The Criminal Procedure (Amendment No. 2) Rules 2023

6 Amendments to the Criminal Procedure Rules

In Part 7 (Starting a prosecution in a magistrates’ court)— (a) after rule 7.4 (Summons, warrant and requisition) insert— Notice of defendant in custody 7.5. (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.] Arrangements for court to receive defendant in custody 7.6. (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). ; and (b) amend the table of contents correspondingly.