Citation

1. These Rules may be cited as the Criminal Procedure (Amendment) Rules 2026.

Commencement

2. Rules 1, 2, 3, 4 and 11 and the Schedule come into force on 23rd February 2026.

3. Rules 5, 6, 7, 8, 9 and 10 come into force on 6th April 2026.

Interpretation

4. In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2025(3).

Amendments to the Criminal Procedure Rules 2025

5. In Part 5 (Forms and court records), in rule 5.10 (Request or application determined by the court) for the first paragraph of the note to the rule substitute—

“[Note. See also rule 5.7 (The open justice principle) and rules 5.8(3)(b) and 5.9(3)(b) (which latter two rules require reasons for a request for information the supply of which is not required by rule 5.8(4) or rule 5.9(4)). The two main purposes of the open justice principle as it applies to the supply of information from court records are (i) to enable public scrutiny of the way in which the courts decide cases so as to provide public accountability and secure public confidence; and (ii) to enable public understanding of the justice system. The core aim is to ensure appropriate transparency for the work of the courts and the judges who sit in them. A request for information to be determined under this rule must explain (i) why that information is sought, and (ii) how its supply would advance the open justice principle.”.

6. In Part 10 (The indictment), in rule 10.8 (Draft indictment served by the prosecutor at the direction of the Court of Appeal), in paragraph (2) for “28 days” substitute “20 business days”.

7. In Part 16 (Written witness statements), in rule 16.4 (Written witness statement in evidence), in paragraph (4)(b) and (4)(b)(ii) for “5 business days after” substitute “7 business days after”.

8. In Part 30 (Enforcement of fines and other orders for payment), in rule 30.5 (Application to reduce a fine, vary payment terms or remit a courts charge)—

(a)in the heading to the rule for “reduce” substitute “remit”;

(b)for paragraph (1) substitute—

“(1) This rule applies where—

(a)the defendant wants the court to remit the whole or any part of a fine;

(b)no collection order is in force and the defendant wants the court to vary payment terms; or

(c)the defendant, a fines officer or an enforcement agent wants the court to remit a criminal courts charge.”; and

(c)in paragraph (2)—

(i)in sub-paragraph (c) for “reduce” substitute “remit”, and

(ii)in sub-paragraph (c)(ii) for “reduced” substitute “remitted”.

9. In Part 31 (Behaviour orders)—

(a)in rule 31.1 (When this Part applies)—

(i)for paragraphs (1) and (2) substitute—

“(1) This Part applies where a magistrates’ court or the Crown Court can—

(a)make, vary, renew, discharge or revoke a behaviour order; or

(b)impose a bind over.

(2) In this Part—

(a)‘behaviour order’ means an order—

(i)that prohibits a defendant from doing something described in the order, or requires a defendant to do something described in the order, or both,

(ii)made under a power conferred on the court by an Act of Parliament,

(iii)made to achieve a purpose specified by that Act, and

(iv)made as well as, or instead of, passing a sentence, or in any other circumstances specified by that Act; and

(b)‘bind over’ means an order that requires a person to enter into a recognisance—

(i)to keep the peace and be of good behaviour, or

(ii)(in the Crown Court only) to come up for judgment if called on.”, and

(ii)in the first paragraph of the note to the rule, for sub-paragraphs (a) and (b), substitute—

“(a)on conviction, under—

(i)sections 14A and 14G of the Football Spectators Act 1989(4) (football banning order with additional requirements);

(ii)section 19 of the Serious Crime Act 2007(5) (serious crime prevention order),

(iii)section 14 of the Modern Slavery Act 2015(6) (slavery and trafficking prevention order),

(iv)section 19 of the Psychoactive Substances Act 2016(7) (prohibition order),

(v)section 20 of the Immigration Act 2016(8) (labour market enforcement order),

(vi)section 19 of the Offensive Weapons Act 2019(9) (knife crime prevention order),

(vii)section 331 of the Sentencing Act 2020(10) (criminal behaviour order),

(viii)section 342A of the 2020 Act(11) (serious violence reduction order),

(ix)section 345 of the 2020 Act (sexual harm prevention order),

(x)section 360 of the 2020 Act (restraining order),

(xi)section 366 of the 2020 Act (parenting order),

(xii)section 376 of the 2020 Act (binding over of parent or guardian of convicted young defendant to take proper care of the defendant and exercise proper control),

