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Companion Website
Blackstone's Criminal Practice 2009
Appendices
Updates to Appendices
- Appendix 1 Criminal Procedure Rules 2005 (SI 2005 No. 384) - September 2007
- Appendix 1 Criminal Procedure Rules 2005 - February 2008
- Appendix 1 - September 2008
- Appendix 2 Codes of Practice under the Police and Criminal Evidence Act 1984 - February 2008
- Appendix 7 The Consolidated Practice Direction - October 2007
- Appendix 7 The Consolidated Practice Direction - January 2008
- Appendix 8 Sentencing Guidelines Council Guidelines - November 2007
- Appendix 8 Sentencing Guidelines Council Guidelines - December 2007
- Appendix 8 Sentencing Guidelines Council Guidelines - March 2008
Appendix 1 Criminal Procedure Rules 2005 (SI 2005 No. 384)
The Criminal Procedure (Amendment No. 2) Rules 2007 (SI 2007 No. 2317) add new provisions to the CrimPR, with effect from 1 October 2007 and make certain additional minor amendments. The new rules are as follows:
- r. 37.6 (application to change a plea of guilty in summary proceedings);
- r. 39.3 (application to change a plea of guilty in a trial on indictment);
- part 65 (appeal to the Court of Appeal: general rules);
- part 66 (appeal to the Court of Appeal against ruling at preparatory hearing);
- part 67 (appeal to the Court of Appeal against ruling adverse to prosecution);
- part 68 (appeal to the Court of Appeal about conviction or sentence);
- part 69 (appeal to the Court of Appeal regarding reporting or public access restriction);
- part 70 (reference to the Court of Appeal of point of law or unduly lenient sentencing).
- r. 2.2 (definitions) is amended to provide definitions of 'business day', 'live link' and 'public interest ruling';
- part 63 (appeal to the Crown Court against conviction or sentence) is amended to extend the ambit of those rules to an appeal by a prosecutor under s. 14A(5A) of the Football Spectators Act 1989 (failure to make a football banning order) and to provide that the Crown Court may, in certain circumstances, enter on an appeal with the judge sitting with a single justice when hearing an appeal from a magistrates' court;
- part 74 (appeal to the House of Lords) is amended in consequence of differences between the new parts 67 and 70 and the provisions which they replace.
Author: MH
Appendix 1 Criminal Procedure Rules 2005
The Rules were revised and amended by the Criminal Procedure (Amendment No. 3) Rules 2007 (SI 2007 No. 3662). These amendments take effect for the most part on 1 April 2008. A revised version of the Rules, taking all amendments to date into account, is available on this site.
Author: MH
Appendix 1
The Criminal Procedure (Amendment) Rules 2008 (SI 2008 No. 2076), which take effect on 6 October 2008, add new provisions to the Criminal Procedure Rules 2005, including the following:
- new rules in part 2 (understanding and applying the Rules) make transitional provision and explain when the new rules in parts 7 and 63 will apply and part 2 is further amended to include a new rule about representatives and `supporting adults' to clarify which representatives can act in criminal proceedings;
- part 4 (service of documents) is amended to clarify the operation of r. 4.4 (service by leaving or posting a document) and to avoid confusion in respect of service on a company registered in Scotland or in Northern Ireland;
- a new part 7 (starting a prosecution in a magistrates' court), in substitution for the existing part 7 (commencing proceedings in a magistrates' court);
- part 37 (summary trial) is amended to include three rules transferred from part 7;
- part 55 (road traffic penalties) is amended to include the provision which was r. 7.6 (statutory declaration under section 72 and 73 of the Road Traffic Offenders Act 1988), which has been transferred, with minor revision, on the revision and simplification of part 7;
- a new part 63 (appeal to the Crown Court) revises and simplifies the rules so that they correspond broadly with the other appeal rules which have recently been revised and simplified;
- part 65 (appeal to the Court of Appeal: general rules) is amended to reflect recent legislation and to enhance the notes;
- part 66 (appeal to the Court of Appeal against ruling at preparatory hearing) is amended to reflect the amendment to s. 31 of the Criminal Appeal Act 1968 effected by s. 47 of, and para. 11 of sch. 8 to, the Criminal Justice and Immigration Act 2008;
- part 68 (appeal to the Court of Appeal about conviction or sentence) is amended to make provision for rights of appeal to the Court of Appeal (i) against wasted costs orders and third party costs orders, and (ii) against a serious crime prevention order where a case is certified fit for appeal;
- part 78 (costs orders against the parties) is amended because the new part 63 rules remove the three-day time-limit for giving notice to abandon an appeal to the Crown Court so the associated costs rule in part 78 is amended to remove reference to that time limit and to allow the exercise of judicial discretion as to costs where such an appeal is abandoned.
