Legislation – The Criminal Procedure Rules 2020

if the defendant declines to do so, direct that the jurors be given a copy of any defence statement served under rule 15.4 (Defence disclosure), edited if necessary to exclude any reference to inappropriate matters or to matters evidence of which would not be admissible;

(d)

the prosecutor must introduce the evidence on which the prosecution case relies;

(e)

subject to paragraph (3), at the end of the prosecution evidence, on the defendant’s application or on its own initiative, the court—

(i)

may direct the jury (if there is one) to acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict, but

(ii)

must not do so unless the prosecutor has had an opportunity to make representations;

(f)

subject to paragraph (4), at the end of the prosecution evidence, the court must ask whether the defendant intends to give evidence in person and, if the answer is ‘no’, then the court must satisfy itself that there has been explained to the defendant, in terms the defendant can understand (with help, if necessary)—

(i)

the right to give evidence in person, and

(ii)

that if the defendant does not give evidence in person, or refuses to answer a question while giving evidence, the court may draw such inferences as seem proper;

(g)

the defendant may summarise the defence case, if he or she intends to call at least one witness other than him or herself to give evidence in person about the facts of the case;

(h)

in this order (or in a different order, if the court so directs) the defendant may—

(i)

give evidence in person,

(ii)

call another witness, or witnesses, to give evidence in person, and

(iii)

introduce any other evidence;

(i)

a party may introduce further evidence if it is then admissible (for example, because it is in rebuttal of evidence already introduced);

(j)

the prosecutor may make final representations, where—

(i)

the defendant has a legal representative,

(ii)

the defendant has called at least one witness, other than the defendant him or herself, to give evidence in person about the facts of the case, or

(iii)

the court so permits; and

(k)

the defendant may make final representations.

(3)

Paragraph (2)(e) does not apply in relation to a charge of murder, manslaughter, attempted murder, or causing harm contrary to section 18 or 20 of the Offences against the Person Act 1861554 until the court has heard all the evidence (including any defence evidence), where the defendant is charged with—

(a)

any of those offences; and

(b)

an offence of causing or allowing a child or vulnerable adult to die or to suffer serious physical harm, contrary to section 5 of the Domestic Violence, Crime and Victims Act 2004555.

(4)

Paragraph (2)(f) does not apply where it appears to the court that, taking account of all the circumstances, the defendant’s physical or mental condition makes it undesirable for the defendant to give evidence in person.

(5)

Where there is more than one defendant, this rule applies to each in the order their names appear in the indictment, or in an order directed by the court.

(6)

Unless the jury (if there is one) has retired to consider its verdict, the court may allow a party to introduce evidence, or make representations, after that party’s opportunity to do so under paragraph (2).

(7)

Unless the jury has already reached a verdict on a count, the court may exercise its power to—

(a)

discharge the jury from reaching a verdict on that count;

(b)

direct the jury to acquit the defendant on that count; or

(c)

invite the jury to convict the defendant, if the defendant pleads guilty to the offence charged by that count.

[Note. See also rule 3.32 (Arraigning the defendant on the indictment).

Under section 6E of the Criminal Procedure and Investigations Act 1996556, the court may make the direction for which rule 25.9(2)(c)(ii) provides, on application or on the court’s own initiative.

The admissibility of evidence that a party introduces is governed by rules of evidence.

Under section 35 of the Criminal Justice and Public Order Act 1994557, the court may draw such inferences as appear proper from a defendant’s failure to give evidence, or refusal without good cause to answer a question while doing so. The procedure set out in rule 25.9(2)(f) and (4) is prescribed by that section.

Section 2 of the Criminal Evidence Act 1898558 restricts the circumstances in which the defendant may summarise the defence case before introducing evidence.

Section 79 of the Police and Criminal Evidence Act 1984559 requires a defendant who wishes to give evidence in person to do so before calling any other witness, unless the court otherwise permits.

Section 2 of the Criminal Procedure Act 1865560 and section 3 of the Criminal Evidence Act 1898561 restrict the circumstances in which the prosecutor may make final representations without the court’s permission. See also section 1 of the Criminal Procedure (Right of Reply) Act 1964562.

The procedure set out in rule 25.9(3) is prescribed by sections 6 and 6A of the Domestic Violence, Crime and Victims Act 2004563.

Under section 17 of the Criminal Justice Act 1967564, the court may direct the jury to acquit where the prosecutor offers no evidence.

See rule 25.14 for the procedure on taking the verdict and rule 25.16 for the procedure if the court convicts the defendant.]