(xiii)section 31(3) of the Domestic Abuse Act 2021(12) (domestic abuse protection order),

(xiv)section 20 of the Public Order Act 2023(13) (serious disruption prevention order);

(b)otherwise, under—

(i)section 5A of the Protection from Harassment Act 1997(14) (restraining order on acquittal, where the Crown Court allows an appeal against conviction or where the Court of Appeal remits a case to the Crown Court),

(ii)paragraph 3 of Schedule 2 to the Female Genital Mutilation Act 2003(15) (female genital mutilation protection order made in criminal proceedings for a genital mutilation offence),

(iii)section 14 of the Modern Slavery Act 2015 (slavery and trafficking prevention order on finding of not guilty by reason of insanity or on finding of disability),

(iv)section 31(5) or (6) of the Domestic Abuse Act 2021 (domestic abuse protection order on acquittal or where the Crown Court allows an appeal against conviction).”;

(b)in rule 31.2 (Behaviour orders and bind overs: general rules)—

(i)in the first paragraph of the note to the rule, at the end insert “See section 34 of the Domestic Abuse Act 2021(16) about making a domestic abuse protection order without notice.”, and

(ii)for the second paragraph of the note to the rule substitute—

“Reasons for a decision to make no order are required by section 14A(3) of the Football Spectators Act 1989 (football banning order) and section 366(3) of the Sentencing Act 2020(parenting order).”;

(c)in rule 31.3 (Application for behaviour order and notice of terms of proposed order: special rules)—

(i)for paragraph (1) substitute—

“(1) This rule applies where—

(a)a prosecutor wants the court to make one of the following orders if the defendant is convicted—

(i)a serious crime prevention order,

(ii)a knife crime prevention order,

(iii)a criminal behaviour order,

(iv)a serious violence reduction order, or

(v)a serious disruption prevention order;

(b)on the prosecutor’s initiative, or at the court’s request, a prosecutor proposes that the court make one of the following orders if the defendant is convicted—

(i)a football banning order with additional requirements,

(ii)a prohibition order,

(iii)a labour market enforcement order,

(iv)a sexual harm prevention order, or

(v)a parenting order;

(c)on the prosecutor’s initiative, or at the court’s request, a prosecutor proposes that the court make one of the following orders whether the defendant is convicted or not—

(i)a restraining order,

(ii)a female genital mutilation protection order,

(iii)a slavery and trafficking prevention order, or

(iv)a domestic abuse protection order.”;

(ii)for paragraph (5) substitute—

“(5) Where paragraph (1)(b) or (c) applies (order proposed), the prosecutor must—

(a)serve a draft order on the court officer and on the defendant as soon as practicable and in any event before the hearing at which the order may be made; and

(b)in the draft order specify those prohibitions, requirements or both which the prosecutor proposes to satisfy the statutory provisions that allow the court to make the order.”,

(iii)omit paragraphs (6), (7) and (8),

(iv)in the first paragraph of the note to the rule for “rule 31.3(1)(b), (c) and (d)” substitute “rule 31.3(1)(b) and (c)”, and

(v)omit the second paragraph of the note to the rule;

(d)for rule 31.4 (Evidence to assist the court: special rules) substitute—

Evidence to assist the court: special rules

31.4.—(1) A party who wants the court to take account of evidence not already introduced must—

(a)as soon as practicable, serve notice on—

(i)the court officer, and

(ii)every other party;

(b)in the notice, identify that evidence; and

(c)attach any written statement containing such evidence.

(2) Paragraph (3) applies where the court can make—

(a)a criminal behaviour order;

(b)a prohibition order; or

(c)a domestic abuse protection order.

(3) A party who wants the court to give a special measures direction for a witness under Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999(17) must, as soon as practicable—

(a)serve notice that the witness is eligible for assistance under section 16 or section 17 of the 1999 Act(18) on—

(i)the court officer, and

(ii)every other party; and

(b)provide any information, including the witness’ own views, that the court may need to decide—

(i)whether any of the special measures available in relation to the witness (or any combination of them) would be likely to improve the quality of evidence given by the witness, and

(ii)if so, which of those measures (or combination of them) would be likely to maximise so far as practicable the quality of that evidence.

[Note. If a party relies on hearsay evidence, see also rules 31.6, 31.7, and 31.8.

