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The Criminal Procedure (Amendment) (No. 2) Rules 2026

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Change 1

What to do with it
As published

11 Amendment of Part 24

In Part 24 (trial and sentence in a magistrates’ court), in rule 24.11 (procedure if the court convicts)— (a) in paragraph (9)— (i) renumber sub-paragraphs (b) to (e) as sub-paragraphs (c) to (f) respectively; (ii) after sub-paragraph (a) insert— (b) if of the view that an offence for which it is sentencing the defendant involved domestic abuse, within the meaning of sections 1 and 2 of the Domestic Abuse Act 2021, announce that view; ; (b) in paragraph (10), in sub-paragraph (b) omit “for up to 6 months”; (c) in the note to the rule— (i) in the first paragraph, after “52,” insert “56A,”; (ii) for the paragraph beginning “Under section 3 of the Sentencing Act 2020” substitute— Under section 3 of the Sentencing Act 2020, if (among other things) the defendant consents, the court may defer sentence for the purpose of allowing it to take account of the defendant’s conduct after conviction, or any change in the defendant’s circumstances. A deferment order may impose requirements as to the defendant’s conduct during the period of deferment. Under section 5 of the 2020 Act the period of deferment may not be for more than— (a) 6 months after the date on which the order is made, if the defendant was convicted of the offence, or any of the offences, before 22nd March 2026; and (b) 12 months after the date on which the order is made, if the defendant was convicted of the offence, or all of the offences, on or after 22nd March 2026. .

Your change, as a redline

11 Amendment of Part 24

In Part 24 (trial and sentence in a magistrates’ court), in rule 24.11 (procedure if the court convicts)— (a) in paragraph (9)— (i) renumber sub-paragraphs (b) to (e) as sub-paragraphs (c) to (f) respectively; (ii) after sub-paragraph (a) insert— (b) if of the view that an offence for which it is sentencing the defendant involved domestic abuse, within the meaning of sections 1 and 2 of the Domestic Abuse Act 2021, announce that view; ; (b) in paragraph (10), in sub-paragraph (b) omit “for up to 6 months”; (c) in the note to the rule— (i) in the first paragraph, after “52,” insert “56A,”; (ii) for the paragraph beginning “Under section 3 of the Sentencing Act 2020” substitute— Under section 3 of the Sentencing Act 2020, if (among other things) the defendant consents, the court may defer sentence for the purpose of allowing it to take account of the defendant’s conduct after conviction, or any change in the defendant’s circumstances. A deferment order may impose requirements as to the defendant’s conduct during the period of deferment. Under section 5 of the 2020 Act the period of deferment may not be for more than— (a) 6 months after the date on which the order is made, if the defendant was convicted of the offence, or any of the offences, before 22nd March 2026; and (b) 12 months after the date on which the order is made, if the defendant was convicted of the offence, or all of the offences, on or after 22nd March 2026. .

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