Senior Courts Of England And Wales Citation, commencement and interpretation 1 These Rules may be cited as the Criminal Procedure (Amendment) Rules 2016 and shall come into force on 4th April 2016. 2 In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2015 . Amendments to the Criminal Procedure Rules 2015 3 In rule 2.2 (Definitions), in the definition of ‘live link’, for ‘in court’ substitute ‘in the courtroom’. 4 In rule 3.24 (Arraigning the defendant on the indictment)— a after paragraph (4) insert— 5 In a case in which a magistrates’ court sends the defendant for trial, the Crown Court must take the defendant’s plea— a not less than 2 weeks after the date on which that sending takes place, unless the parties otherwise agree; and b not more than 16 weeks after that date, unless the court otherwise directs (either before or after that period expires). ; and b in the first paragraph of the note to the rule, after ‘section 6 of the Criminal Law Act 1967 ’ insert ‘, section 77 of the Senior Courts Act 1981 ’. 5 In Part 4 (Service of documents)— a in rule 4.3 (Service by handing over a document)— i after paragraph (4)(a) insert— b in relation to an application to a High Court judge for permission to serve a draft indictment— i in London, the Listing Office of the Queen’s Bench Division of the High Court, and ii elsewhere, the office at which court staff administer the business of any court then constituted of a High Court judge; , and ii renumber paragraph (4)(b) as paragraph (4)(c); and b in rule 4.4 (Service by leaving or posting a document)— i after paragraph (3)(a) insert— b in relation to an application to a High Court judge for permission to serve a draft indictment— i in London, the Queen’s Bench Listing Office, Royal Courts of Justice, Strand, London WC2A 2LL, and ii elsewhere, the office at which court staff administer the business of any court then constituted of a High Court judge; , and ii renumber paragraph (3)(b) as paragraph (3)(c). 6 In Part 10 (The indictment)— a omit the fourth paragraph of the note to rule 10.1 (Service of indictment); b after rule 10.2 (Form and content of indictment) insert— Application to a High Court judge for permission to serve a draft indictment 10.3 1 This rule applies where a prosecutor wants a High Court judge’s permission to serve a draft indictment. 2 Such a prosecutor must— a apply in writing; b serve the application on— i the court officer, and ii the proposed defendant, unless the judge otherwise directs; and c ask for a hearing, if the prosecutor wants one, and explain why it is needed. 3 The application must— a attach— i the proposed indictment, ii copies of the documents containing the evidence on which the prosecutor relies, including any written witness statement or statements complying with rule 16.2 (Content of written witness statement) and any documentary exhibit to any such statement, iii a copy of any indictment on which the defendant already has been arraigned, and iv if not contained in such an indictment, a list of any offence or offences for which the defendant already has been sent for trial; b include— i a concise statement of the circumstances in which, and the reasons why, the application is made, and ii a concise summary of the evidence contained in the documents accompanying the application, identifying each passage in those documents said to evidence each offence alleged by the prosecutor and relating that evidence to each count in the proposed indictment; and c contain a statement that, to the best of the prosecutor’s knowledge, information and belief— i the evidence on which the prosecutor relies will be available at the trial, and ii the allegations contained in the application are substantially true unless the application is made by or on behalf of the Director of Public Prosecutions or the Director of the Serious Fraud Office. 4 A proposed defendant served with an application who wants to make representations to the judge must— a serve the representations on the court officer and on the prosecutor; b do so as soon as practicable, and in any event within such period as the judge directs; and c ask for a hearing, if the proposed defendant wants one, and explain why it is needed. 5 The judge may determine the application— a without a hearing, or at a hearing in public or in private; b with or without receiving the oral evidence of any proposed witness. 6 At any hearing, if the judge so directs a statement required by paragraph (3)(c) must be repeated on oath or affirmation. 7 If the judge gives permission to serve a draft indictment, the decision must be recorded in writing and endorsed on, or annexed to, the proposed indictment. [Note. See section 2(6) of the Administration of Justice (Miscellaneous Provisions) Act 1933 .] ; and c amend the table of contents correspondingly. 