The court can give a special measures direction under the Youth Justice and Criminal Evidence Act 1999—

(a)on an application for a criminal behaviour order, under section 340 of the Sentencing Act 2020; and

(b)in proceedings for—

(i)a prohibition order, under section 33 of the Psychoactive Substances Act 2016, or

(ii)a domestic abuse protection order, under section 49 of the Domestic Abuse Act 2021.]”; and

(e)in rule 31.6 (Notice of hearsay evidence), in the first paragraph of the note to the rule for the first sentence substitute “For requirements to serve a notice of evidence, see rules 31.3, 31.4 and 31.5.”.

10. In Part 47 (Investigation orders and warrants), in Section 7: Investigation approval orders under the Regulation of Investigatory Powers Act 2000(19)—

(a)for rule 47.51 (When this Section applies) substitute—

When this Section applies

47.51. This Section applies where a justice of the peace can make an order approving the grant or renewal of an authorisation under section 32A of the Regulation of Investigatory Powers Act 2000(20).

[Note. Under the Regulation of Investigatory Powers Act 2000, an order may be made approving a local authority officer’s authorisation for the use of surveillance or of a ‘covert human intelligence source’.]”;

(b)in rule 47.52 (Exercise of court’s powers)—

(i)in paragraph (1) for “sections 23B(2) and 32B(2)” substitute “section 32B(2)”,

(ii)in paragraph (2)—

(aa)omit “, giving”, and

(bb)omit “or notice”, in both places it occurs, and

(iii)in the note to the rule—

(aa)for “sections 23B(2) and 32B(2)” substitute “section 32B(2)”, and

(bb)for “sections 23B(3) and 32B(3)” substitute “section 32B(3)”; and

(c)in rule 47.53 (Application for approval for authorisation or notice)—

(i)in the heading omit “or notice” and amend the Part 47 table of contents correspondingly,

(ii)for paragraph (1) substitute—

“(1) This rule applies where an applicant wants a magistrates’ court to make an order approving, under sections 32A and 32B of the Regulation of Investigatory Powers Act 2000, an authorisation for—

(a)the carrying out of directed surveillance, under section 28 of the 2000 Act; or

(b)the conduct or use of a covert human intelligence source, under section 29 of the Act(21).”,

(iii)in paragraph (2) for sub-paragraph (c) substitute—

“(c)attach such other material (if any) on which the applicant relies to satisfy the court—

(i)as required by section 32A(3) and (4) of the 2000 Act, in relation to directed surveillance, or

(ii)as required by section 32A(5) and (6), and, if relevant, section 43(6A), of the Act(22), in relation to a covert human intelligence source; and”, and

(iv)in the note to the rule—

(aa)omit the second and third paragraphs, and

(bb)in the final paragraph for “sections 23B(2) and 32B(2)” substitute “section 32B(2)”.

Corrections to the Criminal Procedure Rules 2025

11. The Schedule corrects errors in the Criminal Procedure Rules 2025.

Rule 11

SCHEDULE

1. In Part 2 (Understanding and applying the Rules; powers and duties of court officers and justices’ legal advisers), in rule 2.2 (Definitions) omit the note to the rule.

2. In Part 3 (Case management), in rule 3.10 (Directions for commissioning medical reports, other than for sentencing purposes), in the second paragraph of the note to the rule for sub-paragraphs (f) and (g) substitute—

“(f)section 232 of the Sentencing Act 2020, under which the court must usually obtain and consider a medical report before passing a custodial sentence if the defendant is, or appears to be, suffering from a mental disorder;

(g)paragraphs 16 and 17 in Part 9 of Schedule 9 to the 2020 Act (in the case of a defendant aged 18 or over), or paragraphs 28 and 29 in Part 12 of Schedule 6 to that Act (in the case of a defendant who is under 18), under which the court may impose a mental health treatment requirement.”.

3. In Part 5 (Forms and court records) , in rule 5.4 (Duty to make records), in the fifth paragraph of the note to the rule omit “57, ”.

4. In Part 6 (Reporting, etc. restrictions), in rule 6.1 (When this Part applies), in the sixth paragraph of the note to the rule for sub-paragraph (a) substitute—

“(a)section 38 of the National Security Act 2023(23), during proceedings for an offence under Part 1 of that Act including some parts of sentencing proceedings;”.

