grounds for asserting that the defendant has committed the alleged offence or offences;
(b) disclose—
(i) details of any previous such application by the same applicant in respect of any allegation now made, and
(ii) details of any current or previous proceedings brought by another prosecutor in respect of any allegation now made; and
(c) include a statement that to the best of the applicant’s knowledge, information and belief—
(i) the allegations contained in the application are substantially true,
(ii) the evidence on which the applicant relies will be available at the trial,
(iii) the details given by the applicant under paragraph (6)(b) are true, and
(iv) the application discloses all the information that is material to what the court must decide.
(7) Where the statement required by paragraph (6)(c) is made orally—
(a) the statement must be on oath or affirmation, unless the court otherwise directs; and
(b) the court must arrange for a record of the making of the statement.
(8) An authorised prosecutor who issues a written charge must notify the court officer immediately.
(9) A single document may contain—
(a) more than one application; or
(b) more than one written charge.
(10) Where an offence can be tried only in a magistrates’ court, then unless other legislation otherwise provides—
(a) a prosecutor must serve an application for the issue of a summons or warrant on the court officer or present it to the court; or
(b) an authorised prosecutor must issue a written charge,
not more than 6 months after the offence alleged.
(11) Where an offence can be tried in the Crown Court then—
(a) a prosecutor must serve an application for the issue of a summons or warrant on the court officer or present it to the court; or
(b) an authorised prosecutor must issue a written charge,
within any time limit that applies to that offence.
(12) The court may determine an application to issue or withdraw a summons or warrant—
(a) without a hearing, as a general rule, or at a hearing (which must be in private unless the court otherwise directs);
(b) in the absence of—
(i) the prosecutor,
(ii) the defendant; and
(c) with or without representations by the defendant.
(13) If the court so directs, a party to an application to issue or withdraw a summons or warrant may attend a hearing by live link.
(14) The court must not issue a summons or warrant if that would be incompatible with a statutory provision or other rule of law.
[Note. In some legislation, including the Magistrates’ Courts Act 1980, an application for the issue of a summons or warrant is described as an ‘information’ and serving an application on the court officer or presenting it to the court is described as ‘laying’ that information.
Where an offence can be tried only in a magistrates’ court the general time limit for serving or presenting an application for a summons or warrant, and for issuing a written charge, is prescribed by section 127 of the Magistrates’ Courts Act 1980 and section 30(5) of the Criminal Justice Act 2003. However, the legislation that creates the offence may prescribe a different time limit, which may be calculated by reference to the date of the offence or by reference to another event specified by that legislation. If the application contains insufficient information to show that it is in time the court may refuse to issue a summons or warrant.
Where all the relevant statutory requirements for the issue of a summons or warrant are met, including any time limit, the court may nonetheless have to refuse to issue it in circumstances established in case law. Those circumstances include any case in which (but this is not an exhaustive list)—
(a) the prosecutor asserts facts incapable of proof in a criminal court as a matter of law;
(b) the defendant has immunity from prosecution for the conduct alleged;
(c) though made within the statutory time limit applicable, the application is nonetheless delayed for an unconscionable period of time;
(d) the prosecutor fails to disclose all the information that is material to what the court must decide;
(e) the same defendant has been acquitted or convicted for substantially the same conduct;
(f) a court has previously determined an application by the same prosecutor which alleged the same or substantially the same offence against the same defendant on the same or substantially the same asserted facts;
(g) the same defendant is being, or has been, prosecuted by another prosecutor for substantially the same conduct;
(h) the prosecution would constitute an assertion that the decision of another court or authority was wrong where that decision has been, or could have been, or could be, questioned in other proceedings or by other lawful means;
(i) the prosecutor has—
(i) reached a binding agreement with the defendant not to prosecute, or
(ii) made representations that no prosecution would be brought, on which the defendant has acted to the defendant’s detriment;
(j) the prosecutor’s dominant motive would render the prosecution an abuse of the process of the court; or
(k) the application is in any other respect improper or vexatious.
In section 17 of the Prosecution of Offences Act 1985 ‘public authority’ means (a) a police force as defined by that Act, (b) the Crown Prosecution Service or any other government department, (c) a local authority or other authority or body constituted for purposes of the public service or of local government, or carrying on under national ownership any industry or undertaking or part of an industry or undertaking, or (d) any other authority or body whose members are appointed by Her Majesty or by any Minister of the Crown or government department or whose revenues consist wholly or mainly of money provided by Parliament.
Part 46 (Representatives) contains rules allowing a member, officer or employee of a prosecutor, on the prosecutor’s behalf, to—
(a) serve on the court officer or present to the court an application for the issue of a summons or warrant; or
(b) issue a written charge and requisition.
See Part 3 for the court’s general powers of case management, including power to consider applications and give directions for (among other things) the amendment of an allegation or charge and for separate trials.
See also Part 32 (Breach, revocation and amendment of community and other orders). Rule 32.2(2) (Application by responsible officer) applies rules 7.2 to 7.4 to the procedure with which that rule deals.]
(1) An allegation of an offence in an application for the issue of a summons or warrant or in a charge must contain—
(a) a statement of the offence that—
(i) describes the offence in ordinary language, and
(ii) identifies any legislation that creates it; and
(b) such particulars of the conduct constituting the commission of the offence as to make clear what the prosecutor alleges against the defendant, including the value of any damage or theft alleged where that value is known and where it affects the exercise of the court’s powers.
(2) More than one incident of the commission of the offence may be included in the allegation if those incidents taken together amount to a course of conduct having regard to the time, place or purpose of commission.
(3) Where rule 7.1(1)(d) applies (additional allegation in existing prosecution), the prosecutor must—
(a) set out the additional allegation in terms that comply with paragraph (1);
(b) as soon as practicable—
(i) serve the additional allegation on the court officer and the defendant, or
(ii) present the additional allegation orally to the court, with a written statement of that allegation;
(c) demonstrate that the allegation is made in time, if legislation imposes a time limit; and
(d) demonstrate that the prosecutor has the necessary consent, if legislation requires it.
[Note. In some circumstances the court may allow the prosecutor to amend an allegation of an offence, including to allege a different offence. In those circumstances the allegation may be amended after any time limit for prosecuting the different offence has expired if the amendment is based on substantially the same facts as the allegation first made. See Part 3 for the court’s general powers of case management, including power to consider an application and give directions for (among other things) the amendment of an allegation.]
(1) A summons, warrant or requisition may be issued in respect of more than one offence.
(2) A summons or requisition must—
(a) contain notice of when and where the defendant is required to attend the court;
(b) specify each offence in respect of which it is issued;
(c) in the case of a summons, identify—
(i) the court that issued it, unless that is otherwise recorded by the court officer,
(ii) the court office for the court that issued it, and
(iii) the prosecutor, unless the prosecutor is a public authority; and
(d) in the case of a requisition, identify the person under whose authority it is issued.
