uksi/2025/909 — The Criminal Procedure Rules 2025

2025 No. 909 (L. 7) Senior Courts Of England And Wales Magistrates’ Courts, England And Wales The Criminal Procedure Rules 2025 Made 15th July 2025 Laid before Parliament 22nd July 2025 Coming into force 6th October 2025 The Criminal Procedure Rule Committee— a revokes the Criminal Procedure Rules 2020 and makes the following Rules under section 69 of the Courts Act 2003 , after consulting in accordance with section 72(1)(a) of that Act; and b in making the Rules listed in the first column of this table, exercises also the powers listed in the corresponding entry in the second column— Rule Power 2.4, 2.5, 2.6, 2.7, 2.8 and 2.9 Section 67B(1) of the Courts Act 2003 2.11 Section 2 of the Commissioners for Oaths Act 1889 3.16 Section 86A(2) of the Courts Act 2003 3.21 Section 86A(2) of the Courts Act 2003 3.32 Section 77(1) of the Senior Courts Act 1981 4.1 and 4.12 Section 12(1) and (3) of the Road Traffic Offenders Act 1988 5.5 Section 32(1) of the Criminal Appeal Act 1968 Part 8 Section 48(1) of the Criminal Law Act 1977 9.2 Section 86A(2) of the Courts Act 2003 Part 10 Section 2 of the Indictments Act 1915 and section 2(6) of the Administration of Justice (Miscellaneous Provisions) Act 1933 14.6 Section 5B(9) of the Bail Act 1976 16.4 Section 9(2A) of the Criminal Justice Act 1967 19.3 Section 81(1) of the Police and Criminal Evidence Act 1984 and section 20(3) of the Criminal Procedure and Investigations Act 1996 20.4 Section 132(4) of the Criminal Justice Act 2003 Part 23 Sections 37(5) and 38(6) and (7) of the Youth Justice and Criminal Evidence Act 1999 24.9 Section 16K(1) of the Magistrates’ Courts Act 1980 24.11 Section 52(4) of the Sentencing Act 2020 24.14 Section 12(7ZA) of the Magistrates’ Courts Act 1980 24.15 Section 86A(2) of the Courts Act 2003 25.16 Section 52(4) of the Sentencing Act 2020 25.18 Section 86A(2) of the Courts Act 2003 28.4 Section 385(7) of the Sentencing Act 2020 33.5, 33.35, 33.37 and 33.38 Section 91 of the Proceeds of Crime Act 2002 34.11 Sections 73(2) and 74(2), (3) and (4) of the Senior Courts Act 1981 36.8 Section 87(4) of the Senior Courts Act 1981 37.6 Section 49(1) of the Criminal Justice Act 2003 38.9 Section 73(2) of the Criminal Justice Act 2003 40.8 Section 159(6) of the Criminal Justice Act 1988 42.8 Section 141(2) of the Sentencing Act 2020 42.14, 42.18, 42.19 and 42.20 Section 91 of the Proceeds of Crime Act 2002 44.2 Section 30(1) of the Criminal Justice Act 2003 45.6 and 45.7 Section 52(1) of the Senior Courts Act 1981 47.4 and 47.10; 47.24 and 47.30 Paragraph 15A of Schedule 1 to the Police and Criminal Evidence Act 1984 47.4 and 47.11 to 47.16 inclusive Paragraph 10(2) of Schedule 5, paragraph 14(2) of Schedule 5A, paragraph 4(1) of Schedule 6 and paragraph 5(1) of Schedule 6A to the Terrorism Act 2000 47.4 and 47.17 to 47.22 inclusive Sections 351(2), 362(2), 369(2) and 375(1) of the Proceeds of Crime Act 2002 47.4 and 47.23 Section 157(9) of the Extradition Act 2003 47.24 and 47.31 Paragraph 11(5) of Schedule 5 to the Terrorism Act 2000 47.24 and 47.32 Section 352(8) of the Proceeds of Crime Act 2002 47.24 and 47.33 Section 160(10) of the Extradition Act 2003 47.35 and 47.38 Section 59(13) of the Criminal Justice and Police Act 2001 47.49 Section 74(3) of the Senior Courts Act 1981 47.63 to 47.68 inclusive Sections 11(1) and 18(2) of the Crime (Overseas Production Orders) Act 2019 48.16 Section 19 of the Criminal Procedure and Investigations Act 1996 50.17 Section 67 of the Senior Courts Act 1981 50.23 Sections 36A(4), 36B(3), 118A(4) and 118B(3) of the Extradition Act 2003 50.30 Sections 19(3) and 66(1) of the Senior Courts Act 1981 These Rules may be cited as the Criminal Procedure Rules 2025 and shall come into force on 6th October 2025. PART 1 THE OVERRIDING OBJECTIVE Contents of this Part The overriding objective rule 1.1 The duty of the participants in a criminal case rule 1.2 The application by the court of the overriding objective rule 1.3 The overriding objective 1.1 1 The overriding objective of this procedural code is that criminal cases be dealt with justly. 2 Dealing with a criminal case justly includes― a acquitting the innocent and convicting the guilty; b treating all participants with politeness and respect; c dealing with the prosecution and the defence fairly; d recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights; e respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case; f dealing with the case efficiently and expeditiously; g ensuring that appropriate information is available to the court when bail and sentence are considered; and h dealing with the case in ways that take into account― i the gravity of the offence alleged, ii the complexity of what is in issue, iii the severity of the consequences for the defendant and others affected, and iv the needs of other cases. The duty of the participants in a criminal case 1.2 1 Each participant, in the conduct of each case, must― a prepare and conduct the case in accordance with the overriding objective; b comply with these Rules, practice directions and directions made by the court; and c at once inform the court and all parties of any significant failure (whether or not that participant is responsible for that failure) to take any procedural step required by these Rules, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective. 2 Anyone involved in any way with a criminal case is a participant in its conduct for the purposes of this rule. The application by the court of the overriding objective 1.3 The court must further the overriding objective in particular when― a exercising any power given to it by legislation (including these Rules); b applying any practice direction; or c interpreting any rule or practice direction. PART 2 UNDERSTANDING AND APPLYING THE RULES; POWERS AND DUTIES OF COURT OFFICERS AND JUSTICES’ LEGAL ADVISERS Contents of this Part Understanding and applying the Rules When the Rules apply rule 2.1 Definitions rule 2.2 References to Acts of Parliament and to Statutory Instruments rule 2.3 Powers of authorised court officers Exercise of court’s functions by authorised court officers: general rules rule 2.4 Exercise of functions of the Court of Appeal rule 2.5 Exercise of functions of the High Court rule 2.6 Exercise of functions of the Crown Court rule 2.7 Exercise of functions of magistrates’ courts rule 2.8 Exercise of functions of a District Judge (Magistrates’ Courts) in extradition cases rule 2.9 Court’s power to extend time under rule 2.6 or rule 2.7 rule 2.10 Powers of court officers to take statutory declarations Taking of statutory declarations by court officers rule 2.11 Justices’ legal advisers Duties of justices’ legal adviser rule 2.12 UNDERSTANDING AND APPLYING THE RULES When the Rules apply 2.1 1 In general, Criminal Procedure Rules apply― a in all criminal cases in magistrates’ courts and in the Crown Court; b in extradition cases in the High Court; and c in all cases in the criminal division of the Court of Appeal. 