Senior Courts Of England And Wales Citation, commencement and interpretation 1 These Rules may be cited as the Criminal Procedure (Amendment) Rules 2022 and come into force on 4th April 2022. 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 2020 . Amendments to the Criminal Procedure Rules 3 In Part 3 (Case management)— a in rule 3.3 (The duty of the parties)— i renumber paragraph (2)(g) as (2)(h), ii at the end of paragraph (2)(f) delete “and”, and iii after paragraph (2)(f) insert— 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 ; and b in rule 3.8 (Case preparation and progression), for paragraph (6) substitute— 6 Facilitating the participation of any person includes― a giving directions for someone to accompany a witness while the witness gives evidence, including directions about seating arrangements for that companion; and b giving directions for the appropriate treatment and questioning of a witness or the defendant, especially where the court directs that such questioning is to be conducted through an intermediary. 4 In Part 5 (Forms and court records), in rule 5.4 (Duty to make records)— a renumber paragraph (1)(j)(iv) as (1)(j)(vi); b at the end of paragraph (1)(j)(iii) delete “and”; and c after paragraph (1)(j)(iii) insert— iv any statement made by the court under section 70(5) of the Proceeds of Crime Act 2002 (statement that if the court were not committing the defendant for consideration of a confiscation order then it would have committed the defendant to the Crown Court for sentence for an offence under section 14, 16 or 16A of the Sentencing Act 2020 ), v any opinion given by the court under section 18(4) or 19(3) of the Sentencing Act 2020 (opinion that if the court 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 offence under one of sections 14, 15, 16, 16A or 17 of that Act), and . 5 In Part 7 (Starting a prosecution in a magistrates’ court), in rule 7.4 (Summons, warrant and requisition)— a for paragraph (8) substitute— 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. ; and b for the third paragraph of the note to the rule substitute— 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. 6 In Part 9 (Allocation and sending for trial)— a in rule 9.1 (When this Part applies), after paragraph (3) insert— 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. ; b in rule 9.2 (Exercise of magistrates’ court’s powers)— i at the end of paragraph (3)(b) omit “and”, ii at the end of paragraph (3)(c) insert “and” , and iii after paragraph (3)(c) insert— 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. ; c in rule 9.5 (Duty of magistrates’ court officer)— i renumber paragraph (1)(b)(v) as (1)(b)(vi), ii at the end of paragraph (1)(b)(iv) omit “and”, and iii after paragraph (1)(b)(iv) insert— v any opinion stated by the court under rule 9.15 (Committal for sentence for offence related to an offence sent for trial), and ; d after rule 9.14 (Allocation and sending for Crown Court trial) insert— COMMITTAL FOR SENTENCE IN CONNECTION WITH SENDING FOR TRIAL Committal for sentence for offence related to an offence sent for trial 9.15 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 28.12 (Sentencing, etc. after committal to the Crown Court). The note to rule 28.12 summarises the statutory provisions that apply.] ; and e amend the table of contents correspondingly. 7 In Part 24 (Trial and sentence in a magistrates’ court)— a in rule 24.8 (Written guilty plea: special rules)— i in paragraph (4), for “before the hearing date specified in the summons or requisition” substitute “as soon as practicable and in any event no later than the business day before the hearing date” , and ii after the third paragraph of the note to the rule insert— See also rule 24.11(10)(a) under which the court must adjourn where the defendant is absent before passing a custodial sentence or imposing a disqualification. ; b in rule 24.11 (Procedure if the court convicts)— i at the beginning of paragraph (9)(a) insert “subject to paragraph (10),” , ii for paragraph (10) substitute— 10 Despite the general rule— a the court must adjourn the hearing if— i the case started with a summons, requisition or single justice procedure notice, ii the defendant is absent, and iii the court considers passing a custodial sentence (where it can do so), or imposing a disqualification (unless it has already adjourned the hearing to give the defendant an opportunity to attend); b the court may defer sentence for up to 6 months; c the court may, and in some cases must, commit the defendant to the Crown Court for sentence; d if the prosecutor asks the court to commit the defendant to the Crown Court in respect of an offence so that a confiscation order can be considered— i the court must commit the defendant for that purpose, and ii sub-paragraph (e) applies; and e where this