(3) A summons may be contained in the same document as an application for the issue of that summons.
(4) A requisition may be contained in the same document as a written charge.
(5) Where the court issues a summons—
(a) the prosecutor must—
(i) serve it on the defendant, and
(ii) notify the court officer; or
(b) the court officer must—
(i) serve it on the defendant, and
(ii) notify the prosecutor.
(6) Where an authorised prosecutor issues a requisition that prosecutor must—
(a) serve on the defendant—
(i) the requisition, and
(ii) the written charge; and
(b) serve a copy of each on the court officer.
(7) Unless it would be inconsistent with other legislation, a replacement summons or requisition may be issued without a fresh application or written charge where the one replaced—
(a) was served under rule 4.4 (Service by leaving or posting a document); but
(b) is shown not to have been received by the addressee.
(8) Where a summons or requisition is served on a defendant under 18—
(a) the prosecutor or court officer who serves it must serve a copy on a parent or guardian of the defendant as well; and
(b) if the court requires the parent or guardian to attend, the copy may impose that requirement, or a separate summons or requisition may be issued for that purpose.
[Note. Part 13 contains other rules about warrants.
Section 47 of the Magistrates’ Courts Act 1980 and section 30(5) of the Criminal Justice Act 2003 make special provision about time limits under other legislation for the issue and service of a summons or requisition, where service by post is not successful.
Under section 34A of the Children and Young Persons Act 1933, unless the court is satisfied that it would be unreasonable to require such attendance having regard to the circumstances of the case (i) the court may require the parent or guardian of a defendant under 18 to attend court with the defendant, and (ii) the court must do so if the defendant is under 16.]
(1) This rule and rule 7.6 (Arrangements for court to receive defendant in custody) apply where—
(a) a defendant in custody must be brought before a court—
(i) under section 46 of the Police and Criminal Evidence Act 1984 (Detention after charge), or
(ii) after arrest on a warrant issued under section 1 of the Magistrates’ Courts Act 1980 (Issue of summons to accused or warrant for his arrest); and
(b) a police custody officer so notifies the court officer.
(2) The police custody officer must provide the court officer with—
(a) the defendant’s name and date of birth;
(b) the offence charged and confirmation of the date and time of charge;
(c) confirmation that the information required by rule 8.3 (Content of initial details) is available and will be served before the defendant’s case is heard;
(d) confirmation that the prosecutor has been notified;
(e) confirmation that the following have been notified and are available—
(i) any interpreter required,
(ii) the defendant’s legal representative, if any, and
(iii) any local or other authority, including any youth offending team, responsible for the defendant’s care or welfare;
(f) the police custody officer’s proposal for the means by which the defendant will be brought before the court, either by live link or in person, and—
(i) if the proposal is for the defendant to attend court by live link, details of any material circumstance listed in rule 3.35 (Live link direction: exercise of court’s powers), or
(ii) if the proposal is for the defendant to attend court in person, the identity of the authority responsible for transporting the defendant and the expected time of arrival; and
(g) details of any disability or other vulnerability of the defendant of which the police custody officer is aware and which is not apparent from other information supplied.
[Note. Under section 46 of the Police and Criminal Evidence Act 1984 a defendant who is charged with an offence and, after being charged, is kept in police or local authority detention must be brought before a magistrates’ court as soon as is practicable that day, or the next day which is not Christmas Day, Good Friday or a Sunday.]
7.6 Arrangements for court to receive defendant in custody
(1) Subject to paragraph (3), the court officer must arrange for a defendant of whom notice is given under rule 7.5 (Notice of defendant in custody) to be brought before a court in person or by live link as soon as is practicable that day and in any event—
(a) by 3.30pm if that day is a business day;
(b) by 12.30pm if that day is a Saturday or a bank holiday; or
(c) in either case, later if, but only if, a disability or vulnerability of the defendant so requires.
(2) In making the arrangements required by paragraph (1) the court officer must—
(a) consult with those affected including—
(i) the police custody officer,
(ii) court members,
(iii) justices’ legal advisers and other court officers, and
(iv) the prosecutor; and
(b) as far as is practicable rearrange court business to ensure that the time available will allow all cases heard that day to conclude by 4.30pm (or later if, but only if, a disability or vulnerability of the defendant the subject of this rule so requires).
(3) If the arrangements otherwise required by paragraph (1) cannot practicably be made then the court officer must arrange for the defendant to be brought before a court as soon as is practicable on the next day which is not Christmas Day, Good Friday or a Sunday.
(4) When arrangements for the defendant to be brought before a court have been made the court officer promptly must so inform—
(a) the police custody officer; and
(b) as applicable, others consulted under paragraph (2)(a).
8.2 Providing initial details of the prosecution case
(1) The prosecutor must serve initial details of the prosecution case on the court officer—
(a) as soon as practicable; and
(b) in any event, no later than the beginning of the day of the first hearing.
(2) Where a defendant requests those details, the prosecutor must serve them on the defendant—
(a) as soon as practicable; and
(b) in any event, no later than the beginning of the day of the first hearing.
(3) Where a defendant does not request those details, the prosecutor must make them available to the defendant at, or before, the beginning of the day of the first hearing.
Initial details of the prosecution case must include—
(a) where, immediately before the first hearing in the magistrates’ court, the defendant was in police custody for the offence charged—
(i) a summary of the circumstances of the offence, and
(ii) the defendant’s criminal record, if any; or
(b) where paragraph (a) does not apply—
(i) a summary of the circumstances of the offence,
(ii) any account given by the defendant in interview, whether contained in that summary or in another document,
(iii) any written witness statement or exhibit that the prosecutor then has available and considers material to plea, or to the allocation of the case for trial, or to sentence,
(iv) the defendant’s criminal record, if any, and
(v) any available statement of the effect of the offence on a victim, a victim’s family or others.
(1) This rule applies where—
(a) the prosecutor wants to introduce information contained in a document listed in rule 8.3; and
(b) the prosecutor has not—
(i) served that document on the defendant, or
(ii) made that information available to the defendant.
(2) The court must not allow the prosecutor to introduce that information unless the court first allows the defendant sufficient time to consider it.
(1) This Part applies to—
(a) the allocation and sending of cases for trial under—
(i) sections 17A to 26 of the Magistrates’ Courts Act 1980, and
(ii) sections 50A to 52 of the Crime and Disorder Act 1998; and
(b) the return of cases for trial under—
(i) section 46ZA of the Senior Courts Act 1981, and
(ii) paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998.
(2) Rules 9.6 and 9.7 apply in a magistrates’ court where the court must, or can, send a defendant to the Crown Court for trial, without allocating the case for trial there.