2 If a rule applies only in one or some of those courts, the rule makes that clear. 3 These Rules apply on and after 6th October 2025 but unless the court otherwise directs, they do not affect a right or duty existing under the Criminal Procedure Rules 2020 . [Note. The rules replaced by the first Criminal Procedure Rules (the Criminal Procedure Rules 2005 ) were revoked when those Rules came into force by provisions of the Courts Act 2003, the Courts Act 2003 (Consequential Amendments) Order 2004 and the Courts Act 2003 (Commencement No. 6 and Savings) Order 2004 . The first Criminal Procedure Rules reproduced the substance of all the rules they replaced.] Definitions 2.2 1 In these Rules, unless the context makes it clear that something different is meant: ‘advocate’ means a person who is entitled to exercise a right of audience in the court under section 13 of the Legal Services Act 2007 ; ‘authorised court officer’ has the meaning given by rule 2.4; ‘business day’ means any day except Saturday, Sunday, Christmas Day, Boxing Day, Good Friday, Easter Monday or a bank holiday; ‘court’ means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates’ Court), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals and an authorised court officer; ‘court officer’ means the appropriate member of the staff of a court; ‘justices’ legal adviser’ means a person authorised under section 28 of the Courts Act 2003 to give advice about law to justices of the peace; ‘legal representative’ means: the person for the time being named as a party’s representative in any legal aid representation order made under section 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 , or subject to that, the person named as a party’s representative in any notice for the time being given under rule 46.2 (Notice of appointment, etc. of legal representative: general rules), provided that person is entitled to conduct litigation in the court under section 13 of the Legal Services Act 2007; ‘live link’ means a live audio link or a live video link and: ‘live audio link’ means a live telephone link or other arrangement by which a person taking part in a hearing can hear, and be heard by, everyone else who is taking part and who is not in the same place as that person, ‘live video link’ means a live television link or other arrangement by which a person taking part in a hearing can see and hear, and be seen and heard by, everyone else who is taking part and who is not in the same place as that person; ‘live link direction’ means a direction that: under section 51(1) of the Criminal Justice Act 2003 requires or permits a person to take part through a live audio link or a live video link in the proceedings listed in section 51(3) of that Act, or under section 206A of the Extradition Act 2003 requires a person to take part through a live link in a hearing in proceedings under Part 1 or Part 2 of that Act; ‘Practice Direction’ means the Lord Chief Justice’s Criminal Practice Directions, as amended, and ‘Criminal Costs Practice Direction’ means the Lord Chief Justice’s Practice Direction (Costs in Criminal Proceedings), as amended; ‘public interest ruling’ means a ruling about whether it is in the public interest to disclose prosecution material under sections 3(6), 7A(8) or 8(5) of the Criminal Procedure and Investigations Act 1996 ; and ‘Registrar’ means the Registrar of Criminal Appeals or a court officer exercising a function of the Registrar. 2 Special definitions and definitions of some other expressions are in the rules in which they apply. ... References to legislation, including these Rules 2.3 1 In these Rules, where a rule refers to an Act of Parliament or to subordinate legislation by title and year, subsequent references to that Act or to that legislation in the rule are shortened: so, for example, after a reference to the Criminal Procedure and Investigations Act 1996 that Act is called ‘the 1996 Act’; and after a reference to the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011 those Regulations are called ‘the 2011 Regulations’. 2 In the courts in which these Rules apply― a unless the context makes it clear that something different is meant, a reference to the Criminal Procedure Rules, without reference to a year, is a reference to the Criminal Procedure Rules in force at the date on which the event concerned occurs or occurred; b a reference to the Criminal Procedure Rules may be abbreviated to ‘CrimPR’; and c a reference to a Part or rule in the Criminal Procedure Rules may be abbreviated to, for example, ‘CrimPR Part 3’ or ‘CrimPR 3.5’. POWERS OF AUTHORISED COURT OFFICERS Exercise of court’s functions by authorised court officers: general rules 2.4 1 This rule and rules 2.5, 2.6, 2.7, 2.8 and 2.9 provide for the exercise of relevant judicial functions within the meaning of section 67A of the Courts Act 2003 ― a in a court in which these Rules apply; and b by a person authorised for the purpose by the Lord Chief Justice under section 67B of that Act . 2 In this rule and in rules 2.5, 2.6, 2.7, 2.8 and 2.9― a ‘authorised court officer’ means any such person; and b a reference to an authorised court officer who is legally qualified is a reference to one who has such qualifications as are for the time being prescribed by regulations made under section 28(3) of the Courts Act 2003. 3 No court officer may― a authorise a person’s committal to prison; b authorise a person’s arrest (but that exclusion does not apply to the issue of a warrant of arrest, whether or not endorsed for bail, to secure that a person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of that person to the issue of the warrant); c grant or withhold bail, except to the extent that rule 2.6 or rule 2.8 allows; d adjudicate on guilt, or on the act or omission with which a defendant is charged, except to the extent of― i acquitting a defendant against whom the prosecutor offers no evidence, ii convicting a defendant who pleads guilty, or iii giving a prosecutor permission to withdraw a case; e determine the admissibility of evidence , except to the extent that rule 2.8 allows ; f set ground rules for the conduct of questioning where rule 3.8(6), (7) (directions for the appropriate treatment and questioning of a witness or the defendant) applies; g make findings of fact for the purpose of sentence, defer or pass sentence, impose a penalty or commit a defendant to the Crown Court for sentence; h make an order for a party or other person to pay costs, unless that party or person agrees; i make any other order consequent upon acquittal, conviction or a finding that the accused did the act or made the omission charged, except to the extent that rule 2.8 allows; j vary, discharge, remit, remove, revoke, review or suspend a sentence, penalty or other order consequent on acquittal or conviction, except to the extent that rule 2.8 allows; k order the search, confiscation, restraint, detention or seizure of property except to the extent that rule 2.8 allows; l determine an appeal or reference to an appeal court, or an application for permission to appeal or refer, except to the extent that rule 2.6 allows; or m determine an allegation of contempt of court. 