sub-paragraph applies— i the court may commit the defendant to the Crown Court to be dealt with there for any other offence of which the defendant has been convicted and with which the magistrates’ court otherwise could deal, and ii if it does so, the court must state whether it would have committed the defendant to the Crown Court for sentence anyway under section 14, 16 or 16A of the Sentencing Act 2020 . , and iii for the fourteenth and fifteenth paragraphs of the note to the rule substitute— Under section 3 of the Sentencing Act 2020, if (among other things) the defendant consents, the court may defer sentence for up to 6 months, for the purpose of allowing it to take account of the defendant’s conduct after conviction, or any change in the defendant’s circumstances. 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— a sections 14, 15, 16, 16A, 17, 18, 19 and 20 of the Sentencing Act 2020 ; b the provisions listed in section 24 of the 2020 Act (including section 70 of the Proceeds of Crime Act 2002 ); and c paragraph 11 of Schedule 16 to the 2020 Act. See section 70(5) of the Proceeds of Crime Act 2002 for the court’s power to make the statement to which this rule refers. See also rules 9.15 (Committal for sentence of offence related to an offence sent for trial) and 28.8 (Sentencing, etc. after committal to the Crown Court). The note to rule 28.8 summarises the statutory provisions that apply.] 8 In Part 25 (Trial and sentence in the Crown Court), in rule 25.14 (Directions to the jury and taking the verdict)— a for paragraph (3)(a) and (b) substitute— a to help the jury to come to a verdict— i give jurors directions about the relevant law, and ii summarise for them, to such extent as is necessary, the evidence relevant to the issues they must decide; b give those directions orally and, as a general rule, in writing as well; ; b renumber paragraphs (5) and (6) as (6) and (7) respectively; and c for paragraph (4) substitute— 4 Directions to the jury under paragraph (3)(a) may include questions that the court invites jurors to answer in coming to a verdict. 5 The court may give the jury other assistance in writing. 9 In Part 28 (Sentencing procedures in special cases)— a for the heading to the Part substitute “Sentencing procedures in special cases and on committal for sentence, etc.” ; b in rule 28.10 (Information to be supplied on committal for sentence, etc.)— i at the end of paragraph (2)(a)(vii) omit “and”, ii at the end of paragraph (2)(a)(viii) insert “and” , iii after paragraph (2)(a)(viii) insert— ix statement by the court for the purposes of section 70(5) of the Proceeds of Crime Act 2002 ; , and iv for sub-paragraphs (a) and (b) of the first paragraph of the note to the rule substitute— a a magistrates’ court may (and, in some cases, must) commit the defendant to the Crown Court for sentence, see rules 9.15 (Committal for sentence of offence related to an offence sent for trial), 24.11 (Procedure if the court convicts) and 28.12 (Sentencing, etc. after committal to the Crown Court) (the note to rule 28.12 summarises the statutory provisions that apply) ; b a magistrates’ court may adjourn the case to another magistrates’ court for sentence, see section 10 of the Magistrates’ Courts Act 1980 and section 28 of the Sentencing Act 2020 ; ; c after rule 28.11 (Application to review sentence because of assistance given or withheld) insert— Sentencing, etc. after committal to the Crown Court 28.12 1 This rule applies where a magistrates’ court commits the defendant to the Crown Court— a for sentence; or b to be dealt with under other powers available to the Crown Court after a defendant’s conviction. 2 Rule 25.16 (Trial and sentence in the Crown Court; Procedure if the court convicts) applies as if the defendant had been convicted in the Crown Court. 3 As well as supplying the information required for sentencing purposes by rule 25.16(3), the prosecutor must identify any offence in respect of which the Crown Court cannot deal with the defendant in a way in which it could have done if the defendant had been convicted in the Crown Court, including— a an offence— i committed for sentence under section 18 or 19, as the case may be, of the Sentencing Act 2020 , and ii in respect of which the magistrates’ court did not state the opinion to which section 18(4) or 19(3) of that Act refers; b an offence committed for sentence under section 20 of the 2020 Act; and c an offence— i committed to the Crown Court under section 70 of the Proceeds of Crime Act 2002, and ii in respect of which the magistrates’ court did not make the statement to which section 70(5) of that Act refers. [Note. A magistrates’ court may commit a convicted defendant to the Crown Court for sentence under— a section 14 of the Sentencing Act 2020 (Committal for sentence on summary trial of offence triable