(3) Rules 9.8 to 9.14 apply in a magistrates’ court where the court must allocate the case to a magistrates’ court or to the Crown Court for trial.
(4) Rule 9.15 applies in a magistrates’ court where, after applying other rules in this Part, the court can commit for sentence to the Crown Court a defendant who pleads guilty to an offence related to one sent for trial there.
(5) Rule 9.16 applies in the Crown Court where the court can return a defendant to a magistrates’ court for trial.
[Note. At the first hearing in a magistrates’ court the court may (and in some cases must) order trial in that court, or may (and in some cases must) send the defendant to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998. The decision depends upon—
(a) the classification of the offence (and the general rule, subject to exceptions, is that an offence classified as triable only on indictment must be sent to the Crown Court for trial; an offence classified as triable only summarily must be tried in a magistrates’ court; and an offence classified as triable either way, on indictment or summarily, must be allocated to one or the other court for trial, subject to the defendant’s right to choose Crown Court trial: see in particular sections 50A, 51 and 51A of the 1998 Act and section 19 of the Magistrates’ Courts Act 1980);
(b) the defendant’s age (and the general rule, subject to exceptions, is that an offence alleged against a defendant under 18 must be tried in a magistrates’ court sitting as a youth court: see in particular sections 24 and 24A of the 1980 Act);
(c) whether the defendant is awaiting Crown Court trial for another offence;
(d) whether another defendant, charged with the same offence, is awaiting Crown Court trial for that offence;
(e) in some cases (destroying or damaging property; aggravated vehicle taking), whether the value involved is more or less than £5,000; and
(f) in a case of low-value shoplifting, whether the defendant chooses Crown Court trial: see section 22A of the 1980 Act.
A magistrates’ court’s powers of sending and allocation, including its powers (i) to receive a defendant’s indication of an intention to plead guilty (see rules 9.7, 9.8 and 9.13) and (ii) to give an indication of likely sentence (see rule 9.11), may be exercised by a single justice: see sections 51 and 51A(11) of the 1998 Act, and sections 17E, 18(5) and 24D of the 1980 Act.
The circumstances in which the Crown Court can send back or refer a case for magistrates’ court trial are summarised in the note to rule 9.16.]
(1) This rule applies to the exercise of a magistrates’ court’s powers to which this Part applies.
(2) The general rule is that the court must exercise its powers at a hearing in public, but it may exercise any power it has to—
(a) withhold information from the public; or
(b) order a hearing in private.
(3) The general rule is that the court must exercise its powers in the defendant’s presence, but it may exercise the powers to which the following rules apply in the defendant’s absence on the conditions specified—
(a) where rule 9.7 (Sending for Crown Court trial) applies, if the defendant is represented;
(b) where rule 9.8 (Adult defendant: request for plea), rule 9.9 (Adult defendant: guilty plea) or rule 9.13 (Young defendant) applies, if—
(i) the defendant is represented, and
(ii) the defendant’s disorderly conduct makes his or her presence in the courtroom impracticable;
(c) where rule 9.10 (Adult defendant: not guilty plea) or rule 9.11 (Adult defendant: allocation for magistrates’ court trial) applies, if—
(i) the defendant is represented and waives the right to be present, or
(ii) the defendant’s disorderly conduct makes his or her presence in the courtroom impracticable; and
(d) where rule 9.15 (Committal for sentence for offence related to an offence sent for trial) applies, unless—
(i) it appears to the court to be contrary to the interests of justice to do so, and
(ii) the court considers that there is an acceptable reason for the defendant’s absence.
(4) The court may exercise its power to adjourn—
(a) if either party asks; or
(b) on its own initiative.
(5) Where the court on the same occasion deals with two or more offences alleged against the same defendant, the court must deal with those offences in the following sequence—
(a) any to which rule 9.6 applies (Prosecutor’s notice requiring Crown Court trial);
(b) any to which rule 9.7 applies (sending for Crown Court trial, without allocation there), in this sequence—
(i) any the court must send for trial, then
(ii) any the court can send for trial; and
(c) any to which rule 9.14 applies (Allocation and sending for Crown Court trial).
(6) Where the court on the same occasion deals with two or more defendants charged jointly with an offence that can be tried in the Crown Court then in the following sequence—
(a) the court must explain, in terms each defendant can understand (with help, if necessary), that if the court sends one of them to the Crown Court for trial then the court must send for trial in the Crown Court, too, any other of them—
(i) who is charged with the same offence as the defendant sent for trial, or with an offence which the court decides is related to that offence,
(ii) who does not wish to plead guilty to each offence with which he or she is charged, and
(iii) (if that other defendant is under 18, and the court would not otherwise have sent him or her for Crown Court trial) where the court decides that sending is necessary in the interests of justice
even if the court by then has decided to allocate that other defendant for magistrates’ court trial; and
(b) the court may ask the defendants questions to help it decide in what order to deal with them.
(7) After following paragraph (5), if it applies, where the court on the same occasion—
(a) deals with two or more defendants charged jointly with an offence that can be tried in the Crown Court;
(b) allocates any of them to a magistrates’ court for trial; and
(c) then sends another one of them to the Crown Court for trial,
the court must deal again with each one whom, on that occasion, it has allocated for magistrates’ court trial.
[Note. See sections 50A, 51, 51A and 52 of the Crime and Disorder Act 1998 and sections 17A, 17B, 17C, 18, 23, 24A, 24B and 24C of the Magistrates’ Courts Act 1980.
Under sections 57A to 57E of the 1998 Act, the court may require a defendant to attend by live link a hearing to which this Part applies.
Where a defendant waives the right to be present then the court may nonetheless require his or her attendance by summons or warrant: see section 26 of the 1980 Act.
Under section 52A of the 1998 Act, reporting restrictions apply to the proceedings to which rules 9.6 to 9.14 apply.
Part 46 contains rules allowing a representative to act on a defendant’s behalf for the purposes of these Rules.
Part 3 contains rules about the court’s powers of case management.]
(1) Where the court sends a defendant to the Crown Court for trial, it must specify—
(a) each offence to be tried;
(b) in respect of each, the power exercised to send the defendant for trial for that offence; and
(c) the Crown Court centre at which the trial will take place.
(2) In a case in which the prosecutor serves a notice to which rule 9.6(1)(a) applies (notice requiring Crown Court trial in a case of serious or complex fraud), the court must specify the Crown Court centre identified by that notice.
(3) In any other case, in deciding the Crown Court centre at which the trial will take place, the court must take into account—
(a) the convenience of the parties and witnesses;
(b) how soon a suitable courtroom will be available; and
(c) the directions on the allocation of Crown Court business contained in the Practice Direction.
[Note. See sections 51 and 51D of the Crime and Disorder Act 1998.]
