SUPREME COURT OF ENGLAND AND WALES Citation, commencement and interpretation 1 These Rules may be cited as the Criminal Procedure (Amendment No. 2) Rules 2006 and shall come into force on 6th November 2006. 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 2005 . Amendments to the Criminal Procedure Rules 2005 3 In rule 2.1 (When the Rules apply), at the end of paragraph (3), insert— 4 The rules in Part 33 apply in all cases in which the defendant is charged on or after 6 November 2006 and in other cases if the court so orders. . 4 In Part 4 (Service of documents)— a in the table of contents, in the entry for rule 4.1, for “Summons issued by a magistrates' court”, substitute “Service of summons, requisition etc. ”; b in the heading to rule 4.1 (Service of summons, etc issued by a magistrates' court), for “etc issued by a magistrates' court”, substitute “requisition etc.”; c in rule 4.1— i in paragraph (1), after “justice of the peace”, insert “or service of a requisition by a public prosecutor”, ii in paragraph (2), for “for the purposes of the Magistrates' Courts Act 1980 of a summons issued by a justice of the peace”, substitute “of such a summons or requisition”, and iii in paragraphs (4) and (6), after “summons”, wherever that word occurs, insert “, requisition”; d in the note after rule 4.1— i for “Formerly”, substitute “Section 1 of the Magistrates' Courts Act 1980 provides for the issue of a summons by a justice of the peace. Section 29 of the Criminal Justice Act 2003 provides for the issue of a written charge and requisition by a public prosecutor. These rules derive in part from”, and ii after “form of a summons”, insert “or requisition”; and e in rule 4.2(1)— i after “summons, process, notice”, insert “, requisition”, and ii after “summons, notice, process”, insert “, requisition”. 5 In Part 7 (Commencing proceedings in magistrates' courts), in the table of contents— a in the entry for rule 7.3, after “Information”, insert “or written charge”; and b in the entry for rule 7.7, after “summons”, insert “or requisition”. 6 In rule 7.2(1) (Statement of offence), for the words from “information laid in” to “made by,”, substitute “written charge issued by a public prosecutor and every information, summons or warrant laid in or issued by”. 7 In the note after rule 7.2, for “Formerly”, substitute “Section 1 of the Magistrates' Courts Act 1980 provides for the laying of an information in a magistrates' court. Section 29 of the Criminal Justice Act 2003 provides for the issue of a written charge and requisition by a public prosecutor. These rules derive in part from”. 8 In the heading to rule 7.3 (Information to be for one offence only), after “Information”, insert “or written charge”. 9 In rule 7.3— a in paragraphs (1), (3), (4) and (5), after “information”, wherever that word occurs, insert “or written charge”; and b in paragraph (2), after “informations”, insert “or written charges”. 10 In the heading to rule 7.7 (Form of summons), after “summons”, insert “or requisition”. 11 In rule 7.7— a for paragraph (1), substitute— 1 A summons or requisition must state the name of the justice or public prosecutor responsible for issuing it. ; b in paragraphs (2) and (3)— i after “summons”, wherever that word occurs, insert “or requisition”, and ii after “information”, wherever that word occurs, insert “, written charge”; and c in paragraph (3)— i after “summonses”, insert “or requisitions”, and ii after “informations”, insert “, written charges”. 12 In the note after rule 7.7, after “summons”, insert “or a requisition”. 13 In Part 15 (Preparatory hearings in cases of serious fraud and other complex or lengthy cases in the Crown Court)— a for rule 15.1(2), substitute— 2 A prosecutor who wants the court to order that— a the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003 ; or b the trial of some of the counts included in the indictment will be conducted without a jury under section 17 of the Domestic Violence, Crime and Victims Act 2004 , must apply under this rule for a preparatory hearing, whether or not the defendant has applied for one. ; and b in rule 15.4(1), omit “for the purpose of determining whether to make an order that the trial will be conducted without a jury under section 43 or section 44 of the Criminal Justice Act 2003”. 14 In rule 24.1(1)(i) (Requirement to disclose expert evidence)— a after “parties”, insert “and the court”; and b after “evidence,”, insert “and notify the expert of this disclosure,”. 15 In the note after rule 24.1 (Requirement to disclose expert evidence), at the end, insert “Part 33 contains rules about the duties of an expert and the content of an expert’s report.”. 16 In the note after rule 29.3 (Late applications), at the end, insert “An application to make or vary a special measures direction also may be made in the time allowed under rule 36.6.”. 17 In rule 29.8(a) (Expert evidence in connection with special measures directions)— a for “to those proceedings”, substitute “and the court”; and b for “; and”, substitute “and notify the expert of this disclosure; and”. 18 In the note after rule 29.8, at the end, insert “Part 33 contains rules about the duties of an expert and the content of an expert’s report.”. 19 For Part 33 (Expert evidence), substitute the Part as set out in Schedule 1 to these Rules. 20 For Part 36 (Evidence about a complainant’s sexual behaviour), substitute the Part as set out in Schedule 2 to these Rules. 21 In the heading to Part 68, for “or sentence”, substitute “, sentence or sentence review decision”. 