4 An authorised court officer may exercise a relevant judicial function for which rule 2.5, 2.6, 2.7, 2.8 or 2.9 provides― a only subject to the same conditions as apply to its exercise by the court or person whose function it is; and b where a party affected by the exercise of that function is entitled to make representations before its exercise, only if each such party has had a reasonable opportunity to make such representations― i in writing, or ii at a hearing (whether or not that party in fact attends). 5 Unless the context makes it clear that something different is meant, provision in rule 2.5, 2.6, 2.7, 2.8 or 2.9 permitting the exercise of a relevant judicial function by an authorised court officer includes a power to decline to exercise that function. [Note. Under section 67A of the Courts Act 2003, ‘relevant judicial function’ means a function of a court to which the general duty of the Lord Chancellor under section 1 of that Act applies and a judicial function of a person holding an office that entitles the person to exercise functions of such a court, but does not include in a court in which Criminal Procedure Rules apply ― a any function so far as its exercise involves authorising a person’s committal to prison; or b any function so far as its exercise involves authorising a person’s arrest, except the issue of a warrant of arrest (whether or not endorsed for bail) to secure that a person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of that person to the issue of the warrant. Under section 67B of the 2003 Act, in a court in which Criminal Procedure Rules apply the Rules may provide for the exercise of relevant judicial functions by persons who are appointed under section 2(1) of that Act and who satisfy any requirements specified in the Rules as to qualifications or experience. Such a person may exercise such a function only if authorised to do so by the Lord Chief Justice. Section 28 of the 2003 Act provides for persons authorised by the Lord Chief Justice to give advice to justices of the peace about matters of law. Such a person may be authorised for that purpose only if appointed under section 2(1) of that Act and possessed of such qualifications as may be prescribed by regulations made under section 28. See also rule 2.2 (Definitions).] Exercise of functions of the Court of Appeal 2.5 1 This rule provides for the exercise by an authorised court officer of relevant judicial functions of— a the criminal division of the Court of Appeal; and b the Registrar of Criminal Appeals. 2 Subject to rule 2.4, an authorised court officer may exercise— a any function of the criminal division of the Court of Appeal that may be exercised by the Registrar of Criminal Appeals; and b any other judicial function of the Registrar. 3 Where an authorised court officer exercises a function of the court— a the same provision as that made by section 31A(4) or section 31C(3), as the case may be, of the Criminal Appeal Act 1968 applies as if that function had been exercised by the Registrar; and b rule 36.5 (Renewing an application refused by a judge or the Registrar) applies. [Note. See also rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers. For the functions of the criminal division of the Court of Appeal that may be exercised by the Registrar of Criminal Appeals, see sections 31A and 31B of the Criminal Appeal Act 1968 . For other functions of the Registrar, see section 21 of that Act . Sections 31A(4) and 31C(3) of the 1968 Act provide for the reconsideration by a judge of a decision by the Registrar to which those provisions apply.] Exercise of functions of the High Court 2.6 1 This rule provides for the exercise by an authorised court officer of relevant judicial functions of the High Court in relation to its jurisdiction under the Extradition Act 2003 . 2 An authorised court officer may exercise any such function of the High Court to which the rules in Section 3 of Part 50 apply (Extradition; Appeal to the High Court), subject to— a rule 2.4; and b paragraph (3) of this rule. 3 No court officer may— a grant or withhold bail; b impose or vary a condition of bail; or c reopen a decision which determines an appeal or an application for permission to appeal, unless paragraph (4) applies. 4 If making a decision to which the parties have agreed in writing, an authorised court officer may— a give or refuse permission to appeal; b determine an appeal; c grant or withhold bail; or d impose or vary a condition of bail. 5 Paragraph (6) of this rule— a applies where a party wants a judge to reconsider a decision made by an authorised court officer; but b does not apply where such an officer agrees to postpone the date on which the required period for extradition begins under section 36(3) of the Extradition Act 2003 . 6 Such a party must— a apply for such a reconsideration as soon as reasonably practicable, and in any event no later than the earlier of— i the next hearing before a judge, or ii the fifth business day after the date on which notice of the decision is served on the applicant; b unless the application is made at a hearing, serve the application on— i the court officer, and ii each other party (if any) affected by the decision; and c in the application— i specify the decision in issue, ii explain why it is appropriate for the decision to be reconsidered and what decision the applicant thinks would be appropriate, and iii ask for a hearing, if one is wanted, and explain why it is needed. 7 The judge may determine the application— a at a hearing (which may be in public or private), or without a hearing; and b in the absence of— i the applicant, ii each other party (if any) affected by the decision. 8 But the judge must not determine the application in the absence of an affected party unless that party has had— a such notice as the nature and urgency of the application permits; and b a reasonable opportunity to make written representations. [Note. See also — a rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers; b rule 2.10, which provides for extension of the time limit under this rule; c rule 3.6 (Application to vary a direction); and d rule 50.18 (Case management in the High Court). For the functions of the High Court for which this rule provides, see the introductory note to Section 3 of Part 50. See also rule 50.30 for the constitution of the High Court when exercising the powers to which that Section of that Part applies. Under section 36 of the Extradition Act 2003, where an extradition order has been made under Part 1 of the Act and the outcome of an appeal by the defendant is that he or she is to be extradited, then unless the requesting authority and the High Court agree to postpone that starting date the defendant must be removed to the requesting territory within 10 days starting with the day on which the decision of the relevant court on the appeal becomes final or proceedings on the appeal are discontinued.] Exercise of functions of the Crown Court 2.7 1 This rule provides for the exercise by an authorised court officer of relevant judicial functions of the Crown Court in a criminal cause or matter. 