Legislation – The Criminal Procedure (Amendment No. 2) Rules 2024

“Assistance to an investigator, etc.: confidential information for the sentencing court28.12.

(1)

This rule applies where in the exercise of its inherent power the court can reduce a sentence that it passes in a case in which the defendant has assisted an investigator or prosecutor before being sentenced.

(2)

An officer who has not been involved in the investigation or prosecution in respect of which the defendant is to be sentenced must prepare a text for the sentencing court which—

(a)

describes the capacity in which the defendant provided assistance, and in particular whether the defendant is a covert human intelligence source with the meaning of the Regulation of Investigatory Powers Act 200013;

(b)

gives details of the assistance provided;

(c)

describes the effort expended by the defendant in obtaining such information as has been supplied;

(d)

gives an indication of whether the defendant is willing to give evidence in support of a prosecution;

(e)

assesses the risk, if any, to the defendant or to the defendant’s family or associates occasioned by the assistance provided;

(f)

assesses the benefit already derived by investigating or prosecuting agencies in consequence of the assistance provided, and in particular give details of any related arrest, conviction or recovery or confiscation of property;

(g)

gives details of any financial reward received by the defendant for the assistance;

(h)

assesses the potential future use of assistance provided or expected from the defendant; and

(i)

includes a statement of whether the defendant does or does not wish any legal representative or advocate acting for the defendant to be made aware of the existence of the text.

(3)

Before the court passes sentence—

(a)

the officer who prepared the text must—

(i)

arrange for its delivery in confidence to the sentencing court and for its subsequent return to the officer, and

(ii)

ensure that the prosecution advocate is aware of the existence of the text and of its content; and

(b)

the sentencing court—

(i)

must consider the content of the text,

(ii)

by signature, initial or other endorsement on the text must indicate that it has been considered, and

(iii)

must not make, or allow to be made, any other court record of the receipt and consideration of the text.

(4)

When passing sentence the court must not—

(a)

refer, directly or indirectly, to the text; or

(b)

include in the explanation of sentence required by rule 24.11(9) or rule 25.16(7) any indication of the extent, if any, of the effect on sentence of the content of the text.

(5)

In the event of an appeal in which the defendant’s sentence is or may be in issue—

(a)

the officer who prepared the text must arrange for its delivery in confidence to the appeal court and for its subsequent return to the officer; and

(b)

the appeal court must take such measures as may be required to maintain the confidentiality of the text.

[Note. Under section 26(8) of the Regulation of Investigatory Powers Act 2000 a person is a covert human intelligence source if that person (a) establishes or maintains a personal or other relationship with a person for the covert purpose of facilitating the doing of anything falling within (b) or (c); (b) covertly uses such a relationship to obtain information or to provide access to any information to another person; or (c) covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.]”; and