either way: adults and corporations) where the defendant is over 18 or is a corporation, the offence is one triable either way and the court is of the opinion that the offence of which the defendant has been convicted, or the combination of that offence and one or more offences associated with it, was so serious that the Crown Court should have the power to deal with the defendant in any way that that court could have done if the defendant had been convicted there; b section 16 of the 2020 Act (Committal for sentence of young offenders on summary trial of certain serious offences) where the defendant is under 18, the offence of which the defendant has been convicted is one to which section 16 refers (offences punishable with imprisonment for 14 years or more and certain sexual offences), and the court is of the opinion that the offence of which the defendant has been convicted, or the combination of that offence and one or more offences associated with it, was such that the Crown Court should have the power to impose a sentence of detention under section 250 of the Act; c section 16A of the 2020 Act (Committal for sentence of young offenders on summary trial of certain terrorist offences) where the defendant is under 18, the offence of which the defendant has been convicted is one within section 252A of the Act (terrorism offences attracting special sentence for offenders of particular concern) and the court is of the opinion that the offence of which the defendant has been convicted, or the combination of that offence and one or more offences associated with it, was such that the Crown Court should have the power to impose a sentence of detention for more than 2 years under section 252A; d section 18 of the 2020 Act (Committal for sentence on indication of guilty plea to offence triable either way: adult offenders) where the defendant is over 18 and the court has sent the defendant to the Crown Court for trial for a related offence; e section 19 of the 2020 Act (Committal for sentence on indication of guilty plea by child with related offences) where the defendant is under 18, the court has sent the defendant to the Crown Court for trial for a related offence, and the offence of which the defendant has been convicted is one to which section 19 refers (offences punishable with imprisonment for 14 years or more and certain sexual offences); or f section 20 of the 2020 Act (Committal in certain cases where offender committed in respect of another offence) where the court commits the defendant to the Crown Court for sentence for an offence under any of sections 14 to 19 of the Act, or under one of the other provisions to which section 20 refers, and— i if that offence is an indictable offence, then the court may also commit the defendant for sentence for any other offence, or ii if that offence is a summary offence, then the court may also commit the defendant for sentence for any other offence of which the court itself has convicted the defendant and which is punishable with imprisonment or disqualification from driving, and for any suspended sentence with which the committing court could deal. A magistrates’ court must commit a convicted defendant to the Crown Court for sentence under— a section 15 of the Sentencing Act 2020 (Committal for sentence of dangerous adult offenders) where the defendant is over 18, the offence of which the defendant has been convicted is one to which section 15 refers, and the court is of the opinion that an extended sentence of detention or imprisonment would be available in relation to the offence; or b section 17 of the 2020 Act (Committal for sentence of dangerous young offenders) where the defendant is under 18, the offence of which the defendant has been convicted is one to which section 17 refers, and the court is of the opinion that an extended sentence of detention would be available in relation to the offence. Under sections 21 and 22 of the Sentencing Act 2020 (Power of Crown Court on committal for sentence of offender under section 14, 15 or 18; Power of Crown Court on committal for sentence of person under 18 under section 16, 16A, 17 or 19), where the defendant is committed for sentence under any of sections 14 to 19 of that Act the Crown Court may deal with the defendant in any way in which it could have done if the defendant had been convicted in that court, unless— a the defendant was committed for sentence under section 18 or 19; b the magistrates’ court did not state the opinion to which either section 18(4) or 19(3), whichever applies, refers (see also rule 9.15 (Committal for sentence for offence related to an offence sent for trial)); and c the defendant is not convicted in the Crown Court of any offence for which the magistrates’ court sent the defendant for trial, in which event the Crown Court may deal with the defendant