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

“(o)

any order made by the court on an application under rule 5.8(8) which prohibits a supply of information by the court officer without the court’s permission.”;

“(b)

applies where a party or other person wants the court to prohibit a supply of information without the court’s permission which affects that party or person and which otherwise would be required by this rule; but”,

“(b)

the statement of each alleged offence (but not the particulars of offence) and any plea entered;”,

“(a)

the supply of that information is prohibited by—

(i)

a reporting restriction, or

(ii)

an order made on an application under paragraph (8);”, and

“(8)

Where a party or other person wants the court to prohibit a supply of information without the court’s permission which affects that party or person and which otherwise would be required by this rule—

(a)

that party or person must serve an application on the court officer;

(b)

the application must—

(i)

specify the information to which the applicant wants the prohibition to apply,

(ii)

explain why that information affects that party or person, and

(iii)

explain why the applicant wants the court to prohibit the supply of that information without the court’s permission; and

(c)

rule 5.10 applies.”;

“(1)

This rule applies where—

(a)

the court officer refers to the court a request for information under rule 5.8 (Request for information about a case) or rule 5.9. (Request for information by a party or person directly affected by a case); or

(b)

a party or other person applies to the court under rule 5.8(8) to prohibit a supply of information without the court’s permission.”,

“(a)

serve a request for information on a party or person likely to be affected by it, including—

(i)

the applicant for any direction, order or warrant that the request concerns which was made or issued in the absence of the party or person making the request,

(ii)

the applicant under rule 5.8(8) for a prohibition that affects the request (or may do so, where that application has yet to be determined), and

(iii)

anyone else, and to such extent, as the court directs; and”,

“(7)

The court may determine a request for information or an application under rule 5.8(8)—

(a)

at a hearing in public or private, or without a hearing; but

(b)

any hearing must be in private, unless the court otherwise directs—

(i)

where a request for information concerns a direction, order or warrant made or issued in the absence of the party or person making the request, or

(ii)

on an application under rule 5.8(8).”,

“(ii)

the statement of each alleged offence (but not the particulars of offence)”,

“(c)

the statement of each alleged offence (but not the particulars of offence); and”,

“(3)

Paragraph (4) applies where—

(a)

the defendant responds in writing to a notice under—

(i)

rule 9.8 (Sending by written procedure for Crown Court trial), or

(ii)

rule 9.10 (Request by written procedure for plea indication);

(b)

the defendant is sent by written notice to the Crown Court for trial under—

(i)

rule 9.8 (Sending by written procedure for Crown Court trial), or

(ii)

rule 9.23 (Sending after allocation for Crown Court trial); or

(c)

15 business days have expired after service on the defendant of a written charge and other documents under rule 24.9 (Single justice procedure: special rules).

(4)

The court officer must—

(a)

publish the information listed in paragraph (5)—

(i)

if that information is available to the court officer, and

(ii)

unless the publication of that information is prohibited by a reporting restriction; and

(b)

publish that information by such arrangements as the Lord Chancellor directs, including arrangements for publication by electronic means (but only to the extent needed to comply with the open justice principle)—

(i)

until the case is sent to the Crown Court or allocated to a magistrates’ court for trial, where paragraph (3)(a) applies, or

(ii)

for no longer than 5 business days, in any other case.

(5)

The information that paragraph (4) requires the court officer to publish is—

(a)

in every case—

(i)

the identity of the defendant,

(ii)

the identity of the prosecutor,

(iii)

the statement of each alleged offence (but not the particulars of offence), and

(iv)

such information as it may be practicable to publish about any reporting restriction that applies;

(b)

where paragraph (3)(a) applies (defendant participating by written procedure), the date and place of the public hearing at which the defendant is due to attend if the case is not sent to the Crown Court or allocated to a magistrates’ court for trial by a written procedure; and

(c)

where paragraph (3)(b) applies (defendant sent by written notice to the Crown Court)—

(i)

the decision made, including any decision to grant or withhold bail and, if bail was granted, any decision to impose a condition or conditions (but not the terms of any such condition),

(ii)

the identity of the court which made the decision, and

(iii)

the date and place of the public hearing at which the decision requires the defendant to attend.”, and

“Under section 52A of the Crime and Disorder Act 199810, only the matters listed in that section may be contained in a report of allocation and sending proceedings unless the court otherwise directs. By section 52A(10) that restriction applies in addition to any other reporting restriction applicable. See also Part 6 (Reporting, etc. restrictions).”; and