22 In rule 68.3 (Notice of appeal and application for extension of time)— a after paragraph (1A), insert— 1B Notice of an application for leave to appeal under section 74(8) of the Serious Organised Crime and Police Act 2005 shall be given by completing the form set out in the Practice Direction and serving it on a Crown Court officer. ; b in paragraph (7)— i in sub-paragraph (a), omit “or”, and ii at the end of sub-paragraph (b), insert— or c article 5 of the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006 , ; and c in paragraph (8)— i in sub-paragraph (a), omit “or”, and ii at the end of sub-paragraph (b), insert— or c article 5 of the 2006 Order, . 23 In rule 68.5 (Exercise of court’s powers to give leave to appeal, etc: general rules)— a in paragraph (1)(a)— i for “or”, substitute “,”, and ii after “2005”, insert “or article 11 of the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006”; b in paragraph (1)(b)— i for “or”, substitute “,”, and ii after “the 2005 Order”, insert “or article 12 of the 2006 Order”; c in paragraph (1)(c)— i or the first “or”, substitute “,”, and ii after “the 2005 Order”, insert “or article 13 of the 2006 Order”; d in paragraph (1)(d)— i for “or”, substitute “,”, and ii after “the 2005 Order”, insert “or article 14 of the 2006 Order”; and e in paragraph (4), after “1968 Act”, insert “or the 2006 Order”. 24 In rule 68.6 (Further applications to a judge or to the court: additional rules)— a in paragraph (1)(a)— i for the first “or”, substitute “,”, and ii after “2005”, insert “or article 11 of the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006”; b in paragraph (1)(b)— i for “or by”, substitute “,”, and ii after “the 2005 Order”, insert “or article 12 of the 2006 Order”; c in paragraph (1)(c)— i for “or”, substitute “,”, and ii after “the 2005 Order”, insert “or article 14 of the 2006 Order”; and d in paragraph (2)(a)— i for “or”, substitute “,”, and ii after “the 2005 Order”, insert “or article 11 of the 2006 Order”. 25 In rule 68.8 (Bail with condition of surety)— a in paragraph (1), after “appellant”, insert “or, in an appeal brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, to the offender”; b in paragraph (5), for “appellant's”, substitute “appellant or offender's”; c in paragraph (8)— i for “appellant's”, substitute “appellant or offender's”, and ii after “appellant”, wherever that word occurs, insert “or offender”; and d in paragraph (10), after “appellant”, insert “or offender”. 26 In rule 68.9(1) (Forfeiture of recognizances in respect of person bailed to appear), after “appellant”, insert “or, in an appeal brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, in respect of an offender,”. 27 In rule 68.11 (Supply of documentary and other exhibits), for “The Registrar”, wherever those words occur, substitute “Unless the court otherwise directs, the Registrar”. 28 In rule 68.13(1) (Transcripts)— a in sub-paragraph (a), omit “or any interested party”; and b in sub-paragraph (b)— i for “may”, where it first appears, substitute “shall”, and ii after “Treasury”, insert “, unless the court otherwise directs”. 29 In rule 68.15(1) (Application for a witness order and for evidence to be received), after “appellant”, insert “, or, in an appeal brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, by the appellant or the offender”. 30 In rule 68.17(2)(a) (Vulnerable witness giving video recorded testimony), after “appellant”, insert “or, in an appeal brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, the name of the offender,”. 31 In rule 68.21(a) (Procedure for the admission of evidence of bad character), for “appellant,”, substitute “appellant or, where the appeal is brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, as a reference to an offender”. 32 In rule 68.22 (Abandonment of proceedings)— a in paragraph (1)— i after “1968”, for “or”, substitute “,”, and ii after “2003”, insert “or under section 74(8) of the Serious Organised Crime and Police Act 2005”; and b in paragraph (3), for “court of trial”, substitute “Crown Court”. 33 In rule 68.23(1) (The Registrar), for “court of trial”, substitute “Crown Court”. 34 In rule 68.29 (Notice of determination of court)— a in paragraph (1)— i in the opening words, for the second “or”, substitute “,”, ii after “2005”, insert “or under article 11 of the Serious Organised Crime and Police Act 2005 (Appeals under section 74) Order 2006”, iii in sub-paragraph (d), omit “and”, and iv at the end of sub-paragraph (e), insert— ; and f in the case of an appeal under section 74(8) of the Serious Organised Crime and Police Act 2005, on the specified prosecutor and on the offender. ; and b for paragraph (2), substitute— 2 The Registrar shall, as soon as practicable serve notice of the order of the court disposing of an appeal or application for leave to appeal on a court officer of the Crown Court. . 35 In rule 68.30(1) (Enforcement of fines), after “appellant,”, insert “or, in an appeal brought by a specified prosecutor under section 74(8) of the Serious Organised Crime and Police Act 2005, on the offender,”. Phillips of Worth Matravers, C.J. Sir Igor Judge Openshaw, J. Charles Wide Roderick Denyer Anthony Evans Brenda Large Kenneth Macdonald Andrew Mimmack David Fisher Tom Little Graham White Martin Baker Mark Harris James Riches I allow these Rules, which shall come into force on 6th November, 2006. Falconer of Thoroton, C. 31st July 2006 I concur John Reid One of Her Majesty’s Principal Secretaries of State 3rd October 2006