(1) This rule applies—
(a) only in a magistrates’ court; and
(b) unless the court—
(i) includes a District Judge (Magistrates’ Courts), and
(ii) otherwise directs.
(2) On the court’s behalf, a justices’ legal adviser may—
(a) read the allegation of the offence to the defendant; and
(b) give any explanation and ask any question required by the rules in this Part.
[Note. 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) The magistrates’ court officer must—
(a) serve notice of a sending for Crown Court trial on—
(i) the Crown Court officer, and
(ii) the parties;
(b) in that notice record—
(i) the matters specified by the court under rule 9.3 (Matters to be specified on sending for trial),
(ii) any decision by the defendant under rule 9.7 (Sending for Crown Court trial) to require Crown Court trial for low-value shoplifting,
(iii) any indication given by the defendant under rule 9.7 of intended guilty plea,
(iv) any decision by the defendant under rule 9.11 (Adult defendant: allocation to magistrates’ court for trial) to decline magistrates’ court trial,
(v) any opinion stated by the court under rule 9.15 (Committal for sentence for offence related to an offence sent for trial), and
(vi) the date on which any custody time limit will expire;
(c) record any indication of likely sentence to which rule 9.11 or rule 9.13 applies; and
(d) give the court such other assistance as it requires.
(2) The magistrates’ court officer must include with the notice served on the Crown Court officer—
(a) the initial details of the prosecution case served by the prosecutor under rule 8.2;
(b) a record of any—
(i) listing or case management direction affecting the Crown Court,
(ii) direction about reporting restrictions,
(iii) decision about bail, for the purposes of section 5 of the Bail Act 1976,
(iv) recognizance given by a surety, or
(v) representation order; and
(c) if relevant, any available details of any—
(i) interpreter,
(ii) intermediary, or
(iii) other supporting adult, where the defendant is assisted by such a person.
[Note. See sections 51 and 51D of the Crime and Disorder Act 1998, and section 20A of the Magistrates’ Courts Act 1980.]
(1) This rule applies where a prosecutor with power to do so requires a magistrates’ court to send for trial in the Crown Court—
(a) a case of serious or complex fraud; or
(b) a case which will involve a child witness.
(2) The prosecutor must serve notice of that requirement—
(a) on the magistrates’ court officer and on the defendant; and
(b) before trial in a magistrates’ court begins under Part 24 (Trial and sentence in a magistrates’ court).
(3) The notice must identify—
(a) the power on which the prosecutor relies; and
(b) the Crown Court centre at which the prosecutor wants the trial to take place.
(4) The prosecutor—
(a) must, when choosing a Crown Court centre, take into account the matters listed in rule 9.3(3) (court deciding to which Crown Court centre to send a case); and
(b) may change the centre identified before the case is sent for trial.
[Note. Under section 51B of the Crime and Disorder Act 1998, the Director of Public Prosecutions or a Secretary of State may require the court to send a case for trial in the Crown Court if, in that prosecutor’s opinion, the evidence of the offence charged—
(a) is sufficient for the person charged to be put on trial for the offence; and
(b) reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court.
Under section 51C of the Crime and Disorder Act 1998, the Director of Public Prosecutions may require the court to send for trial in the Crown Court a case involving one of certain specified violent or sexual offences if, in the Director’s opinion—
(a) the evidence of the offence would be sufficient for the person charged to be put on trial for that offence;
(b) a child would be called as a witness at the trial; and
(c) for the purpose of avoiding any prejudice to the welfare of the child, the case should be taken over and proceeded with without delay by the Crown Court.
‘Child’ for these purposes is defined by section 51C(7) of the 1998 Act.]
(1) This rule applies where a magistrates’ court must, or can, send a defendant to the Crown Court for trial without first allocating the case for trial there.
(2) The court must read the allegation of the offence to the defendant.
(3) The court must explain, in terms the defendant can understand (with help, if necessary)—
(a) the allegation, unless it is self-explanatory;
(b) that the offence is one for which the court, as appropriate—
(i) must send the defendant to the Crown Court for trial because the offence is one which can only be tried there or because the court for some other reason is required to send that offence for trial,
(ii) may send the defendant to the Crown Court for trial if the magistrates’ court decides that the offence is related to one already sent for trial there, or
(iii) (where the offence is low-value shoplifting and the defendant is 18 or over) must send the defendant to the Crown Court for trial if the defendant wants to be tried there; and
(c) that reporting restrictions apply, which the defendant may ask the court to vary or remove.
(4) In the following sequence, the court must then—
(a) invite the prosecutor to—
(i) identify the court’s power to send the defendant to the Crown Court for trial for the offence, and
(ii) make representations about any ancillary matters, including bail and directions for the management of the case in the Crown Court;
(b) invite the defendant to make representations about—
(i) the court’s power to send the defendant to the Crown Court, and
(ii) any ancillary matters;
(c) (where the offence is low-value shoplifting and the defendant is 18 or over) offer the defendant the opportunity to require trial in the Crown Court; and
(d) decide whether or not to send the defendant to the Crown Court for trial.
(5) If the court sends the defendant to the Crown Court for trial, it must—
(a) ask whether the defendant intends to plead guilty in the Crown Court and—
(i) if the answer is ‘yes’, make arrangements for the Crown Court to take the defendant’s plea as soon as possible, or
(ii) if the defendant does not answer, or the answer is ‘no’, make arrangements for a case management hearing in the Crown Court; and
(b) give any other ancillary directions.
[Note. See sections 51, 51A and 51E of the Crime and Disorder Act 1998, and sections 22A and 24A of the Magistrates’ Courts Act 1980.
See also Part 6 (Reporting, etc. restrictions).]
(1) This rule applies where—
(a) the defendant is 18 or over; and
(b) the court must decide whether a case is more suitable for trial in a magistrates’ court or in the Crown Court.
(2) The court must read the allegation of the offence to the defendant.
(3) The court must explain, in terms the defendant can understand (with help, if necessary)—
(a) the allegation, unless it is self-explanatory;
(b) that the offence is one which can be tried in a magistrates’ court or in the Crown Court;
(c) that the court is about to ask whether the defendant intends to plead guilty;
(d) that if the answer is ‘yes’, then the court must treat that as a guilty plea and must sentence the defendant, or commit the defendant to the Crown Court for sentence;
(e) that if the defendant does not answer, or the answer is ‘no’, then—
(i) the court must decide whether to allocate the case to a magistrates’ court or to the Crown Court for trial,
(ii) the value involved may require the court to order trial in a magistrates’ court (where the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies), and
(iii) if the court allocates the case to a magistrates’ court for trial, the defendant can nonetheless require trial in the Crown Court (unless the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies and the value involved requires magistrates’ court trial); and
(f) that reporting restrictions apply, which the defendant may ask the court to vary or remove.