7 In Part 17 (Witness summonses, warrants and orders)— a in rule 17.3 (Application for summons, warrant or order: general rules)— i in paragraph (2), for ‘The party applying must’ substitute ‘A party applying for a witness summons or order must’, ii after paragraph (2) insert— 3 A party applying for an order to be allowed to inspect and copy an entry in bank records must— a identify the entry; b explain the purpose for which the entry is required; and c propose— i the terms of the order, and ii the period within which the order should take effect, if 3 days from the date of service of the order would not be appropriate. , iii renumber paragraph (3) as paragraph (4), and iv after paragraph (4), as so renumbered, insert— 5 The applicant must serve any order made on the witness to whom, or the bank to which, it is directed. ; and b in rule 17.5 (Application for summons to produce a document, etc.: special rules), in paragraph (5) for ‘a banker’s book’ substitute ‘bank records’. 8 In rule 21.4 (Notice to introduce evidence of a defendant’s bad character)— a in paragraph (2), for ‘That party’ substitute ‘A prosecutor or co-defendant who wants to introduce such evidence’; b in paragraph (3), for ‘A prosecutor who wants to introduce such evidence must serve the notice’ substitute ‘A prosecutor must serve any such notice’; c in paragraph (4), for ‘A co-defendant who wants to introduce such evidence must serve the notice’ substitute ‘A co-defendant must serve any such notice’; d in paragraph (5), after ‘A party who objects to the introduction of the evidence’ insert ‘identified by such a notice’; e in paragraph (6)(a), after ‘determine’ insert ‘such’; f in paragraph (7), after ‘receive’ insert ‘such’; and g after paragraph (7), insert— 8 A defendant who wants to introduce evidence of his or her own bad character must— a give notice, in writing or orally— i as soon as reasonably practicable, and in any event ii before the evidence is introduced, either by the defendant or in reply to a question asked by the defendant of another party’s witness in order to obtain that evidence; and b in the Crown Court, at the same time give notice (in writing, or orally) of any direction about the defendant’s character that the defendant wants the court to give the jury under rule 25.14 (Directions to the jury and taking the verdict). 9 In rule 24.3 (Trial and sentence in a magistrates’ court, Procedure on plea of not guilty)— a for paragraph (3)(a) substitute— a the prosecutor may summarise the prosecution case, concisely identifying the relevant law, outlining the facts and indicating the matters likely to be in dispute; ; b after paragraph (3)(a) insert— b to help the members of the court to understand the case and resolve any issue in it, the court may invite the defendant concisely to identify what is in issue; ; c renumber paragraphs (3)(b) to (3)(h) accordingly; and d in the note to the rule, for ‘rule 37.3(3)(d)’ substitute ‘rule 24.3(3)(e)’. 10 In Part 25 (Trial and sentence in the Crown Court)— a in rule 25.9 (Procedure on plea of not guilty)— i for paragraph (2)(b) substitute— b the prosecutor may summarise the prosecution case, concisely outlining the facts and the matters likely to be in dispute; , ii after paragraph (2)(b) insert— c where there is a jury, to help the jurors to understand the case and resolve any issue in it the court may— i invite the defendant concisely to identify what is in issue, if necessary in terms approved by the court, ii if the defendant declines to do so, direct that the jurors be given a copy of any defence statement served under rule 15.4 (Defence disclosure), edited if necessary to exclude any reference to inappropriate matters or to matters evidence of which would not be admissible; , iii renumber paragraphs (2)(c) to (2)(j) accordingly, iv in paragraph (3), for ‘Paragraph (2)(d)’ substitute ‘Paragraph (2)(e)’, and v in paragraph (4), for ‘Paragraph (2)(e)’ substitute ‘Paragraph (2)(f)’; vi in the note to the rule, after the first paragraph insert— Under section 6E of the Criminal Procedure and Investigations Act 1996 the court may make the direction for which rule 25.9(2)(c)(ii) provides on application or on the court’s own initiative. , and vii in the note to the rule, for ‘rule 25.9(2)(e)’ substitute ‘rule 25.9(2)(f)’; b in rule 25.12 (Evidence of a witness in writing), for paragraph (2) substitute— 2 If the court admits such evidence each relevant part of the statement must be read or summarised aloud, unless the court otherwise directs. ; and c in rule 25.14 (Directions to the jury and taking the verdict), in paragraph (6) for ‘paragraph (4)(b)’ substitute ‘paragraph (5)(b)’. 11 In Part 34 (Appeal to the Crown Court)— a in rule 34.7 (Application to introduce further evidence)— i for the heading to the rule, substitute ‘Application to introduce further evidence or for ruling on procedure, evidence or other question of law’, ii in paragraph (1), for ‘This rule applies where’ substitute ‘Paragraph (2) of this rule applies where’, iii after paragraph (2) insert— 3 Paragraph (4) of this rule applies to an application— a about— i case management, or any other question of procedure, or ii the introduction or admissibility of evidence, or any other question of law; b that has not been determined before the hearing of the appeal begins. 