Criminal Procedure Rules meaning

This Checklist Sets out the actions practitioners must take to secure a witness summons compelling a witness to attend a Crown Court criminal trial in England and Wales, under the Criminal Procedure (Attendance of Witnesses) Act 1965 (CP(AW)A 1965) and in line with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 17. It should be noted that equivalent powers to issue a summons for a proposed witness in a magistrates’ court are provided by section 97 of the Magistrates’ Courts Act 1980, and powers exist to compel the production of a witness deposition for admission in a Crown Court trial under Schedule 3 to the Crime and Disorder Act 1998. For additional guidance on these powers, consult Practice Note: Obtaining third-party disclosure in criminal proceedings...

This Procedural Guide Sets out the process under the Debtors Act 1869 (DA 1869), the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33, and the Administration of Justice Act 1970 (AJA 1970) for applying for a judgment summons compelling a debtor to attend court where the debtor has, or has had since the date of the order or judgment, the means to meet the defaulted amount, yet refuses or neglects to do so. It provides guidance on eligibility to apply, the criminal standard of proof and evidential requirements, and the debtor’s committal. A judgment summons is a summons that requires a debtor to appear before the court. If it is proved to the court’s satisfaction that the debtor has, or has had since the order or judgment, the means to pay the sum in default, and has refused or neglected, or refuses or neglects, to pay it, the debtor may be committed to prison for up to six weeks, or until prior payment of the amount owing....

Once the accused has served a defence statement and the prosecutor has either complied, purported to comply or failed to comply with obligations that govern further disclosure, the defendant may apply to the court, pursuant to section 8 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996), for an order obliging the prosecutor to reveal material where there is reasonable cause to believe there exists prosecution material that meets the disclosure test. The Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, set out the form and procedure that must be observed for such applications...

Within Scotland, minor offences proceed by way of a summary complaint. Summary procedure is governed under Part IX of the Criminal Procedure (Scotland) Act 1995...

In this issue: Criminal procedure and evidence Proceeds of crime Appeal and judicial review Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering International LexTalk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Court delays soar as backlogs break records Between April and June 2025, the criminal courts in England and Wales amassed an unprecedented caseload of almost 440,000, with incoming matters exceeding disposals and a system hampered by long-standing funding shortfalls. In response, the Ministry of Justice (MOJ), together with The Rt Hon David Lammy MP, confirmed extra resources to accelerate outcomes for...

In this issue: Investigating criminal conduct Criminal procedure and evidence Proceeds of crime Sentencing Bribery, corruption, sanctions and export controls Consumer protection and cartels Cybercrime and data protection offences Environmental offences Financial services and pensions offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Money laundering International Other corporate crime news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Standards of candour in closed hearings, and corporate witness statements (Attorney General v BBC; R (‘Beth’) v IPT) When scrutinising MI5’s actions across two High Court cases, the court addressed the grave consequences of presenting inaccurate material within closed hearings. It outlined the tightly confined situations that can justify a departure from open justice under section 6 of the Justice and Security Act 2013 (JSA 2013). The court further...

In this issue Criminal procedure and evidence Appeal and judicial review Bribery, corruption, sanctions and export controls Consumer protection and cartels Environmental offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Challenging the decision not to prosecute (R (on the application of Hillary Smith) v DPP) The High Court’s judgment in R (on the application of Hillary Smith) v Director of Public Prosecutions delivers notable guidance on three fronts: the weight to be attached to inquest conclusions when the Crown Prosecution Service’s (CPS) decides whether or not to bring a prosecution; the position the courts are likely to take in judicial review proceedings when scrutinising the reasonableness of the CPS’s application of the two-stage...

Proving the identity of the driver Where the bench is satisfied the defendant was served with a notice under section 172 of the Road Traffic Act 1988, and the court receives a statement from the defendant admitting they were the driver, that statement is accepted as proof of identity. If no such admission exists—either because a RTA 1988, s 172 notice was not properly served in line with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 4, or the allegation is not one to which section 172 applies—the magistrates will look to other material. Information provided by the registered keeper to police during interview or questioning Entries held on the police national database See: Creed v Scott [1976] RTR 485 (not reported by LexisNexis®) and DPP v Bayliff [2003] EWHC 539 (Admin) (not reported by LexisNexis®). Details supplied to the police may suffice to prove who was driving; it is immaterial whether a driving licence is produced to confirm name...

This Practice Note centres on appeals against conviction, sentence, and related orders pursued in the Court of Appeal Criminal Division (CACD) under the Criminal Appeal Act 1968 (CAA 1968), and in accordance with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Parts 36 and 39. It also considers applications advanced by the Attorney General under section 36 of the Criminal Justice Act 1972 (CJA 1972) or section 36 of the Criminal Justice Act 1988 (CJA 1988). It outlines how an appeal is commenced, namely by lodging an application for leave to appeal directly with the Court of Appeal. For further information on obtaining certificates declaring a case fit for appeal from the Crown Court, see Practice Note: Criminal appeals—certificates of fitness to appeal from the Crown Court. For detailed guidance on progressing an appeal in the CACD, see Practice Note: Conducting an appeal in the Court of Appeal Criminal Division (CACD). When can an appeal be made to the Court of Appeal? An appeal to the CACD...

This Practice Note sets out when the court may issue directions about the proper treatment and questioning of a witness or defendant at a ground rules hearing, explains the procedural framework for such hearings, and outlines the directions that might be made in a particular case. Those directions form part of a wider suite of special measures intended to support the effective participation of a vulnerable witness or defendant in criminal proceedings, where necessary and proportionate. For detail on other special measures available in criminal cases, see Practice Notes: Special measures and Special measures for the accused. The procedural scheme for a ground rules hearing appears in Part 3 of the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, with further guidance in Part 6 of the Criminal Practice Directions 2023 (CPD 2023). Additional guidance is available in the Crown Court Compendium Part I and the Equal Treatment Bench Book. Duty to facilitate participation When preparing for trial, the court must take all reasonable steps to enable the...