(4) The court must then ask whether the defendant intends to plead guilty.
[Note. See section 17A of the Magistrates’ Courts Act 1980.
For the circumstances in which a magistrates’ court may (and, in some cases, must) commit a defendant to the Crown Court for sentence after that defendant has indicated an intention to plead guilty where this rule applies, see sections 18 and 20 of the Sentencing Act 2020.
See also Part 6 (Reporting, etc. restrictions).]
(1) This rule applies where—
(a) rule 9.8 applies; and
(b) the defendant indicates an intention to plead guilty.
(2) The court must exercise its power to deal with the case—
(a) as if the defendant had just pleaded guilty at a trial in a magistrates’ court; and
(b) in accordance with rule 24.11 (Procedure if the court convicts).
[Note. See section 17A of the Magistrates’ Courts Act 1980.]
(1) This rule applies where—
(a) rule 9.8 applies; and
(b) the defendant—
(i) indicates an intention to plead not guilty, or
(ii) gives no indication of intended plea.
(2) In the following sequence, the court must then—
(a) where the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies, explain in terms the defendant can understand (with help, if necessary) that—
(i) if the court decides that the value involved clearly is less than £5,000, the court must order trial in a magistrates’ court,
(ii) if the court decides that it is not clear whether that value is more or less than £5,000, then the court will ask whether the defendant agrees to be tried in a magistrates’ court, and
(iii) if the answer to that question is ‘yes’, then the court must order such a trial and if the defendant is convicted then the maximum sentence is limited;
(b) invite the prosecutor to—
(i) identify any previous convictions of which it can take account, and
(ii) make representations about how the court should allocate the case for trial, including representations about the value involved, if relevant;
(c) invite the defendant to make such representations;
(d) where the offence is one to which section 22 of the Magistrates’ Courts Act 1980 applies—
(i) if it is not clear whether the value involved is more or less than £5,000, ask whether the defendant agrees to be tried in a magistrates’ court,
(ii) if the defendant’s answer to that question is ‘yes’, or if that value clearly is less than £5,000, order a trial in a magistrates’ court,
(iii) if the defendant does not answer that question, or the answer is ‘no’, or if that value clearly is more than £5,000, apply paragraph (2)(e); and
(e) exercise its power to allocate the case for trial, taking into account—
(i) the adequacy of a magistrates’ court’s sentencing powers,
(ii) any representations by the parties, and
(iii) any allocation guidelines issued by the Sentencing Council.
[Note. See sections 17A, 18, 19, 22 and 24A of the Magistrates’ Courts Act 1980.
Under section 22 of the 1980 Act, some offences, which otherwise could be tried in a magistrates’ court or in the Crown Court, must be tried in a magistrates’ court in the circumstances described in this rule.
The convictions of which the court may take account are those specified by section 19 of the 1980 Act.
The Sentencing Council may issue allocation guidelines under section 122 of the Coroners and Justice Act 2009. The definitive allocation guideline which first took effect on 1st March, 2016 provides:
‘Venue for trial
It is important to ensure that all cases are tried at the appropriate level.
(1) In general, either way offences should be tried summarily unless—
(a) the outcome would clearly be a sentence in excess of the court’s powers for the offence(s) concerned after taking into account personal mitigation and any potential reduction for a guilty plea; or
(b) for reasons of unusual legal, procedural or factual complexity, the case should be tried in the Crown Court. This exception may apply in cases where a very substantial fine is the likely sentence (see Criminal Practice Directions 5.16 and 5.9.5). Other circumstances where this exception will apply are likely to be rare and case specific; the court will rely on the submissions of the parties to identify relevant cases.
(2) In cases with no factual or legal complications the court should bear in mind its power to commit for sentence after a trial and may retain jurisdiction notwithstanding that the likely sentence might exceed its powers.
(3) Cases may be tried summarily even where the defendant is subject to a Crown Court Suspended Sentence Order or Community Order. (The power to commit the case to the Crown Court to be dealt with under paragraph 11(2) of Schedule 16or paragraph 24 of Schedule 10 to the Sentencing Code can be exercised if the defendant is convicted.)
(4) All parties should be asked by the court to make representations as to whether the case is suitable for summary trial. The court should refer to definitive guidelines (if any) to assess the likely sentence for the offence in the light of the facts alleged by the prosecution case, taking into account all aspects of the case including those advanced by the defence, including any personal mitigation to which the defence wish to refer.
Where the court decides that the case is suitable to be dealt with in the magistrates’ court, it must warn the defendant that all sentencing options remain open and, if the defendant consents to summary trial and is convicted by the court or pleads guilty, the defendant may be committed to the Crown Court for sentence.’]
9.11 Adult defendant: allocation for magistrates’ court trial
(1) This rule applies where—
(a) rule 9.10 applies; and
(b) the court allocates the case to a magistrates’ court for trial.
(2) The court must explain, in terms the defendant can understand (with help, if necessary) that—
(a) the court considers the case more suitable for trial in a magistrates’ court than in the Crown Court;
(b) if the defendant is convicted at a magistrates’ court trial, then in some circumstances the court may commit the defendant to the Crown Court for sentence;
(c) if the defendant does not agree to a magistrates’ court trial, then the court must send the defendant to the Crown Court for trial; and
(d) before deciding whether to accept magistrates’ court trial, the defendant may ask the court for an indication of whether a custodial or non-custodial sentence is more likely in the event of a guilty plea at such a trial, but the court need not give such an indication.
(3) If the defendant asks for such an indication of sentence and the court gives such an indication—
(a) the court must then ask again whether the defendant intends to plead guilty;
(b) if, in answer to that question, the defendant indicates an intention to plead guilty, then the court must exercise its power to deal with the case—
(i) as if the defendant had just pleaded guilty to an offence that can be tried only in a magistrates’ court, and
(ii) in accordance with rule 24.11 (Procedure if the court convicts); and
(c) if, in answer to that question, the defendant indicates an intention to plead not guilty, or gives no indication of intended plea, in the following sequence the court must then—
(i) ask whether the defendant agrees to trial in a magistrates’ court,
(ii) if the defendant’s answer to that question is ‘yes’, order such a trial, and
(iii) if the defendant does not answer that question, or the answer is ‘no’, apply rule 9.14.
(4) If the defendant asks for an indication of sentence but the court gives none, or if the defendant does not ask for such an indication, in the following sequence the court must then—
(a) ask whether the defendant agrees to trial in a magistrates’ court;
(b) if the defendant’s answer to that question is ‘yes’, order such a trial; and
(c) if the defendant does not answer that question, or the answer is ‘no’, apply rule 9.14.
[Note. See section 20 of the Magistrates’ Courts Act 1980.