2 Subject to rule 2.4 and to paragraph (3) of this rule, an authorised court officer may— a determine an application to extend a time limit set by a rule or by a judge, including a time limit for the conduct of confiscation proceedings, unless the effect would be— i to affect the date of any hearing that has been fixed, including a trial, or ii significantly to affect the progress of the case in any other way; b give a live link direction under section 51 of the Criminal Justice Act 2003 for the participation of a defendant in custody in a preliminary hearing, a sentencing hearing or an enforcement hearing; c exercise the court’s functions listed in rule 23.2 (Appointment of advocate to cross-examine witness) and select such an advocate as that rule describes (but a court officer may not decline to select such an advocate where that rule applies); d issue a summons under section 80 of the Senior Courts Act 1981 in proceedings to which rule 32.2 applies (application, etc. in relation to the breach, revocation or amendment of a community or other order); and e amend the local justice area named in the order on receipt of a notice from the responsible officer— i in respect of a community order under paragraph 16(3) of Schedule 10 to the Sentencing Act 2020 , or ii in respect of a suspended sentence order under paragraph 23(3) of Schedule 16 to the 2020 Act . 3 An authorised court officer may not exercise a function of the court in a case in which a judge so directs. 4 Paragraph (5) of this rule applies where a party or an advocate appointed under rule 23.2 (Appointment of advocate to cross-examine witness) wants a judge to reconsider a decision made by an authorised court officer. 5 Such a party or advocate must— a apply for such a reconsideration as soon as reasonably practicable, and in any event no later than the earlier of— i the next hearing before a judge, or ii the tenth business day after the date on which notice of the decision is served on the applicant; b unless the application is made at a hearing, serve the application on— i the court officer, and ii each other party (if any) affected by the decision; and c in the application— i specify the decision in issue, ii explain why it is appropriate for the decision to be reconsidered and what decision the applicant thinks would be appropriate, and iii ask for a hearing, if one is wanted, and explain why it is needed. 6 The judge may determine the application— a at a hearing (which may be in public or private), or without a hearing; and b in the absence of— i the applicant, ii each other party (if any) affected by the decision. 7 But the judge must not determine the application in the absence of an affected party unless that party has had— a such notice as the nature and urgency of the application permits; and b a reasonable opportunity to make representations. [Note. See also — a rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers; b rule 2.10, which provides for extension of the time limit under this rule; and c rule 3.6 (Application to vary a direction). For the constitution and powers of the Crown Court, see the note to rule 25.1 (Trial and sentence in the Crown Court; When this Part applies).] Exercise of functions of a magistrates’ court 2.8 1 This rule provides for the exercise by an authorised court officer of relevant judicial functions of a magistrates’ court in a criminal cause or matter. 2 Subject to rule 2.4 and to paragraph (12) of this rule, an authorised court officer may— a fix, cancel or vary the date, time or place for a hearing, including a trial, or adjourn a hearing; b adjourn, remit or transfer proceedings from one local justice area to another; c determine an application to extend a time limit set by a rule or by the court, unless the effect would be— i to affect the date of any hearing that has been fixed, including a trial, or ii significantly to affect the progress of the case in any other way; d issue a summons at the request of a public prosecutor, or under section 16B of the Magistrates’ Courts Act 1980 (Cases not tried in accordance with section 16A) or section 83 of that Act (Process for securing attendance of offender); e give a prosecutor permission to withdraw a case; f grant bail where the defendant already is on bail and— i the conditions, if any, to which that bail is subject will remain the same, or ii bail conditions will be varied or imposed with both parties’ agreement; g give consent for another magistrates’ court to deal with a defendant for an offence in respect of which the defendant, when an adult, was discharged conditionally; h order a convicted defendant to produce his or her driving licence; i require a statement of the defendant’s assets and other financial circumstances; j amend an attendance centre order to— i vary the day or hour specified in that order for the defendant’s first attendance, or ii substitute an alternative centre; k amend the local justice area or responsible officer named in an order of the court; l amend a sentence or order by requiring it to be completed in Northern Ireland or Scotland; m extend the time for service of a statutory declaration to which applies— i rule 44.2 (Statutory declaration of ignorance of proceedings), or ii rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice); n fix a later time at which a defendant must attend court for the purposes of an enquiry or hearing under section 82 of the Magistrates’ Courts Act 1980 (Restriction on power to impose imprisonment for default); o conduct a means enquiry; p make a collection order; q issue a warrant of control; r extend the time for payment of a fine or sum to which Part 30 (Enforcement of fines and other orders for payment) applies; s vary an order for the payment by instalments of such a fine or sum; t make a transfer of fine order; u make a disclosure order under section 125CA Magistrates’ Courts Act 1980 (Power to make disclosure order) for the purposes of securing the execution of a warrant; v make an attachment of earnings order; w make or withdraw an application for deductions to be made from a defendant’s benefit payments; and x take any step listed in paragraph 38 of Schedule 5 to the Courts Act 2003 (range of further steps available against defaulters). 3 In addition to the functions listed in paragraph (2), subject to rule 2.4 and to paragraph (12) of this rule an authorised court officer who is legally qualified may exercise a function of a magistrates’ court listed in any of paragraphs (4) to (11). 