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The body of rules created by the Criminal Procedure Rule Committee under section 69 of the Courts Act 2003, governing practice and procedure to be followed in all criminal matters in England and Wales including appeals in the Court of Appeal (Criminal Division) and High Court extradition appeals.
The Criminal Procedure Rules are made by a body, the Criminal Procedure Rule Committee, under the statutory power in the Courts Act 2003, s 69. Much like the Civil Procedure Rules, they exist for the administration of justice and the aim is that the rules are both simple and simply expressed. Section 72 states that the rules are brought into effect by the Lord Chancellor using a statutory instrument. The first version was created in 2005, and the current rules can be found in SI 2012/1726.
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Confiscation timetable鈥攃hecklist Under section 14 of the Proceeds of Crime Act 2002 (POCA 2002), the court should usually make a confiscation聽order before the defendant is sentenced but it may聽postpone聽the聽confiscation聽proceedings聽for a specified period of up to two years from the date of conviction鈥攕ee Practice Note: Postponement of confiscation proceedings. Where it does so, the court will usually set a timetable for the exchange of information which is required under POCA 2002 (this is sometimes called the confiscation timetable). The following table sets out the documents exchanged for these purposes, when they are required and some key information for practitioners to note when considering these documents. Document: Required where: Commentary Information by defendant in response to an order under POCA 2002, s 18 The court proceeds to make a confiscation order under either POCA 2002, s 6(3)(a) (the prosecutor asks the court to make an order) or POCA 2002, s 6(3)(b) (the court believes it is appropriate to make an order), or where the court is considering whether to proceed to...
Enforcement receivers in confiscation鈥攃hecklist Appointment of Receivers The Crown Court may appoint a receiver in respect of realisable property of a defendant who is subject to a confiscation order on the application of the prosecutor if a confiscation order is not satisfied and is not subject to appeal. 聽The receiver may be given the following powers in relation to the realisable property: 鈥 power to take possession of the property 鈥 power to manage or otherwise deal with the property, subject to hearing representations from those holding it 鈥 power to realise the property, in such a manner as the court may specify, subject to hearing representations from those holding it 鈥 power to start, carry on or defend any legal proceedings in respect of the property Where the defendant鈥檚 realisable interest in the property is disputed It is not necessary for the property to be the proven realisable property of the defendant (see eg Re Smith). Where there is a contested claim as to who holds...
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The Criminal Procedure rules Committee has made rules governing the practice and procedure to be followed in the criminal courts in England and Wales since 2005. The current version of the rules are contained in the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759 which must be read in conjunction with the current version of the Criminal Practice Directions (CPD) and the Practice Direction (Costs in Criminal Proceedings) which can be found on the GOV.UK: Criminal Procedure Rules and Criminal Practice Directions webpage. See also Practice Note: Criminal Practice Directions.CrimPR 2020, SI 2020/759, r 2.3 provides that the rules are to be referred to as the 'CrimPR'.Updating the Criminal Procedure RulesThe CrimPR are usually amended twice a year and the changes come into force at the start of April and October. Each revision is made by a statutory instrument amending the current set of rules.Content on Corporate Crime is updated to reflect the changes made to the CrimPR.Amendments to CrimPRThe CrimPR has been amended since October 2020 as follows:鈥riminal Procedure...
ARCHIVED: This archived Practice Note provides background information on the changes to criminal procedure which came into force on 2 February 2015 under the Criminal Procedure (Amendment) rules 2015, SI聽2015/13. These regulations have been revoked. The current rules on criminal procedure are contained in the Criminal Procedure Rules 2015, SI 2015/1490 as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note states the law as at 2 February 2015 and is not maintained. It is for background information only.The Criminal Procedure (Amendment) Rules 2015, SI 2015/13, make a number of amendments to the Criminal Procedure Rules, SI 2014/1610 (Crim PR 2014). Certain of these amendments will come into force on 2 February 2015. The remaining amendments come into force on 6 April 2015. This Practice Note summarises the changes coming into force on 2 February 2015. We are currently updating the relevant Practice Notes to take these changes into account. Another Practice Note dealing with the changes coming into force on 6 April 2015 will follow.Investigation orders and...
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Can organisations be prosecuted using the single justice procedure? The Judicial Review and Courts Act 2022 made changes to section 29 of the Criminal Justice Act 2003 and section 16A of the Magistrates' Court Act 1980 to expand the use of the single justice procedure to organisations, but are these provisions both in force? How can companies be prosecuted using the single justice procedure when Rule 24.9 of the Criminal Procedure Rules 2020, SI 2020/759 makes no reference to the procedure applying to organisations? The relevant statutory provisions containing relating to the use of the single justice procedure are contained in section 16A of the Magistrates' Courts Act 1980 (MCA 1980), section 29 of the Criminal Justice Act 2003 (CJA 2003), the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, Pt 7 and CrimPR 2020, SI 2020/759, r 24.9. Where the single justice procedure applies, a single justice can try the case on the basis of written material only, in the parties鈥 absence and without a hearing. The aim of...
Where a defendant is charged with an either way offence, how is the venue of the trial decided if the defendant refuses to indicate whether they want summary trial or trial on indictment? Does it make any difference if the defendant is unrepresented? This Q&A assumes that the defendant is over the age of 18, is charged with an either-way offence, and the case is not subject to a notice under section 51A or section 51B Crime and Disorder Act 1998 (CDA 1998). The general rule Where a defendant over the age of 18 is charged and brought before a magistrates鈥 court in respect of an either way offence, if the defendant gives no indication of plea or indicates that he would plead 鈥榥ot guilty鈥, the court must consider whether the case more suitable to be tried summarily or on indictment (section 19(1) of the Magistrates鈥 Court Act 1980 (MCA 1980)). If the court concludes that summary trial would be more suitable, the court has a statutory duty under MCA...
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Corporate Crime analysis: The Victims and Courts Bill (the Bill) was introduced by the Lord Chancellor and Secretary of State for Justice, the Rt. Hon. Shabna Mahmood on 7 May 2025 and is presently at the Committee Stage. Liam Lane, associate at Peters & Peters, explores at the key provisions of the Bill.
The Courts and Tribunals Judiciary (CATJ) has published the April 2025 edition of the Adult Court Bench Book (ACBB), introducing structural changes to its guidance for magistrates. The updates include a reorganisation of section 1 into topic-specific sections, enhanced case management guidance linked to Criminal Procedure Rules and a new section on civil orders covering council tax liability orders.
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