For the circumstances in which a magistrates’ court may (and, in some cases, must) commit a defendant to the Crown Court for sentence after that defendant has been convicted at a magistrates’ court trial, see sections 14, 15, 17 and 20 of the Sentencing Act 2020.
For the circumstances in which an indication of sentence to which this rule applies restricts the sentencing powers of a court, see section 20A of the 1980 Act.
Where the court orders trial in a magistrates’ court, see also rules 3.16 to 3.18 about preparation for trial.]
9.12 Adult defendant: prosecutor’s application for Crown Court trial
(1) This rule applies where—
(a) rule 9.11 applies;
(b) the defendant agrees to trial in a magistrates’ court; but
(c) the prosecutor wants the court to exercise its power to send the defendant to the Crown Court for trial instead.
(2) The prosecutor must—
(a) apply before trial in a magistrates’ court begins under Part 24 (Trial and sentence in a magistrates’ court); and
(b) notify—
(i) the defendant, and
(ii) the magistrates’ court officer.
(3) The court must determine an application to which this rule applies before it deals with any other pre-trial application.
[Note. See sections 8A and 25 of the Magistrates’ Courts Act 1980. Under section 25(2B), the court may grant an application to which this rule applies only if it is satisfied that the sentence which a magistrates’ court would have power to impose would be inadequate.]
(1) This rule applies where—
(a) the defendant is under 18; and
(b) the court must decide whether to send the defendant for Crown Court trial instead of ordering trial in a youth court.
(2) The court must read the allegation of the offence to the defendant.
(3) The court must explain, in terms the defendant can understand (with help, if necessary)—
(a) the allegation, unless it is self-explanatory;
(b) that the offence is one which can be tried in the Crown Court instead of in a youth court;
(c) that the court is about to ask whether the defendant intends to plead guilty;
(d) that if the answer is ‘yes’, then the court must treat that as a guilty plea and must sentence the defendant, or commit the defendant to the Crown Court for sentence;
(e) that if the defendant does not answer, or the answer is ‘no’, then the court must decide whether to send the defendant for Crown Court trial instead of ordering trial in a youth court;
(f) that before answering and at any time until the court decides whether to send the defendant for Crown Court trial or order trial in a youth court—
(i) the defendant may ask the court for an indication of whether a custodial or non-custodial sentence is more likely in the event of a guilty plea there and then, but
(ii) the court need not give such an indication; and
(g) that reporting restrictions apply, which the defendant may ask the court to vary or remove.
(4) The defendant may then ask the court for such an indication of sentence.
(5) Whether the defendant asks for and the court gives such an indication or not, the court must then ask whether the defendant intends to plead guilty.
(6) If the defendant’s answer to that question is ‘yes’, the court must exercise its power to deal with the case—
(a) as if the defendant had just pleaded guilty at a trial in a youth court; and
(b) in accordance with rule 24.11 (Procedure if the court convicts).
(7) If the defendant does not answer that question, or the answer is ‘no’, in the following sequence the court must then—
(a) invite the prosecutor to make representations about whether Crown Court or youth court trial is more appropriate;
(b) invite the defendant to make such representations; and
(c) exercise its power to allocate the case for trial in the Crown Court or a youth court, taking into account—
(i) the offence and the circumstances of the offence,
(ii) the suitability of a youth court’s sentencing powers,
(iii) where the defendant is jointly charged with an adult, whether it is necessary in the interests of justice for them to be tried together in the Crown Court, and
(iv) any representations by the parties.
[Note. See section 24A of the Magistrates’ Courts Act 1980.
For the circumstances in which a magistrates’ court may (and, in some cases, must) commit a defendant who is under 18 to the Crown Court for sentence after that defendant has indicated a guilty plea, see sections 16, 17, 19 and 20 of the Sentencing Act 2020.
Where the court orders trial in a youth court, see also rules 3.16 to 3.18 about preparation for trial.]
(1) This rule applies where—
(a) under rule 9.10 or rule 9.13, the court allocates the case to the Crown Court for trial;
(b) under rule 9.11, the defendant does not agree to trial in a magistrates’ court; or
(c) under rule 9.12, the court grants the prosecutor’s application for Crown Court trial.
(2) In the following sequence, the court must—
(a) invite the prosecutor to make representations about any ancillary matters, including bail and directions for the management of the case in the Crown Court;
(b) invite the defendant to make any such representations; and
(c) exercise its powers to—
(i) send the defendant to the Crown Court for trial, and
(ii) give any ancillary directions.
[Note. See sections 21 and 24A of the Magistrates’ Courts Act 1980 and section 51 of the Crime and Disorder 1998. See also rule 9.3 (matters to be specified on sending for trial).]
9.15 Committal for sentence for offence related to an offence sent for trial
(1) This rule applies where—
(a) on a previous occasion the court has sent the defendant to the Crown Court for trial for an offence in exercise of a power to which rule 9.7, 9.13 or 9.14 applies;
(b) on the present occasion, under rule 9.9 or 9.13 the defendant indicates an intention to plead guilty to, and is convicted of, an offence which the court decides is related to the offence for which the defendant was previously sent for trial;
(c) the court decides to commit the defendant to the Crown Court for sentence for the related offence under—
(i) section 18 of the Sentencing Act 2020, if the defendant is over 18, or
(ii) section 19 of the 2020 Act, if the defendant is under 18; and
(d) in the court’s opinion, if it 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 related offence under—
(i) section 14 or 15 of that Act, if the defendant is over 18, or
(ii) section 16, 16A or 17 of that Act, if the defendant is under 18.
(2) The court must state that opinion for the Crown Court.
[Note. See sections 18(4) and 19(3) of the Sentencing Act 2020 for the court’s powers to state the opinion to which this rule refers.
Under section 51E of the Crime and Disorder Act 1998—
(a) an offence classified as triable either way is related to an offence for which a defendant has been sent for trial in the Crown Court if both offences are based on the same prosecution evidence (and see rule 10.2(4)(c) in the rules about indictments); and
(b) an offence classified as triable only summarily is related to an offence for which a defendant has been sent for trial in the Crown Court if both offences arise out of the same or connected circumstances.
Under section 51 of the 1998 Act—
(a) if a magistrates’ court sends a defendant to the Crown Court for trial for an offence and on the same occasion deals with a related offence then the general rule is that the court must send the defendant to the Crown Court for trial for the related offence, too; but
(b) if the court sends a defendant to the Crown Court for trial for an offence on one occasion and on a later occasion deals with a related offence then it may send the defendant to the Crown Court for trial for the related offence, too, or it may finish dealing with that offence itself and, if it convicts the defendant, may commit the defendant for sentence to the Crown Court instead.