Author: MH
Appendix 2 Codes of Practice under the Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (Codes of Practice Order) 2008 (SI 2008 No. 167) provides for new Codes A to E to take effect from 1 February 2008.
Author: MH
Appendix 7 The Consolidated Practice Direction
This Practice Direction amends Annex D of the Consolidated Criminal Practice Direction handed down by the Lord Chief Justice on 8 July 2002, as subsequently amended.
It sets out the forms to be substituted for those in Annex D and three new forms to be added to that annex. The substitute forms are revised to be used in conjunction with the new rules about appeals to the Court of Appeal (Criminal Division), contained in Parts 65 to 70 of the Criminal Procedure Rules 2005, as introduced by rules 27 to 32 and Schedules 1 to 6 of the Criminal Procedure (Amendment No. 2) Rules 2007 (as noted in the September 2007 update to appendix 1 of this work).
As the rules have been comprehensively revised and simplified to correspond with the modern practice of the court, the forms to be used in conjunction with the new rules have also been comprehensively revised to correspond with the new rules. A new lettering system has been added to the forms to make them more identifiable, for example, all notices and grounds of appeal are referred to with the prefix NG, dependent upon the type of notice of application or appeal being lodged: form NG(Prep), NG(Pros), NG, and NG(159). Likewise, the respondent's notices required for each type of application or appeal are now identified as: RN(Prep), RN(Pros), RN, and RN(159). The format of the appeal forms has also been standardized where possible, including the addition of the identifying letters to the top right hand corner. The form of notice and grounds of appeal or application for permission to appeal against conviction or sentence (Form NG) has been revised to highlight the detailed grounds and information now required under the rules when initiating appeal proceedings to the Court of Appeal (Criminal Division).
This Practice Direction took effect on 1 October 2007 when the Criminal Procedure (Amendment No. 2) Rules 2007 came into force. The new forms must be used where the new appeal rules apply to an appeal, application or reference to the court under Parts 65 to 70. Rule 3 of the Criminal Procedure (Amendment No. 2) Rules 2007 adds a paragraph to rule 2.1 of the Criminal Procedure Rules 2005 providing that the new appeal rules apply only where an appeal, application or reference to the court under Parts 65 to 70 is made on or after 1 October 2007.
Author: MH
Appendix 7 The Consolidated Practice Direction
The Consolidated Practice Direction is amended, as of 3 December 2007, by Amendment No 17 (Arraignment in Two Stage Trials).
This amends the Consolidated Criminal Practice Direction by substituting (in Sch 1) a new version of Pt IV.34 SETTLING THE INDICTMENT. In particular, new text is inserted under the heading "Multiple offending: trial by jury and then by judge alone". It provides for the signing of the indictment in respect of which an application is to be made under the Domestic Violence, Crime and Victims Act 2004, s. 17, for a two-stage trial and arraignment.
The new practice direction is also added at the end of the list of included practice directions, in Annex A of the Consolidated Practice Direction.
The full text is available from HMCS at www.hmcourts-service.gov.uk/cms/pds.htm.
