Criminal Procedure Rules (CrimPR)—update October 2019 [Archived]
Criminal Procedure Rules (CrimPR)—update October 2019 [Archived]

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

  • Criminal Procedure Rules (CrimPR)—update October 2019 [Archived]
  • Indictment—confirming the contents of the indictment pre-trial and at the start of trial
  • Statutory declarations—court officers empowered to take a statutory declaration
  • Variation of sentence—announcements in public
  • Appeals—suspension of a disqualification or order pending appeal
  • Overseas Production Orders—application procedure

ARCHIVED: This archived Practice Note summarises the key changes made to the Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490, by the Criminal Procedure (Amendment No 2) Rules 2019, SI 2019/1119 which came into force on 7 October 2019. The CrimPR have subsequently been amended. See Practice Note: The Criminal Procedure Rules.

Indictment—confirming the contents of the indictment pre-trial and at the start of trial

CrimPR are being amended to ensure that any errors in or amendments to the indictment are made at the pre-trial and preparation hearing (PTPH) in the Crown Court prior to arraignment and then confirmed again immediately before the start of trial. Additionally, confirmation is required at both stages that the defendant understands the charges being brought against them.

These amendments were prompted by the decision of the Court of Appeal in R v Johnson, R v Burton, where the defendants in two separate trials had been tried and convicted on indictments containing charges on which the defendants had not been arraigned. The prosecution had intended to seek permission to amend the indictments pre trial but the amendments were never completed and the trials proceeded on the assumption that the indictments had been amended. The Court of Appeal concluded that there was no unfairness as both defendants understood they were being indicted in related to the amended charges and both convictions were upheld. Nevertheless the Court of

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