For the circumstances in which a magistrates’ court may (and, in some cases, must) commit a defendant to the Crown Court for sentence or for the making of other orders beyond a magistrates’ court’s powers, see sections 14, 15, 16, 16A, 17, 18, 19, 20 and 24 of the Sentencing Act 2020 and paragraph 11 of Schedule 16 to that Act. See also rules 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.]
9.16 Sending back or referring case for magistrates’ court trial
(1) This rule applies where a magistrates’ court sends the defendant to the Crown Court for trial and—
(a) under section 46ZA of the Senior Courts Act 1981, the Crown Court can send the defendant back to a magistrates’ court for trial for a summary offence or for an offence triable either way; or
(b) under paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998, where a summary offence remains outstanding the Crown Court must so inform the magistrates’ court.
(2) Where paragraph (1)(a) applies—
(a) the Crown Court may exercise its power to send back—
(i) at a hearing, in public or in private, or without a hearing,
(ii) in the defendant’s absence, but only if the defendant consents to being absent on its exercise, and
(iii) in the prosecutor’s absence, but only if the prosecutor has had at least 5 business days in which to make representations; and
(b) if the defendant is under 18, the Crown Court must—
(i) consider sending the defendant back, and
(ii) explain why, if it does not do so.
(3) Where paragraph (1)(a) applies and the Crown Court sends the defendant back—
(a) the Crown Court must—
(i) specify the date on which the defendant must attend at or be taken to the magistrates’ court, and
(ii) decide whether to grant or withhold bail;
(b) the Crown Court officer must make available to the magistrates’ court officer a record of the Crown Court’s order under paragraph (3)(a) and details of any—
(i) case management direction affecting the magistrates’ court,
(ii) direction about reporting restrictions,
(iii) period for which the defendant was in custody during proceedings in the Crown Court,
(iv) decision about bail, for the purposes of section 5 of the Bail Act 1976,
(v) recognizance given by a surety,
(vi) representation order,
(vii) interpreter, intermediary, or supporting adult, and
(viii) information supplied by the parties for the purposes of case management by the court; and
(c) the Crown Court officer must at the same time serve on each party notice of the sending back and of the Crown Court’s order, unless that party was present when the order was made.
(4) Where paragraph (1)(b) applies—
(a) the Crown Court must exercise its power at a hearing; and
(b) unless the defendant pleads guilty to the summary offence, the Crown Court officer must notify the magistrates’ court officer of the outcome of the proceedings.
[Note. An offence may be classified as triable only on indictment; triable only summarily (a summary offence); or triable either way (on indictment or summarily). Offences classified either as triable only on indictment or as triable either way collectively are described as indictable offences.
Under section 46ZA(2) of the Senior Courts Act 1981 the Crown Court cannot send the defendant back to a magistrates’ court for trial—
(a) where the defendant is 18 or over, or is a corporation, and the offence is triable only on indictment; or
(b) where the defendant is under 18 and the offence is homicide or one of the other offences listed in section 51A(12) of the Crime and Disorder Act 1998.
Under section 46ZA(3) of the 1981 Act the Crown Court cannot send an adult or corporate defendant back to a magistrates’ court for trial for an offence triable either way unless the defendant consents.
Under section 46ZA(5) of the 1981 Act, in deciding whether to send a defendant back 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.
Under section 46ZA(6) of the 1981 Act, on sending a defendant back the Crown Court may give such directions as appear to be necessary with respect to the custody of the defendant or for the defendant’s release on bail until the defendant can appear or be brought before the magistrates’ court.
Under paragraph 6(7) of Schedule 3 to the Crime and Disorder Act 1998, the Crown Court must inform the magistrates’ court of the outcome of the proceedings in the Crown Court where—
(a) the offences for which the defendant was sent for trial include a summary offence;
(b) that summary offence is not tried in the Crown Court under a power to do so;
(c) in the Crown Court the defendant is convicted of an indictable offence;
(d) the Crown Court considers that the summary offence is related to any indictable offence for which the defendant was sent for trial;
(e) under paragraph 6(4), the defendant does not plead guilty in the Crown Court to the summary offence; and
(f) under paragraph 6(6), the prosecutor does not wish to withdraw the prosecution for that offence.
Under paragraph 6(5) of Schedule 3 to the 1998 Act, the Crown Court then has no other powers, for example to send the defendant back to the magistrates’ court on bail or in custody.
See also rule 28.10 (Committal or remission, etc. for sentence), which applies to the exercise of the Crown Court’s powers under sections 25, 25A and 26 of the Sentencing Act 2020 to remit a convicted defendant to a magistrates’ court for sentence.]
This Part applies where—
(a) a magistrates’ court sends a defendant to the Crown Court for trial under section 51 or section 51A of the Crime and Disorder Act 1998;
(b) a prosecutor wants a High Court judge’s permission to serve a draft indictment;
(c) the Crown Court approves a proposed indictment under paragraph 2 of Schedule 17 to the Crime and Courts Act 2013 and rule 11.4 (Deferred prosecution agreements: Application to approve the terms of an agreement);
(d) a prosecutor wants to re-institute proceedings in the Crown Court under section 22B of the Prosecution of Offences Act 1985; or
(e) the Court of Appeal orders a retrial, under section 8 of the Criminal Appeal Act 1968 or under section 77 of the Criminal Justice Act 2003.
[Note. See also sections 3, 4 and 5 of the Indictments Act 1915 and section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933. Under section 2(1) of the 1933 Act, a draft indictment (in the Act, a ‘bill of indictment’) becomes an indictment when it is ‘preferred’ in accordance with these rules. See rule 10.2.
Part 3 contains rules about the court’s general powers of case management, including power to consider applications and give directions for (among other things) the amendment of an indictment and for separate trials under section 5 of the Indictments Act 1915. See in particular rule 3.29 (Application for joint or separate trials, etc.).
Under section 51D of the Crime and Disorder Act 1998, the magistrates’ court must notify the Crown Court of the offence or offences for which the defendant is sent for trial. Part 9 (Allocation and sending for trial) contains relevant rules.
A Crown Court judge may approve a proposed indictment on approving a deferred prosecution agreement. Part 11 (Deferred prosecution agreements) contains relevant rules.
A prosecutor may apply to a High Court judge for permission to serve a draft indictment under rule 10.9.
Under section 22B of the Prosecution of Offences Act 1985, one of the prosecutors listed in that section may re-institute proceedings that have been stayed under section 22(4) of that Act on the expiry of an overall time limit (where such a time limit has been prescribed). Section 22B(2) requires the service of a draft indictment within 3 months of the date on which the Crown Court ordered the stay, or within such longer period as the court allows.
The Court of Appeal may order a retrial under section 8 of the Criminal Appeal Act 1968 (on a defendant’s appeal against conviction) or under section 77 of the Criminal Justice Act 2003 (on a prosecutor’s application for the retrial of a serious offence after acquittal). Section 8 of the 1968 Act and section 84 of the 2003 Act require the arraignment of a defendant within 2 months. See also rules 27.7 and 39.14.
