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PRACTICE NOTES
This Practice Note explains the key changes made to the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909 by the Criminal Procedure (Amendment) Rules 2026, SI 2026/47, which came into force primarily on 6 April 2026, with some small changes taking effect on 23 February 2026. The changes include clarification of the open justice principle in relation to access to court records, amendments to time limits expressed in business days, changes to the procedure for objecting to written witness statements, clarification of the powers of magistrates’ courts in relation to fines, substantial revision of the rules governing behaviour orders, amendments relating to judicial approval under the Regulation of Investigatory Powers Act 2000 (RIPA 2000), and a number of technical corrections. The Criminal Procedure Rule Committee has published a guide to the Criminal Procedure (Amendment) Rules 2026 which can be found here. For the most recent updates to CrimPR 2025, SI 2025/909, see Practice Note: Criminal Procedure Rules (CrimPR)—updates October 2026. Corrections to the Criminal Procedure Rules 2025 These amendments are in force
PRACTICE NOTES
This Practice Note explains the key changes made to the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909 by the Criminal Procedure (Amendment) (No 2) Rules 2026, SI 2026/721. Most amendments come into force on 5 October 2026, although some commence alongside provisions of the Victims and Prisoners Act 2024 (VPA 2024), the Sentencing Act 2026 (SA 2026), the Victims and Courts Act 2026 (VCA 2026) and the Crime and Policing Act 2026 (CPA 2026). The amendments include clarification of the powers exercisable by justices' legal advisers, revised provisions concerning witness companions, new recording requirements where a court determines that an offence involved domestic abuse, clarification of the circumstances in which a magistrates' court must refuse to issue a summons, changes to sentencing procedure, new procedures governing internet protocol address and domain name suspension orders, and a range of consequential amendments reflecting recent primary legislation. The Criminal Procedure Rule Committee has published a guide to the Criminal Procedure (Amendment) (No 2) Rules 2026 which can be found here. Judicial powers of justices' legal advisers These amendments come into
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides background information on the changes to criminal procedure which came into force in April 2013 under the Criminal Procedure (Amendment) Rules 2012, SI 2012/3089. These regulations have been revoked. The current rules on criminal procedure are contained in the Criminal Procedure Rules 2015, SI 2015/1490 as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note states the law as at 1 April 2013 and is not maintained. It is for background information only. Changes from 1 April 2013 The amending SI 2012/3089 reflects changes in legislation, case law and procedure. The statutory obligation set out in section 69 of the Courts Act 2003 requires that the Rules Committee make rules which govern Criminal Procedure both simple and simply expressed. A summary of these changes is as follows. Part 2 Rule 2.4 of the Criminal Procedure Rules clarifies the circumstances in which someone other than a qualified legal representative can initiate a prosecution on behalf of a prosecutor or act on behalf
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides background information on the changes to criminal procedure which came into force on 6 April 2015 under the Criminal Procedure (Amendment) Rules 2015, SI 2015/13 and the Criminal Procedure (Amendment No 2) Rules, SI 2015/646. These regulations have been revoked. The current rules on criminal procedure are contained in the Criminal Procedure Rules 2015, SI 2015/1490 as amended. See Practice Note: The Criminal Procedure Rules. The Criminal Procedure (Amendment) Rules 2015, SI 2015/13, and the Criminal Procedure (Amendment No 2) Rules, SI 2015/646 make a number of amendments to the Criminal Procedure Rules, SI 2014/1610 (Crim PR 2014). In particular, these SIs make provision for ground rules hearings, the requirement of advance notice for the introduction of further evidence on an appeal to the Crown Court from a magistrates’ court and for trial by single justice on the papers. These changes come into force from 6 April 2015. Ground rules hearings Crim PR 2014, SI 2014/1610, r 3.9 (Case preparation and progression) is amended to provide further
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides background information on the changes to criminal procedure which came into force on 2 February 2015 under the Criminal Procedure (Amendment) Rules 2015, SI 2015/13. These regulations have been revoked. The current rules on criminal procedure are contained in the Criminal Procedure Rules 2015, SI 2015/1490 as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note states the law as at 2 February 2015 and is not maintained. It is for background information only. The Criminal Procedure (Amendment) Rules 2015, SI 2015/13, make a number of amendments to the Criminal Procedure Rules, SI 2014/1610 (Crim PR 2014). Certain of these amendments will come into force on 2 February 2015. The remaining amendments come into force on 6 April 2015. This