4 The application is subject to any other rule that applies to it (for example, as to the time and form in which the application must be made). , and iv for the note to the rule substitute— [Note. See also Part 16 (Written witness statements), Part 19 (Expert evidence) and Part 23 (Restriction on cross-examination by a defendant), which may apply where this Part applies.] ; b amend the table of contents correspondingly; and c for rule 34.11 (Constitution of the Crown Court) substitute— 34.11 1 On the hearing of an appeal the general rule is that— a the Crown Court must comprise— i a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate, and ii no less than two and no more than four justices of the peace, none of whom took part in the decision under appeal; and b if the appeal is from a youth court— i each justice of the peace must be qualified to sit as a member of a youth court, and ii the Crown Court must include a man and a woman. 2 Despite the general rule— a the Crown Court may include only one justice of the peace and need not include both a man and a woman if— i the presiding judge decides that otherwise the start of the appeal hearing will be delayed unreasonably, or ii one or more of the justices of the peace who started hearing the appeal is absent; and b the Crown Court may comprise only a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate if— i the appeal is against conviction, under section 108 of the Magistrates’ Courts Act 1980 , and ii the respondent agrees that the court should allow the appeal, under section 48(2) of the Senior Courts Act 1981. 3 Before the hearing of an appeal begins— a the Crown Court may comprise only a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate; and b so constituted, the court may, among other things, exercise the powers to which the rules in this Part and in Part 3 (Case management) apply. [Note. See sections 73 and 74 of the Senior Courts Act 1981 (which allow rules of court to provide for the constitution of the Crown Court in proceedings on appeal), section 45 of the Children and Young Persons Act 1933 and section 9 of the Courts Act 2003 . Under section 8(1A) of the Senior Courts Act 1981 , a qualifying judge advocate may not exercise the jurisdiction of the Crown Court on an appeal from a youth court.] . 12 In rule 38.5 (Appeal to the Court of Appeal against ruling adverse to prosecution, Crown Court judge’s permission to appeal), in paragraph (1)(b) for ‘rule 67.2’ substitute ‘rule 38.2’. 13 In rule 43.2 (Appeal or reference to the Supreme Court, Application for permission or reference), in paragraph (1)(b)(i) for ‘Part 70’ substitute ‘Part 41’. 14 In Part 45 (Costs)— a in rule 45.1 (When this Part applies), in paragraph (1)(c) for ‘rule 76.6 or rule 76.7’ substitute ‘rule 45.6 or rule 45.7’; b in rule 45.3 (Court’s power to vary requirements)— i in paragraph (1), for ‘The court may’ substitute ‘Unless other legislation otherwise provides, the court may’, and ii at the end of the rule insert— [Note. The time limit for applying for a costs order may be affected by the legislation under which the order is made. See, for example, sections 19(1), (2) and 19A of the Prosecution of Offences Act 1985 , regulation 3 of the Costs in Criminal Cases (General) Regulations 1986 and rules 45.8(4)(a) and 45.9(4)(a).] ; c in rule 45.8 (Costs resulting from unnecessary or improper act, etc.)— i at the end of paragraph (4)(a) insert ‘, and in any event no later than the end of the case’, ii after paragraph (7) insert— 8 To help assess the amount, the court may direct an enquiry by— a the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or b the Registrar, where the assessment is by the Court of Appeal. 9 In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including— a any agreement between the parties about the amount to be paid; b the amount likely to be allowed; c the delay and expense that may be incurred in the conduct of the enquiry; and d the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment. 10 If the court directs such an enquiry— a paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply); b the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and c the court must then assess the amount to be paid. , and iii after the first paragraph of the note to the rule insert— Under section 19(1), (2) of the 1985 Act and regulation 3(1) of the 1986 Regulations, the court’s power to make a costs order to which this rule applies can only be exercised during the proceedings. ; d in rule 45.9 (Costs against a legal representative)— i at the end of paragraph (4)(a) insert ‘, and in any event no later than the end of the case’, ii after paragraph (7) insert— 8 To help assess the amount, the court may direct an enquiry by— a the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or b the Registrar, where the assessment is by the Court of Appeal. 