Where a magistrates’ court sends a defendant to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998, in some circumstances the Crown Court may try the defendant for other offences: see section 2(2) of the Administration of Justice (Miscellaneous Provisions) Act 1933 (indictable offences founded on the prosecution evidence), section 40 of the Criminal Justice Act 1988 (specified summary offences founded on that evidence) and paragraph 6 of Schedule 3 to the Crime and Disorder Act 1998 (power of Crown Court to deal with related summary offence sent to that court). An offence of theft under section 1 of the Theft Act 1968 which is low-value shoplifting under section 22A of the Magistrates’ Courts Act 1980 is a summary offence unless the defendant chooses to be tried in the Crown Court.]
(1) The indictment on which the defendant is arraigned under rule 3.32 (Arraigning the defendant on the indictment) must be in writing and must contain, in a paragraph called a ‘count’—
(a) a statement of the offence charged that—
(i) describes the offence in ordinary language, and
(ii) identifies any legislation that creates it; and
(b) such particulars of the conduct constituting the commission of the offence as to make clear what the prosecutor alleges against the defendant.
(2) More than one incident of the commission of the offence may be included in a count if those incidents taken together amount to a course of conduct having regard to the time, place or purpose of commission.
(3) The counts must be numbered consecutively.
(4) An indictment may contain—
(a) any count charging substantially the same offence as one for which the defendant was sent for trial;
(b) any count contained in a draft indictment served with the permission of a High Court judge or at the direction of the Court of Appeal; and
(c) any other count charging an offence that the Crown Court can try and which is based on the prosecution evidence that has been served, including a summary offence to which section 40 of the Criminal Justice Act 1988 applies.
(5) For the purposes of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933—
(a) a draft indictment constitutes a bill of indictment; and
(b) the draft, or bill, is preferred before the Crown Court and becomes the indictment—
(i) where rule 10.3 applies (Draft indictment generated electronically on sending for trial), immediately before the first count (or the only count, if there is only one) is read to or placed before the defendant to take the defendant’s plea under rule 3.32(1)(e),
(ii) when the prosecutor serves the draft indictment on the Crown Court officer, where rule 10.4 (Draft indictment served by the prosecutor after sending for trial), rule 10.5 (Draft indictment served by the prosecutor with a High Court judge’s permission), rule 10.7 (Draft indictment served by the prosecutor on re-instituting proceedings) or rule 10.8 (Draft indictment served by the prosecutor at the direction of the Court of Appeal) applies,
(iii) when the Crown Court approves the proposed indictment, where rule 10.6 applies (Draft indictment approved by the Crown Court with deferred prosecution agreement), or
(iv) when the prosecutor serves on the Crown Court officer a draft indictment to which rule 25.16(3)(e) applies (substituted indictment for sentencing purposes).
(6) An indictment—
(a) must be in one of the forms issued under the Practice Direction unless—
(i) rule 10.3 applies; or
(ii) the Crown Court otherwise directs; and
(b) must include at the head of the document in which it is set out the date of that document and a statement that it contains, as appropriate—
(i) the first indictment in the case,
(ii) a proposed amended indictment,
(iii) a substituted indictment,
(iv) an additional indictment,
(v) a trial indictment, or
(vi) an indictment required by rule 25.16(3)(e) (substituted indictment for sentencing purposes).
(7) Unless the Crown Court otherwise directs, the court officer must—
(a) endorse any paper copy of the indictment made for the court with—
(i) a note to identify it as a copy of the indictment, and
(ii) the date on which the draft indictment became the indictment under paragraph (5); and
(b) where rule 10.4, 10.5, 10.7 or 10.8 applies, serve a copy of the indictment on all parties.
(8) The Crown Court may extend the time limit under rule 10.4, 10.5, 10.7 or 10.8, even after it has expired.
[Note. Under section 2(6) of the Administration of Justice (Miscellaneous Provisions) Act 1933, Criminal Procedure Rules may provide for the manner in which and the time at which ‘bills of indictment’ are to be ‘preferred’.
Under rule 3.29 (Application for joint or separate trials, etc.), the court may order separate trials of counts in the circumstances listed in that rule.]
10.3 Draft indictment generated electronically on sending for trial
(1) Unless the Crown Court otherwise directs before the defendant is arraigned, this rule applies where—
(a) a magistrates’ court sends a defendant to the Crown Court for trial;
(b) the magistrates’ court officer serves on the Crown Court officer the notice required by rule 9.5 (Duty of magistrates’ court officer); and
(c) by means of such electronic arrangements as the court officer may make for the purpose, there is presented to the Crown Court as a count—
(i) each allegation of an indictable offence specified in the notice, and
(ii) each allegation specified in the notice to which section 40 of the Criminal Justice Act 1988 applies (specified summary offences founded on the prosecution evidence).
(2) Where this rule applies—
(a) each such allegation constitutes a count;
(b) the allegation or allegations so specified together constitute a draft indictment;
(c) before the draft indictment so constituted is preferred before the Crown Court under rule 10.2(5)(b)(i) the prosecutor may substitute for any count an amended count to the same effect and charging the same offence;
(d) if under rule 3.19 (Service of prosecution evidence) the prosecutor has served copies of the documents containing the evidence on which the prosecution case relies then, before the draft indictment is preferred before the Crown Court under rule 10.2(5)(b)(i), the prosecutor may substitute or add—
(i) any count charging substantially the same offence as one specified in the notice, and
(ii) any other count charging an offence which the Crown Court can try and which is based on the prosecution evidence so served; and
(e) a prosecutor who substitutes or adds a count under paragraph (2)(c) or (d) must serve that count on the Crown Court officer and the defendant.
[Note. An ‘indictable offence’ is (i) an offence classified as triable on indictment exclusively, or (ii) an offence classified as triable either on indictment or summarily. See also the note to rule 9.1 (Allocation and sending for trial: When this Part applies).
Section 40 of the Criminal Justice Act 1988 lists summary offences which may be included in an indictment if the charge—
(a) is founded on the same facts or evidence as a count charging an indictable offence; or
(b) is part of a series of offences of the same or similar character as an indictable offence which is also charged.]
10.4 Draft indictment served by the prosecutor after sending for trial
(1) This rule applies where—
(a) a magistrates’ court sends a defendant to the Crown Court for trial; and
(b) rule 10.3 (Draft indictment generated electronically on sending for trial) does not apply.
(2) The prosecutor must serve a draft indictment on the Crown Court officer not more than 20 business days after serving under rule 3.19 (Service of prosecution evidence) copies of the documents containing the evidence on which the prosecution case relies.