only in a way in which the magistrates’ court could have done. Under section 23 of the 2020 Act (Power of Crown Court on committal for sentence under section 20), where the defendant is committed for sentence under section 20 of the Act the Crown Court may deal with the defendant only in a way in which the magistrates’ court could have done except in relation to any suspended sentence committed under that section, in respect of which the Crown Court may exercise its usual powers on dealing with such a breach. For other powers of a magistrates’ court to commit a defendant to the Crown Court for sentence or otherwise to deal with the defendant, see— a the provisions listed in section 24 of the 2020 Act (Further powers to commit offender to the Crown Court to be dealt with); and b paragraph 11(2) of Schedule 16 to the 2020 Act, under which a magistrates’ court may commit the defendant to the Crown Court to be dealt with there if the magistrates’ court convicts the defendant of an offence during the operational period of a suspended sentence order made by the Crown Court. The provisions listed in section 24 of the 2020 Act include section 70 of the Proceeds of Crime Act 2002 . Under that section, if a magistrates’ court commits a defendant to the Crown Court so that a confiscation order can be considered then the court also may commit the defendant to the Crown Court to be dealt with there for any other offence of which the defendant has been convicted and with which the magistrates’ court otherwise could deal. Under section 71 of the 2002 Act, the Crown Court may deal with the defendant in any way in which it could have done if the defendant had been convicted in that court, unless the magistrates’ court did not make the statement to which section 70(5) refers. See also rule 24.11(10)(e), which refers to that statement.] ; and d amend the table of contents correspondingly. 10 In Part 33 (Confiscation and related proceedings), in rule 33.47 (Order for costs)— a renumber paragraphs (2) to (7) as (4) to (9) respectively; b for paragraph (1) substitute— 1 This rule authorises the Crown Court, in addition to its other powers, to order a party to pay another party’s costs in restraint or receivership proceedings. 2 The court may make such an order— a on application by the party who incurred the costs; or b on its own initiative. 3 A party who wants the court to make such an order must apply— a during the proceedings; or b as soon as practicable following the conclusion of the proceedings, and in any event within 28 days of that conclusion. ; c in paragraph (4), as renumbered, for “The court” substitute “Where the court is deciding whether to make such an order it” ; d in paragraph (8), as renumbered— i for “paragraph (5)(f)” substitute “paragraph (7)(f)” , and ii for “paragraph (5)(a) or (c)” substitute “paragraph (7)(a) or (c)” ; and e after paragraph (9), as renumbered, insert— 10 The court may extend the time limit under paragraph (3)(b) even after it has expired. 11 In Part 42 (Appeal to the Court of Appeal in confiscation and related proceedings)— a in rule 42.8 (Notice of determination)— i for the heading to the rule substitute “Notice of determination and renewal of application for permission to appeal” , ii in paragraph (1), for “This rule applies” substitute “Paragraphs (2) and (3) of this rule apply” , iii in paragraph (3), for the words from “a court officer” to the end substitute “the Crown Court officer and the court officer for the magistrates’ court responsible for enforcing any confiscation order which the Crown Court has made (the ‘enforcing court’)” , and iv after paragraph (3) insert— 4 Paragraphs (5) and (6) of this rule apply where— a a single judge has refused an application for permission to appeal under section 31 of the 2002 Act , and b the appellant renews that application, in time or with an application to extend the time within which to renew. 5 The Registrar must, as soon as practicable, notify the court officer for the enforcing court, if any, of the service of that renewed application. 6 Unless a single judge, the Court of Appeal or the enforcing court otherwise directs, pending disposal of the renewed application the court officer for the enforcing court must withhold the payment of any sum not yet paid— a which under section 13(6) of the 2002 Act was directed to be paid out of sums recovered under a confiscation order, and b the payment of which is suspended pending appeal. [Note. See also rule 42.11 (Notice of appeal) under which (i) the Registrar must notify the court officer for the enforcing court of the service of a notice of appeal, and (ii) that court officer must notify any person whose entitlement to payment of a sum is suspended by that appeal. Under section 13 of the Proceeds of Crime Act 2002, if the Crown Court makes a confiscation