Criminal Procedure Rules (CrimPR)—update for Coronavirus (COVID-19)

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Criminal Procedure Rules (CrimPR)—update for Coronavirus (COVID-19)
  • Key changes to the CrimPR required by the COVID-19 pandemic
  • Live audio and live video links
  • Live video links in extradition cases
  • Broadcasting and recording directions during live link proceedings
  • Orders under the Mental Health Act 1983
  • Content of an application for a live link direction
  • Duration of these amendments

Criminal Procedure Rules (CrimPR)—update for Coronavirus (COVID-19)

This Practice Note summarises the key changes made to the Criminal Procedure Rules (CrimPR), SI 2020/759, by the Criminal Procedure (Amendment No 2) (Coronavirus) Rules 2020, SI 2020/417 (the Coronavirus Rules). The CrimPR govern the practice and procedure to be followed in all criminal courts and in extradition appeal cases in the High Court in England and Wales.

As part of the government’s response to the coronavirus (COVID-19) pandemic, the Coronavirus Act 2020 (CA 2020) amended the following provisions expanding the use of live links and video links in the criminal proceedings and extradition proceedings in England and Wales, providing for the broadcasting of live link proceedings, and, adapting the rules relating to medical evidence required for the making of certain orders under the Mental Health Act 1983:

  1. Part IIIA of the Crime and Disorder Act 1998 (CDA 1998)

  2. Part 8 of the Criminal Justice Act 2003 (CJA 2003)

  3. sections 206A, 206C of the Extradition Act 2003 (EA 2003)

  4. section 85A of the Courts Act 2003 (CA 2003)

  5. sections 36, 37 and 38 of the Mental Health Act 1983 (MeHA 1983) (note that the amendments to these provisions expired on 9 December 2020)

In consequence of these modifications, when enacted on 14 April 2020, the Coronavirus Rules temporarily amended the procedural requirements contained within the Criminal Procedure Rules 2015, SI

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