4 Associated primarily with the rules about general matters (Parts 1 to 6)— a exercising the powers to which section 50 of the Crime and Disorder Act 1998 (Early administrative hearings) refers ...; b giving, varying or revoking a live link direction under sections 51 and 52 of the Criminal Justice Act 2003 for the participation of a defendant in custody in a preliminary hearing, a sentencing hearing or an enforcement hearing; c determining an application to extend a time limit set by a rule or by the court; d giving, varying or revoking an order for separate or joint trials in respect of two or more defendants or two or more offences, if all parties agree; e giving, varying or revoking directions for the conduct of proceedings, including— i the timetable for the case, ii the attendance of the parties, iii the service of documents (including summaries of any legal arguments relied on by the parties), iv the manner in which evidence is to be given, insofar as this rule makes no other provision and except the making, varying or revocation of a witness anonymity order; and v giving a ruling to which section 8A of the Magistrates’ Courts Act 1980 (power to make rulings at pre-trial hearing) refers where there is no objection to the ruling; f directing the correction of a court record under rule 5.4(4) (correction of inaccuracy in court record); g where rule 5.10 applies (Request or application determined by the court)— i directing service of a request under rule 5.10(2)(a)(ii) (service on a person not specified by the rule), ii extending the period for objection under rule 5.10(3), and iii determining a request referred to the court under rule 5.9(7) (Request for information by a party or person directly affected by a case) where no notice of objection is given within the time for which rule 5.10(3) provides; h where there is no objection to the order, imposing a reporting restriction under— i section 45 of the Youth Justice and Criminal Evidence Act 1999 (identity of a person under 18), or ii section 8C of the Magistrates’ Courts Act 1980 (rulings and decisions under sections 8A and 8B of that Act); i giving permission for proceedings to be recorded; and j asking a court security officer to remove a person from a courtroom. 5 Associated primarily with the rules about preliminary proceedings (Parts 7 to 12)— a issuing a summons and giving directions for service; b under section 4 of the Summary Jurisdiction (Process) Act 1881 , endorsing a summons or warrant issued by a court in Scotland; c giving a prosecutor permission to withdraw a charge; d dismissing a prosecution where the prosecutor offers no evidence; e amending a charge; and f sending a defendant to the Crown Court for trial where the only condition for sending is— i that prescribed by section 51(2)(a), of the Crime and Disorder Act 1998 (offence triable only on indictment other than one in respect of which notice is given under section 51B or 51C of that Act ), or ii the service of a notice under section 51B or 51C of that Act (prosecutor’s notice requiring sending for trial in a case of serious or complex fraud or a case in which a child is to be called as a witness). 6 Associated primarily with the rules about custody and bail (Parts 13 and 14)— a issuing or withdrawing a warrant for a person’s arrest to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of that person to the issue of the warrant; and b granting bail where— i the defendant is present, ii the prosecutor agrees to the grant of bail, and iii the conditions, if any, to which that bail will be subject will remain the same as before, or will be varied or imposed with the parties’ agreement. 7 Associated primarily with the rules about evidence (Parts 16 to 23)— a requiring a person who has made a written statement to attend before the court to give evidence; b issuing a witness summons and giving directions for its service; and c exercising the court’s functions listed in rule 23.2 (Appointment of advocate to cross-examine witness) and appointing such an advocate as that rule describes (but a court officer may not decline to appoint such an advocate where that rule applies). 8 Associated primarily with the rules about trial (Parts 24 to 27)— a convicting a defendant who has pleaded guilty; b requesting a pre-sentence report where a defendant pleads guilty; ... c directing the commissioning of a medical report ; and d ordering interim disqualification from driving under section 26 of the Road Traffic Offenders Act 1988, unless— i the defendant has served on the court officer representations to which rule 29.1 refers (Representations about obligatory disqualification or endorsement), or ii the defendant states an intention to make such representations at the sentencing hearing. 9 Associated primarily with the rules about appeal (Parts 34 to 44)— a stating a case for the opinion of the High Court where the decision under appeal was made by an authorised court officer; and b requiring the appellant to enter into a recognizance under section 114 of the Magistrates’ Courts Act 1980 on an application to state a case for the opinion of the High Court. 10 Associated primarily with the rules about costs (Part 45)— a making or varying an order for a party to pay costs, if both parties agree; b making or varying an order for another person to pay costs, if that person agrees; and c making a costs order to which rule 45.4 (Costs out of central funds) applies. 11 Associated primarily with the rules about other proceedings (Parts 46 to 50)— a making a legal aid representation order on an appeal against a refusal of legal aid (but a court officer may not decline to make such an order); and b determining an application for a change of legal representative. 12 An authorised court officer who is not a justices’ legal adviser may not exercise a function of the court in a case in which a District Judge (Magistrates’ Courts), a lay justice or a justices’ legal adviser so directs. [Note. See also — a rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers; and b rule 3.6 (Application to vary a direction). Under section 148 of the Magistrates’ Courts Act 1980 , the expression ‘magistrates’ court’ means any justice or justices of the peace acting under any enactment or by virtue of their commission or under the common law. For a court’s power to try an allegation of an offence, see the note to rule 24.1 (Trial and sentence in a magistrates’ court; When this Part applies). Under section 50 of the Crime and Disorder Act 1998 , where a defendant has been charged with an offence at a police station, the magistrates’ court before which that defendant appears or is brought for the first time in relation to the charge may consist of a single justice; if the defendant is represented, or has been given an opportunity to apply for representation, then at such a hearing that justice may exercise such of the powers of a single justice as they think fit; and where on such an occasion the powers of a single justice are exercised by an authorised court officer that court officer may not remand the defendant in custody or, without the consent of the prosecutor and the defendant, remand the defendant on bail on conditions other than those (if any) previously imposed. The functions of a single justice include allocation and sending for trial: see