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides background information on the changes to criminal procedure which came into force on 24 February and 7 April 2014 under the Criminal Procedure Rules 2013, SI 2013/1554 and the Criminal Procedure (Amendment No) Rules 2013, SI 2013/3183. These regulations have been revoked. The current rules on criminal procedure are contained in the Criminal Procedure Rules 2015, SI 2015/1490 as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note states the law as at 7 April 2014 and is not maintained. It is for background information only. What are the changes which have already been made in 2014? The new rules providing a framework for deferred prosecution agreements (DPA) came into force on 24 February 2014. The new rules insert a new Part 12 in the Criminal Procedure Rules 2013 (Crim PR 2013) to provide for the procedure relating to this new way of dealing with some crimes. Schedule 17 to the Crime and Courts Act 2013 (CCA 2013) sets out an alternative procedure for dealing
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides background information on the changes to criminal procedure which came into force on 7 October 2013 under the Criminal Procedure Rules 2013, SI 2013/1554. These regulations have been revoked. The current rules on criminal procedure are contained in the Criminal Procedure Rules 2015, SI 2015/1490 as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note states the law as at 7 October 2013 and is not maintained. It is for background information only. Summary of changes to the Crim PR The Criminal Procedure Rules 2013 (Crim PR 2013) make new rules about: • applications for search warrants, in Part 6 of the Criminal Procedure Rules • applications and appeals under new legislation governing the retention of fingerprints and DNA samples and profiles (Part 6) • dismissal of charges sent for trial with a new rule in Part 9 Crim PR 2013 revokes the old rules in Parts 10, 11 and 13 which dealt with committal and transfer for trial and with the dismissal of charges sent
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides background information on the changes to criminal procedure which came into force on 6 October 2014 under the Criminal Procedure Rules 2014, SI 2014/1610 . These regulations have been revoked. The current rules on criminal procedure are contained in the Criminal Procedure Rules 2015, SI 2015/1490 as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note states the law as at 6 October 2014 and is not maintained. It is for background information only. What is changing in the Criminal Procedure Rules? The new consolidated Criminal Procedure Rules 2014, SI 2014/1610 (Crim PR 2014) and the updated Criminal Practice Directions come into force on Monday 6 October 2014. The following Practice Note outlines these changes and provides links, where relevant, to our new and updated content. The most significant changes are dealt with in the Practice Notes referred to below. The content throughout the Corporate Crime practice area has been updated generally to take into account any changes as a result of the Crim PR 2014. Appeal
GLOSSARY
A criminal act, or actus reus, is an action or omission that is proscribed by law and may be punished by the state.
PRACTICE NOTES
Generally, for a person to be found guilty of a criminal offence, it must be shown that they: • acted in a particular way which is prohibited, • failed to act in a particular way (omission), or • brought about a state of affairs • and had the required mental element or mens rea at the time of the carrying out of the criminal act For information on the required mental element, see: State of mind—overview. However, some offences, mostly statutory based, create strict liability where it is not necessary for the prosecution to prove any mental element or fault. See Practice Note: Strict liability. Actus reus The criminal conduct or criminal act of an offence is also known as the actus reus and this behavioural element is the essential characteristic of any offence. Some offences require that the conduct cause a particular outcome while others simply require that the conduct take place and the consequent result of the conduct is immaterial. Every crime has specified elements, prescribed by common law or by statutory definition of the offence, which
CHECKLISTS
This checklist should be read in conjunction with Practice Note: Starting an appeal in the Court of Appeal Criminal Division (CACD). In some cases, appeals can be brought forward on the basis of incompetence of previous legal representatives. However, counsel have a duty to ensure that their client's claims have substance before commencing an appeal on this basis. Following the decisions of the Court of Appeal in R v Lee, R v McCook and R v Achogbuo, where fresh solicitors or fresh advocates were instructed, they must, before the grounds of appeal are settled and lodged, make specific inquiries of the legal representative(s) who appeared and acted at the trial/plea hearing in order to ensure that the factual basis for each of the grounds of appeal (actual or prospective) is correct. Where necessary, further steps should be taken to obtain objective and independent evidence to substantiate the factual basis for those grounds. These duties on fresh representatives (McCook duties) are not limited to conviction applications, but also apply to sentence appeals. Counsel
PRACTICE NOTES
Statutory basis for an appeal against conviction in the Crown Court Section 1 of the Criminal Appeal Act 1968 (CAA 1968) provides two routes to appeal a conviction in the Crown Court: • by making an application for and obtaining leave to appeal from the Court of Appeal, and • by obtaining a certificate that the case is fit for appeal within 28 days of the date of the conviction from the trial judge CAA 1968, s 11 makes similar provision for sentence appeals: leave to appeal from the Court of Appeal may be obtained or a judge may certify that the case is fit for appeal under CAA 1968, ss 9 or 10 within 28 days from the date on which the sentence was passed. This Practice Note is concerned with the ability of the trial judge to grant a certificate under CAA 1968, s 1(2)(b) and CAA 1968, s 11(1A). For detailed guidance on commencing an appeal against conviction and/or sentence to the Court of Appeal, Criminal