order and one or more priority orders, as defined in that section, against the same defendant in the same proceedings then in some circumstances the court must direct that part or all of the priority order must be paid out of sums recovered under the confiscation order. A compensation order under section 134 of the Sentencing Act 2020 is such a priority order. Under section 141(1) of the 2020 Act, a person in whose favour a compensation order is made is not entitled to receive the amount due until there is no further possibility of the order being varied or set aside on appeal (disregarding any power to grant leave to appeal out of time). Under section 141(2) of the 2020 Act, Criminal Procedure Rules may make provision about the way in which the enforcing court is to deal with money paid in satisfaction of a compensation order where the entitlement of the person in whose favour it was made is suspended.] ; b in rule 42.11 (Notice of appeal)— i at the end of paragraph (1)(a) omit “and”, ii after paragraph (1)(b) insert— c the prosecutor, if the prosecutor is not the appellant; and d any person who the appellant thinks is or may be someone— i holding an interest in property in which the Crown Court determined the extent of the defendant’s interest under section 10A of the 2002 Act , and ii who is neither the defendant nor the appellant. , iii in paragraph (2), for the words before sub-paragraph (a) substitute “When a notice of appeal is served on a respondent defendant, or other person under paragraph (1)(d), it must be accompanied by a respondent’s notice in the form set out in the Practice Direction for the respondent to complete and a notice which” , iv in paragraph (2), in each of sub-paragraphs (a), (b), (c) and (e) for “defendant” substitute “respondent” in each place it occurs and in sub-paragraph (d) for “defendant’s” substitute “respondent’s” , v in paragraph (3), for “the defendant in accordance with paragraph (1)” substitute “each respondent” , and vi after paragraph (3) insert— 4 The Crown Court officer must, as soon as practicable— a notify the Registrar of the service of the notice of appeal; b make available to the Registrar— i the notice of appeal and any accompanying application served by the appellant, ii details of the parties including their addresses, and iii details of the court officer for the magistrates’ court responsible for enforcing any confiscation order which the Crown Court has made (the ‘enforcing court’). 5 The Registrar must, as soon as practicable, notify the court officer for the enforcing court, if any, of the service of the notice of appeal. 6 Where a person is entitled to receive a sum directed to be paid out of sums recovered under a confiscation order, the court officer for the enforcing court must, as soon as practicable, notify each such person of— a the appeal, b any suspension of that person’s entitlement pending appeal, and c any power for the Court of Appeal to vary or set aside that person’s entitlement on appeal. [Note. See section 13 of the Proceeds of Crime Act 2002 and sections 134 and 141 of the Sentencing Act 2020. See also rule 42.8 (Notice of determination and renewal of application for permission to appeal) and the note to that rule.] ; c in rule 42.12 (Respondent’s notice), for “defendant” substitute “respondent” in each place it occurs and in paragraph (2)(b) for “defendant’s” substitute “respondent’s” ; d in rule 42.13 (Amendment and abandonment of appeal), for paragraphs (2) and (3) substitute— 2 Where the appellant serves a notice abandoning an appeal under paragraph (1), the appellant must send a copy of it to— a each respondent served with the notice of appeal; b the Crown Court officer; and c the court officer for the magistrates’ court responsible for enforcing any confiscation order which the Crown Court has made. 3 Where the appellant serves a notice amending a notice of appeal under paragraph (1), the appellant must send a copy of it to each respondent served with the notice of appeal. ; and e amend the table of contents correspondingly. 12 In the preamble to the Criminal Procedure Rules 2020, in sub-paragraph (b)— a in the first column, headed “Rule”, immediately beneath the entry for rule 40.8 insert “42.8” ; and b in the second column, headed “Power”, in the corresponding position insert “Section 141(2) of the Sentencing Act 2020” . Burnett of Maldon, C.J. Fulford, L.J. William Davis, L.J. Foster, J. Martin Edmunds Patrick Field Michael Snow Louise Bryant Nicola Hewer and Melissa Case Suzanne Gadd Max Hill Alison Pople Paul Jarvis Folashade Abiodun Edmund Smyth Nicholas Ephgrave I allow these Rules, which shall come into force on 4th April 2022. Signed by authority of the Lord Chancellor James Cartlidge Parliamentary Under Secretary of State Ministry of Justice At 12.00 p.m. on 17th January 2022