section 17E of the Magistrates’ Courts Act 1980 and sections 51(13) and 51A(11) of the Crime and Disorder Act 1998. Under section 8A of the Magistrates’ Courts Act 1980 , at a pre-trial hearing a magistrates’ court may make a ruling as to any question as to the admissibility of evidence and any other question of law relating to the case. Under section 8B(3) of the 1980 Act , a magistrates’ court may discharge or vary (or further vary) a pre-trial ruling within the meaning of section 8A of that Act if the court has given the parties an opportunity to be heard and if, among other things, there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made. Under section 8C of that Act, the court may impose restrictions on the reporting of such decisions. Under section 53(4) of the Courts Act 2003, a court security officer acting in the execution of that officer’s duty may remove any person from a courtroom at the request of a judge or a justice of the peace.] Exercise of functions of a District Judge (Magistrates’ Courts) in extradition cases 2.9 1 This rule provides for the exercise by an authorised court officer of relevant judicial functions of a District Judge (Magistrates’ Courts) in a case to which Part 50 (Extradition) applies. 2 Subject to rule 2.4, an authorised court officer who is legally qualified may— a fix, cancel or vary the date, time or place for a hearing, including an extradition hearing; and b determine an application to extend a time limit set by a rule or by the court, unless the effect would be— i to affect the date of any hearing that has been fixed, including an extradition hearing, or ii significantly to affect the progress of the case in any other way. 3 An authorised court officer who is not a justices’ legal adviser may not exercise a function of the court in a case in which a District Judge (Magistrates’ Courts) or a justices’ legal adviser so directs. [Note. See also — a rule 2.4, which makes general rules about the exercise of judicial functions by authorised court officers; b rule 3.6 (Application to vary a direction); and c rule 50.4 (Case management in the magistrates’ court and duty of court officer).] Court’s power to extend time under rule 2.6 or rule 2.7 2.10 1 The court may extend (even after it has expired) a time limit under rule 2.6 (Exercise of functions of the High Court) or rule 2.7 (Exercise of functions of the Crown Court). 2 A party who wants an extension of time must— a apply when serving the application for which it is needed; and b explain the delay. POWERS OF COURT OFFICERS TO TAKE STATUTORY DECLARATIONS Taking of statutory declarations by court officers 2.11 1 This rule applies to a statutory declaration required by― a rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice); or b rule 44.2 (Statutory declaration of ignorance of proceedings). 2 A court officer may take a statutory declaration to which this rule applies if that officer is— a a justices’ legal adviser; b nominated for the purpose by a justices’ legal adviser; or c authorised to exercise the function to which rule 2.8(2)(m) refers (extending time for the service of a statutory declaration). [Note. Section 2 of the Commissioners for Oaths Act 1889 allows rules that regulate the procedure of a court to authorise the taking of a statutory declaration by an officer of that court.] JUSTICES’ LEGAL ADVISERS Duties of justices’ legal adviser 2.12 1 This rule applies in relation to a magistrates’ court, including a youth court, that comprises a lay justice or lay justices. 2 A justices’ legal adviser― a must provide the court with any legal advice that it needs to carry out its functions, whether the court asks for that advice or not, including advice about― i questions of law, ii questions of mixed law and fact, iii matters of practice and procedure, iv relevant judicial decisions that bind the court, v the process to be followed to reach a decision, vi the process to be followed when sentencing, vii the range of penalties and orders available when sentencing and the matters to be taken into account, in accordance with any sentencing guideline that applies, and viii any other matter relevant to the case before the court; b must allow the parties, if present, an opportunity to make representations to the court about that advice; c may ask questions of a party or witness on the court’s behalf to clarify representations and evidence; d if necessary must assist the court with the formulation and recording of reasons for its decisions; and e may make announcements on the court’s behalf, other than an announcement of— i an allocation or sending decision, ii an indication of likely sentence, or iii a verdict or sentence. 3 To provide the legal advice required by paragraph (2)(a) a justices’ legal adviser must― a if necessary, attend the members of the court outside the courtroom; and b in that event, inform the parties, if present, of any such advice given there. 4 A justices’ legal adviser must assist a party who has no legal representative— a to understand what the court requires and why; b to provide information required by the court to prepare for trial or to carry out its other functions; and c if necessary, to make representations to the court or to give evidence. 5 In performing the functions for which these Rules provide a justices’ legal adviser― a must avoid the appearance of advocacy for a party; b must adhere to the same principles that apply to courts of independence, impartiality, integrity, propriety, competence, diligence and ensuring fair treatment; and c may consult with other justices’ legal advisers. [Note. Section 28 of the Courts Act 2003 provides for persons authorised by the Lord Chief Justice to give advice to justices of the peace about matters of law. Such a person may be authorised for that purpose only if appointed under section 2(1) of that Act and possessed of such qualifications as may be prescribed. Section 29 of the 2003 Act provides that the Lord Chief Justice may give directions to such a person but that, apart from that, such a person is not subject to the direction of the Lord Chancellor or anyone else when exercising functions under section 28. See also rule 2.2 (Definitions). The following rules impose specific duties on a justices’ legal adviser in addition to those listed in this rule― a rule 9.4 (duty of justices’ legal adviser during allocation and sending for trial); b rule 14.3 (duty of justices’ legal adviser in proceedings about bail and custody time limits); c rule 24.14 (duty of justices’ legal adviser during trial and sentence in a magistrates’ court); d rule 30.2 ((duty of justices’ legal adviser in proceedings about the enforcement of fines and other orders for payment); e rule 35.4 (duty of justices’ legal adviser on an application to a magistrates’ court to state a case for the High Court); and f rule 47.25 (duty of justices’ legal adviser on an application to a magistrates’ court for a search warrant).] PART 3 CASE MANAGEMENT Contents of this Part General rules When this Part applies rule 