The Consolidated Practice Direction was also amended, and earlier Practice Directions governing court dress are revoked, as of 2 January 2008, by Practice Direction (Court Dress) (No 4).
The full text of this practice direction reads as follows:
Following consultation carried out by the Department for Constitutional Affairs and consultation with the Heads of Division the Lord chief Justice has concluded that it is no longer appropriate for solicitors and other advocates authorised under the Courts and Legal Services Act 1990 to be precluded from wearing wigs when appearing in court. The Lord Chief Justice has therefore concluded that they be given the option to wear wigs in circumstances where they would be worn by members of the bar.
It is therefore ordered as follows:
(1) With effect from 02 January 2008 this Practice Direction applies throughout the Supreme Court of England and Wales, including the Crown Court, in county courts and in magistrates' courts.
(2) Practice Direction (Court Dress) [1994] 1 WLR 1056 of 19 July 1994, Practice Direction (Court Dress) (No 2) [1995] 1 WLR 648 of 11 April 1995 and Practice Direction (Court Dress) (No 3) [1998] 1 WLR 1764, [1998] All ER (D) 624 of 25 November 1998 are hereby revoked.
(3) In magistrates' courts, advocates appear without robes or wigs. Dress requirements for advocates appearing in the Supreme Court and in the county courts are as follows: Queen's Counsel wears a short wig and a silk (or stuff) gown over a court coat. Junior Counsel wear a short wig and stuff gown with bands. Solicitors and other advocates authorised under the Courts and Legal Services Act 1990 wear a black solicitor's gown with bands; they may wear short wigs in circumstances where they would be worn by Queen's or Junior Counsel.
(4) The text of paragraph 1.1.1 of Practice Direction (Criminal Proceedings: Consolidation) [2002] 1 WLR 2870 of 08 July 2002 (as amended) is varied so as to read as follows: In magistrates' courts, advocates appear without robes or wigs. In all other courts, Queen's Counsel wear a short wig and a silk (or stuff) gown over a court coat. Junior Counsel wear a short wig and stuff gown with bands. Solicitors and other advocates authorised under the Courts and Legal Services Act 1990 wear a black solicitor's gown with bands; they may wear short wigs in circumstances where they would be worn by Queen's or Junior Counsel.
(5) Annex A of Practice Direction (Criminal Proceedings: Consolidation) [2002] 1 WLR 2870 of 08 July 2002 (as amended) is amended so as to add Practice Direction (Court Dress) (No 4) at the end of the list of included Practice Directions. The references to Practice Direction (Court Dress) [1994] 1 WLR 1056, Practice Direction (Court Dress) (No 2) [1995] 1 WLR 648 and Practice Direction (Court Dress) (No 3) [1998] 1 WLR 1764, [1998] All ER (D) 624 therein are deleted.
(6) This Direction is made by the Lord Chief Justice in accordance with the procedure laid down in Part 1 of Schedule 2 of the Constitutional Reform Act 2005.
Author: MH
Appendix 8 Sentencing Guidelines Council Guidelines
Part 8 Sexual Offences Act 2003, General Principles
Where an offender committed a serious sexual offence as an adolescent but was not charged or convicted until many years later, the proper approach for the sentencing judge is to identify the sentence which would have been passed if he had been convicted and sentenced at the time. That sentence provides a useful starting point in determining the proper sentence to be imposed. See Hollis and another [2007] EWCA Crim 1850.
Author: MH
Appendix 8 Sentencing Guidelines Council Guidelines
The SGC has issued a new definitive guideline on sentencing for failure to surrender to bail.
Guideline on failure to surrender to bail
Author: MH
Appendix 8 Sentencing Guidelines Council Guidelines
The SGC has issued new definitive guidelines covering assault and other offences against the person. Guidelines have also been issued covering assaults on children and cruelty to a child. They apply to offenders sentenced after 3 March 2008 who are aged 18 or over. The Guidelines can be consulted at www.sentencing-guidelines.gov.uk.
Author: MH
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