Legislation – The Criminal Procedure (Amendment) Rules 2025

Amendments to the Criminal Procedure Rules 202012.

In Part 48 (Contempt of court)—

(a)

in rule 48.2 (Exercise of court’s power to deal with contempt of court)—

(i)

in paragraph (2)(b) for “it” substitute “the hearing”, and

(ii)

after paragraph (3) insert—

“(4)

Where a respondent admits conduct to which this Part applies or the court finds such conduct proved, the court officer must publish an announcement of the event—

(a)

which includes the information listed in paragraph (3) of this rule; and

(b)

by such arrangements as the Lord Chief Justice directs.”;

(b)

in rule 48.5 (Initial procedure on obstruction, disruption, etc.)—

(i)

renumber paragraph (1)(e) as (1)(f),

(ii)

in paragraph (1)(d) for “without the court’s permission, recording the proceedings, etc.” substitute “Use of tape recorders”,

(iii)

at the end of paragraph (1)(d) omit “or”,

(iv)

after paragraph (1)(d) insert—

“(e)

a contravention of section 41 of the Criminal Justice Act 19254 (Prohibition on taking photographs, etc, in court); or”,

(v)

in paragraph (2), in the words before sub-paragraph (a), for “Unless the respondent’s behaviour makes it impracticable to do so” substitute “If it is necessary in the interests of justice to deal there and then with conduct to which this rule applies”,

(vi)

in paragraph (2)(a) before “explain in terms the respondent can understand” insert “unless the respondent’s behaviour makes it impracticable to do so,”,

(vii)

for paragraph (2)(a)(v) substitute—

“(v)

that the respondent may apologise, if the respondent so wishes, which may persuade the court to take no further action, and”,

(viii)

in paragraph (2)(b) for “he or she” substitute “the respondent”,

(ix)

for paragraph (3) substitute—

“(3)

After allowing that opportunity—

(a)

the court may enquire into the conduct at once;

(b)

the court may postpone the enquiry—

(i)

if a magistrates’ court, only until later the same day, or

(ii)

if the Court of Appeal or the Crown Court, until a date and time fixed by the court for the respondent to surrender to the court’s custody;

(c)

if the conduct appears to contravene section 9 of the Contempt of Court Act 19815 (recording) or section 41 of the Criminal Justice Act 1925 (photography), the court may—

(i)

at once require the respondent to erase the recording or photograph immediately,

(ii)

explain the power of a court security officer to seize an article under section 54 of the Courts Act 20036 (Surrender and seizure of articles), and

(iii)

explain the power of the court to order the forfeiture and disposal of an instrument under section 9(3) of the Contempt of Court Act 1981; or

(d)

the court may take no further action in respect of the conduct.

(4)

In the Crown Court, if it is not necessary in the interests of justice to deal there and then with the conduct the court must instead—

(a)

direct the court officer to report the incident to a Presiding Judge; and

(b)

unless the respondent’s behaviour makes it impracticable to do so, explain in terms the respondent can understand (with help, if necessary), that—

(i)

the incident will be considered by a Presiding Judge,

(ii)

the outcome may be prosecution or proceedings for contempt of court, which may lead to imprisonment, or to a fine, or both,

(iii)

the respondent may explain the conduct and may apologise, if the respondent so wishes, which may affect the outcome, and

(iv)

the respondent may take legal advice.”;

(c)

in the note to rule 48.5 (Initial procedure on obstruction, disruption, etc.)—

(i)

in the fourth paragraph, in the first sentence for “section 89 of the Powers of Criminal Courts (Sentencing) Act 20007” substitute “section 227 of the Sentencing Act 20208” and for the second sentence substitute “Under section 108 of the Powers of Criminal Courts (Sentencing) Act 20009, a respondent who is at least 18 but under 21 may be detained if the court is of the opinion that no other method of dealing with that respondent is appropriate.”,

(ii)

in the seventh paragraph for the first sentence substitute “By reason of sections 15 and 45 of the Senior Courts Act 198110, the Court of Appeal and the Crown Court each has (i) an inherent power temporarily to detain a respondent, for example to restore order, when dealing with obstructive, disruptive, insulting or intimidating conduct, and (ii) an inherent power to grant bail, subject to the obligation to attend the enquiry and subject to the same principles that apply to bail in a prosecution.”,

(iii)

after the eighth paragraph insert—

“Under section 53(2) of the Courts Act 200311, a court security officer may restrain any person in a court building, or exclude or remove any person from a court building, if that is reasonably necessary to enable court business to be carried on without interference or delay, to maintain order, or to secure the safety of any person in the building. Under section 53(4) of that Act a court security officer acting in the execution of that officer’s duty may remove any person from a courtroom at the request of a judge or a justice of the peace.

Under section 54 of the Courts Act 2003, a court security officer must ask a person in a court building to surrender any article that the officer reasonably believes (a) may jeopardise the maintenance of order in the court building or a part of it, (b) may put the safety of any person in the court building at risk, or (c) may be evidence of, or in relation to, an offence. If that person refuses to surrender that article the officer may seize it.

Under section 9(3) of the Contempt of Court Act 1981, the court may order the forfeiture of a recording instrument brought into court without the court’s permission, and any recording made with it, and may direct the manner of its disposal. The object forfeited must be disposed of in this manner, unless the court otherwise determines on application by the owner.

Presiding Judges are appointed from among High Court judges under section 72 of the Courts and Legal Services Act 199012.”;

(d)

in rule 48.6 (Review after temporary detention), in paragraph (4) for “there and then”, in both places it occurs, substitute “at once”;

(e)

in rule 48.7 (Postponement of enquiry)—

(i)

in paragraph (2) for “The court must arrange for the preparation of” substitute “Under the superintendence of the court the court officer must prepare”,

(ii)

for paragraph (3) substitute—

“(3)

The court officer must serve on the respondent—

(a)

that written statement;

(b)

such other evidence, if any, of the conduct which the court will consider at the enquiry;

(c)

notice of where and when the postponed enquiry will take place;

(d)

a reminder that the court can impose imprisonment, or a fine, or both, for contempt of court; and

(e)

a warning that if the respondent fails to attend the enquiry—

(i)

the enquiry may take place in the respondent’s absence, and

(ii)

the respondent may be arrested and punished for failing to attend.”;

(f)

in rule 48.8 (Procedure on enquiry), in paragraph (3)(b) after “evidence of the conduct” insert “served under that rule”.