3.1 The duty of the court rule 3.2 The duty of the parties rule 3.3 Case progression officers and their duties rule 3.4 The court’s case management powers rule 3.5 Application to vary a direction rule 3.6 Agreement to vary a time limit fixed by a direction rule 3.7 Case preparation and progression rule 3.8 Ground rules hearing rule 3.9 Directions for commissioning medical reports, other than for sentencing purposes rule 3.10 Hearing to inform the court of sensitive material rule 3.11 Readiness for trial or appeal rule 3.12 Conduct of a trial or an appeal rule 3.13 Duty of court officer rule 3.14 Court’s power to vary requirements under this Part rule 3.15 Preparation for trial in a magistrates’ court Pre-trial hearings in a magistrates’ court: general rules rule 3.16 Place of magistrates’ court trial rule 3.17 Use of Welsh language at magistrates’ court trial rule 3.18 Preparation for trial in the Crown Court Service of prosecution evidence rule 3.19 Application to dismiss offence sent for Crown Court trial rule 3.20 Pre-trial hearings in the Crown Court: general rules rule 3.21 Preparatory hearing rule 3.22 Application for preparatory hearing rule 3.23 Application for non-jury trial containing information withheld from a defendant rule 3.24 Representations in response to application for preparatory hearing rule 3.25 Commencement of preparatory hearing rule 3.26 Defence trial advocate rule 3.27 Application to stay case for abuse of process rule 3.28 Application for joint or separate trials, etc. rule 3.29 Order for joint or separate trials, or amendment of the indictment rule 3.30 Application for indication of sentence rule 3.31 Arraigning the defendant on the indictment rule 3.32 Place of Crown Court trial rule 3.33 Use of Welsh language at Crown Court trial rule 3.34 Live links Live link direction: exercise of court’s powers rule 3.35 Content of application for a live link direction rule 3.36 Application to vary or rescind a live link direction rule 3.37 Application containing information withheld from another party rule 3.38 Representations in response rule 3.39 GENERAL RULES When this Part applies 3.1 1 Rules 3.1 to 3.15 apply to the management of each case in a magistrates’ court and in the Crown Court (including an appeal to the Crown Court) until the conclusion of that case. 2 Rules 3.16 to 3.18 apply where the case must be tried in a magistrates’ court, or the court orders trial there. 3 Rules 3.19 to 3.34 apply where― a the defendant is sent to the Crown Court for trial; b a High Court or Crown Court judge gives permission to serve a draft indictment; or c the Court of Appeal orders a retrial. 4 Rules 3.35 to 3.39 apply where the court can give a live link direction. [Note. Rules that apply to procedure in the Court of Appeal are in Parts 36 to 42 of these Rules. Rules that apply to procedure in extradition proceedings are in Part 50 of these Rules: see in particular rules 50.3, 50.4, 50.17 and 50.18. 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 . See Part 9 (Allocation and sending for trial) for the procedure. 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 . Under paragraph 2(1) of Schedule 17 to the Crime and Courts Act 2013 and section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 ,the Crown Court may give permission to serve a draft indictment where it approves a deferred prosecution agreement. See Part 11 for the rules about that procedure and Part 10 for the rules about indictments. The procedure for applying for the permission of a High Court judge to serve a draft indictment is in rule 10.9 (Application to a High Court judge for permission to serve a draft indictment). 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, section 84 of the 2003 Act and rules 27.6 and 39.14 require the arraignment of a defendant within 2 months.] The duty of the court 3.2 1 The court must further the overriding objective by actively managing the case. 2 Active case management includes― a the early identification of the real issues; b the early identification of the needs of witnesses; c achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the progress of the case; d monitoring the progress of the case and compliance with directions; e ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way; f discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings; g encouraging the participants to co-operate in the progression of the case; and h making use of technology. 3 The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible. 4 Where appropriate live links are available, making use of technology for the purposes of this rule includes giving a live link direction for a person’s participation― a under a power to which rule 3.35 applies (Live link direction: exercise of court’s powers); and b whether an application for such a direction is made or not. 5 At the first hearing in a case the court must require a defendant who is present― a to provide― i the defendant’s name and date of birth; and ii at least one address at which documents may be served on the defendant under rule 4.4 (Service by leaving or posting a document), including any address at which the defendant resides, in order to facilitate effective communication between the court and the defendant; and b further to assist communication between the court and the defendant, to provide any― i electronic address by means of which written messages may be sent to the defendant, and ii telephone number by means of which oral messages may be given to or left for the defendant. 6 At any hearing after the first in a case the court may require a defendant who is present to provide or confirm the information required under paragraph (5). 7 Information required under paragraph (5)(a) must be provided in public unless the court otherwise directs. 8 If the defendant fails to comply with a requirement to provide name and date of birth― a the court that imposed the requirement― i may invite the prosecutor there and then to start a prosecution in respect of that failure, in accordance with the rules in Part 7 (Starting a prosecution in a magistrates’ court), ii must apply to any such prosecution the rules in Part 24 (Trial and sentence in a magistrates’ court), and iii in any such prosecution may receive evidence from court staff but must not, as a general rule, receive evidence from the defendant’s legal representative (if any) or from a member of the court; and b for the purposes of this paragraph the rules in Parts 7 and 24 apply in the Crown Court as well as in a magistrates’ court. [Note. Under section 51 of the Criminal Justice Act 2003 , the court may require or permit any person to take part through a live audio or video link in the pre-trial, trial, sentencing, enforcement and appeal proceedings listed in that section. Under section 52A of the Act , a person who takes part in accordance with a live link direction is to be treated as present in court. Under section 86A of the Courts Act 2003 , Criminal Procedure Rules must specify stages of proceedings at which the court must require the defendant to provide name and date of birth and may specify other stages of proceedings at which such a requirement may be imposed. Under section 86A(3) a person commits an offence if, without reasonable excuse, that person fails to comply with such a requirement, whether by providing false or incomplete information or by providing no information. Under section 86A(6) the court before which a person is required to provide that information may deal with any suspected such offence at the same time as dealing with the offence for which the person was already before the court.] The duty of the parties 3.3 1 Each party must― a actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a direction; and b apply for a direction if needed to further the overriding objective. 