9 In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including— a any agreement between the parties about the amount to be paid; b the amount likely to be allowed; c the delay and expense that may be incurred in the conduct of the enquiry; and d the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment. 10 If the court directs such an enquiry— a paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply); b the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and c the court must then assess the amount to be paid. , iii renumber paragraph (8) as paragraph (11), and iv after the first paragraph of the note to the rule insert— Under section 19A(1) of the 1985 Act, the court’s power to make a costs order to which this rule applies can only be exercised during the proceedings. ; and e in rule 45.10 (Costs against a third party), after paragraph (7) insert— 8 To help assess the amount, the court may direct an enquiry by— a the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or b the Registrar, where the assessment is by the Court of Appeal. 9 In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including— a any agreement between the parties about the amount to be paid; b the amount likely to be allowed; c the delay and expense that may be incurred in the conduct of the enquiry; and d the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment. 10 If the court directs such an enquiry— a paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply); b the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and c the court must then assess the amount to be paid. . 15 For Part 47 (Investigation orders and warrants) substitute the Part set out in the Schedule to these Rules. 16 In rule 50.21 (Extradition, Appeal to the High Court, Respondent’s notice), for paragraph (3) substitute— 3 Such a party must serve any such notice, as appropriate— a not more than 10 business days after— i service on that party of an amended appeal notice under rule 50.20(5) (Form of appeal notice), or ii the expiry of the time for service of any such amended appeal notice whichever of those events happens first; b not more than 5 business days after service on that party of— i an appellant’s notice renewing an application for permission to appeal, ii a direction to serve a respondent’s notice. . 17 In the Glossary at the end of the Criminal Procedure Rules 2015, in the entry for ‘hearsay evidence’ for ‘This expression is defined further by rule 34.1 for the purposes of Part 34 and by rule 57.1 for the purposes of Parts 57 - 61’ substitute ‘This expression is defined further by rule 20.1 for the purposes of Part 20 and by rule 33.1 for the purposes of Part 33’. 18 In the preamble to the Criminal Procedure Rules 2015, in sub-paragraph (b)— a in the first column, headed ‘Rule’, before the entry for rules 4.1 and 4.12 insert ‘3.24’ and in the second column, headed ‘Power’, in the corresponding position insert ‘Section 77 of the Senior Courts Act 1981 ’; and b for the three entries for Part 47 and rule 47.26 substitute the following nine entries, in the following sequence— i in the ‘Rule’ column ‘47.4 and 47.10; 47.24 and 47.30’ and in the corresponding position in the ‘Power’ column ‘Paragraph 15A of Schedule 1 to the Police and Criminal Evidence Act 1984 ’, ii in the ‘Rule’ column ‘47.4 and 47.11 to 47.16 inclusive’ and in the corresponding position in the ‘Power’ column ‘Paragraph 10 of Schedule 5, paragraph 4 of Schedule 6, and paragraph 5 of Schedule 6A to the Terrorism Act 2000 ’, iii in the ‘Rule’ column ‘47.4 and 47.17 to 47.22 inclusive’ and in the corresponding position in the ‘Power’ column ‘Sections 351(2), 362(2), 369(2) and 375(1) of the Proceeds of Crime Act 2002 ’, iv in the ‘Rule’ column ‘47.4 and 47.23’ and in the corresponding position in the ‘Power’ column ‘Section 157(9) of the Extradition Act 2003 ’, v in the ‘Rule’ column ’47.24 and 47.31’ and in the corresponding position in the ‘Power’ column ‘Paragraph 11(5) of Schedule 5 to the Terrorism Act 2000 ’, vi in the ‘Rule’ column ‘47.24 and 47.32’ and in the corresponding position in the ‘Power’ column ‘Section 352(8) of the Proceeds of Crime Act 2002 ’, vii in the ‘Rule’ column ‘47.24 and 47.33’ and in the corresponding position in the ‘Power’ column ‘Section 160(10) of the Extradition Act 2003 ’, viii in the ‘Rule’ column ‘47.35 and 47.38’ and in the corresponding position in the ‘Power’ column ‘Section 59(13) of the Criminal Justice and Police Act 2001 ’, and ix in the ‘Rule’ column ‘47.49’ and in the corresponding position in the ‘Power’ column ‘Section 74(3) of the Senior Courts Act 1981 ’. Thomas of Cwmgiedd, C.J. Rafferty, L.J. Leveson, P. Openshaw, J. Martin Picton Martin Edmunds Stephen Earl Louise Bryant Melissa Case Siân Jones Alison Saunders Patrick Gibbs Nathaniel Rudolf Michael Caplan Paul Harris Lynne Owens David Kenyon Matthew Evans I allow these Rules, which shall come into force on 4th April 2016. Michael Gove Lord Chancellor 27th January 2016