Legislation – The Criminal Procedure (Amendment) Rules 2025

Amendments to the Criminal Procedure Rules 20206.

In Part 17 (Witness summonses, warrants and orders)—

(a)

in rule 17.1 (When this Part applies)—

(i)

omit paragraph (2),

(ii)

paragraph (1) becomes the text of the rule,

(iii)

immediately after the third sentence of the note to the rule insert, “Under section 9(2) of the 1879 Act3, expressions in the Act relating to “bankers’ books” include ledgers, day books, cash books, account books and other records used in the ordinary business of the bank, whether those records are in written form or are kept on microfilm, magnetic tape or any other form of mechanical or electronic data retrieval mechanism.”;

(b)

in rule 17.3 (Application for summons, warrant or order: general rules) for paragraph (4) substitute—

“(4)

The application may be made orally unless—

(a)

paragraph (3) of this rule applies (bank records);

(b)

rule 17.5 applies (Application for summons to produce a document, etc.: special rules); or

(c)

the court otherwise directs.”;

(c)

in rule 17.5 (Application for summons to produce a document, etc.: special rules) omit paragraph (5);

(d)

in rule 17.7 (Application to withdraw a summons, warrant or order)—

(i)

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

(ii)

at the end of paragraph (1)(c) insert—

“; or

(d)

the bank to which the order is directed, on the ground that a requirement of the Bankers’ Books Evidence Act 1879 is not met.”,

(iii)

in paragraph (2)(b)(i) after “the witness” insert “or bank”,

(iv)

in paragraph (3) after “document or thing to be produced” insert “by a witness”.

3

1879 c. 11; section 9 was substituted by section 51 of, and paragraph 1 of Schedule 6 to, the Banking Act 1979 (c. 37) and amended by sections 4 and 7 of, and Schedule 4 to, the Trustee Savings Bank Act 1985 (c. 58), section 120 of, and paragraph 1 of Schedule 18 to, the Building Societies Act 1986 (c. 53), S.I. 2001/1149 and 3649 and section 114 of, and paragraph 27 of Schedule 18 to, the Financial Services Act 2012 (c. 21).