2 Active assistance for the purposes of this rule includes― a at the beginning of the case, communication between the prosecutor and the defendant at the first available opportunity and in any event no later than the beginning of the day of the first hearing; b after that, communication between the parties and with the court officer until the conclusion of the case; c by such communication establishing, among other things― i whether the defendant is likely to plead guilty or not guilty, ii what is agreed and what is likely to be disputed, iii what information, or other material, is required by one party of another, and why, and iv what is to be done, by whom, and when (without or if necessary with a direction); d reporting on that communication to the court― i at the first hearing, and ii after that, as directed by the court; e alerting the court to any reason why― i a live link direction should not be given, or ii such a direction should be varied or rescinded; f alerting the court to any potential impediment to the defendant’s effective participation in the trial; g alerting the court to any potential need for a witness to be accompanied while giving evidence, and in that event― i identifying a proposed companion, ii naming that person, if possible, and iii explaining why that person would be an appropriate companion for the witness, including the witness’ own views; and h alerting the court to any related family proceedings or anticipated such proceedings as soon as reasonably practicable after becoming aware of them. [Note. See also rule 3.8(7) (Case preparation and progression) about the participation of a witness companion.] Case progression officers and their duties 3.4 1 At the beginning of the case each party must, unless the court otherwise directs― a nominate someone responsible for progressing that case; and b tell other parties and the court who that is and how to contact that person. 2 In fulfilling its duty under rule 3.2, the court must where appropriate― a nominate a court officer responsible for progressing the case; and b make sure the parties know who that is and how to contact that court officer. 3 In this Part a person nominated under this rule is called a case progression officer. 4 A case progression officer must― a monitor compliance with directions; b make sure that the court is kept informed of events that may affect the progress of that case; c make sure that he or she can be contacted promptly about the case during ordinary business hours; d act promptly and reasonably in response to communications about the case; and e if he or she will be unavailable, appoint a substitute to fulfil his or her duties and inform the other case progression officers. The court’s case management powers 3.5 1 In fulfilling its duty under rule 3.2 the court may give any direction and take any step actively to manage a case unless that direction or step would be inconsistent with legislation, including these Rules. 2 In particular, the court may― a nominate a judge, magistrate or justices’ legal adviser to manage the case; b give a direction on its own initiative or on application by a party; c ask or allow a party to propose a direction; d receive applications, notices, representations and information by letter, by live link, by email or by any other means of electronic communication, and conduct a hearing by live link or other such electronic means; e give a direction― i at a hearing, in public or in private, or ii without a hearing; f fix, postpone, bring forward, extend, cancel or adjourn a hearing; g shorten or extend (even after it has expired) a time limit fixed by a direction; h require that issues in the case should be― i identified in writing, ii determined separately, and decide in what order they will be determined; i specify the consequences of failing to comply with a direction; j request information from a court dealing with family proceedings by― i making the request itself, or ii directing the court officer or a party to make the request on the criminal court’s behalf; and k supply information to a court dealing with family proceedings as if a request had been made under rule 5.8(7) (Request for information about a case) by― i supplying the information itself, or ii directing the court officer or a party to supply that information on the criminal court’s behalf. 3 A magistrates’ court may give a direction that will apply in the Crown Court if the case is to continue there. 4 The Crown Court may give a direction that will apply in a magistrates’ court if the case is to continue there. 5 Any power to give a direction under this Part includes a power to vary or revoke that direction. 6 If a party fails to comply with a rule or a direction, the court may— a fix, postpone, bring forward, extend, cancel or adjourn a hearing; b exercise its powers to make a costs order; and c impose such other sanction as may be appropriate. 7 In deciding whether to postpone, cancel or adjourn a hearing the court must take into account— a the likelihood that delay would be contrary to the court’s duty under rule 1.3 (The application by the court of the overriding objective); b the court’s duty under rule 3.8 (Case preparation and progression); c the availability of a substitute hearing date; d the need for compelling reasons, and especially where an application to postpone, cancel or adjourn is made at or shortly before the hearing; e the nature and gravity of any failure to comply with a rule or direction, or to take some other step, where that failure prompts the proposed postponement, cancellation or adjournment; and f the evidence of unfitness to attend, where a participant’s ill-health prompts the proposed postponement, cancellation or adjournment, and in particular the extent to which any medical certificate satisfactorily— i identifies the date of the participant’s examination, ii describes the participant’s injury, illness or condition, the activity or activities which that ill-health impedes and the likely duration of that impediment, and iii explains how that ill-health renders the participant unfit to attend the hearing. [Note. Depending upon the nature of a case and the stage that it has reached, its progress may be affected by other Criminal Proce