5. In Part 14 (Bail and custody time limits), in rule 14.2 (Exercise of court’s powers: general), for the second paragraph of the note to the rule substitute—

“When, by virtue of a direction given under section 51 of the Criminal Justice Act 2003(24), a defendant attends a hearing through a live link, then under section 52A of that Act the defendant is to be treated as present in court.” .

6. In Part 18 (Measures to help a witness or defendant to give evidence or otherwise participate) , in rule 18.5 (Decisions and reasons), in the first paragraph of the note to the rule for “sections 20(5) and 33BB(4)” substitute “section 20(5)” .

7. In Part 24 (Trial and sentence in a magistrates’ court) , in rule 24.11 (Procedure if the court convicts), in the third paragraph of the note to the rule for “sections 57D and 57E of the Crime and Disorder Act 1998 ” substitute “ section 51 of the Criminal Justice Act 2003 ” .

8. In Part 28 (Sentencing procedures in special cases and on committal for sentence, etc.), in rule 28.8 (Directions for commissioning medical reports for sentencing purposes), in the second paragraph of the note to the rule for sub-paragraphs (e) and (f) substitute—

“(e)section 232 of the Sentencing Act 2020, under which the court must usually obtain and consider a medical report before passing a custodial sentence if the defendant is, or appears to be, suffering from a mental disorder;

(f)paragraphs 16 and 17 in Part 9 of Schedule 9 to the 2020 Act (in the case of a defendant aged 18 or over), or paragraphs 28 and 29 in Part 12 of Schedule 6 to that Act (in the case of a defendant who is under 18), under which the court may impose a mental health treatment requirement.”.

9. In Part 29 (Road traffic penalties), in rule 29.4 (Statutory declaration to avoid fine after fixed penalty notice), in the first paragraph of the note to the rule omit “(6), ”.

10. In Part 30 (Enforcement of fines and other orders for payment), in rule 30.8 (Warrant of control: application by enforcement agent for extension of time, etc.), in paragraph (3)(d) for the semi-colon at the end substitute a full stop.

11. In Part 31 (Behaviour orders) , in rule 31.6 (Notice of hearsay evidence), in paragraph (2), for “notice”, in the second place it occurs, substitute “statement” .

12. In Part 33 (Confiscation and related proceedings) , in rule 33.56 (Accounts), in paragraph (4)(b), for “this section of the rule” substitute “paragraph (3)” .

13. In Part 47 (Investigation orders and warrants), in rule 47.12 (Content of application for a production etc. order under the Terrorism Act 2000 or the National Security Act 2023), in paragraph (3)(d)(ii), for the semi-colon at the end substitute a full stop.

14. In Part 48 (Contempt of court), in rule 48.5 (Initial procedure on obstruction, disruption, etc.), in the second paragraph of the note to the rule, for “or (e)” substitute “, (e) or (f)” .

15. In Part 50 (Extradition), for rule 50.23 (Appeal hearing) substitute—

Appeal hearing

50.23.—(1) Unless the High Court otherwise directs, where the appeal to the High Court is under Part 1 of the Extradition Act 2003 the hearing of the appeal must begin within 40 days starting with the defendant’s arrest.

(2) Unless the High Court otherwise directs, where the appeal to the High Court is under Part 2 of the 2003 Act the hearing of the appeal must begin within 76 days starting with the later of—

(a)service of the appeal notice; or

(b)the day on which the Secretary of State informs the defendant of the Secretary of State’s order, in a case in which—

(i)the appeal is by the defendant against an order by the magistrates’ court sending the case to the Secretary of State, and

(ii)the appeal notice is served before the Secretary of State decides whether the defendant should be extradited.

(3) If the effect of the decision of the High Court on the appeal is that the defendant is to be extradited—

(a)the High Court must consider any ancillary application, including an application about—

(i)bail pending extradition,

(ii)reporting restrictions, or

(iii)costs; and

(b)a reference to “the appropriate judge”, in whichever of sections 36B, 36C, 118C or 118D of the 2003 Act applies, has effect as if it were a reference to the High Court.

(4) If the effect of the decision of the High Court on the appeal is that the defendant is discharged, the High Court must consider any ancillary application, including an application about—

(a)reporting restrictions; or

(b)costs.

Note. Under sections 31 and 113 of the Extradition Act 2003(25), if the appeal hearing does not begin within the period prescribed by this rule or ordered by the High Court the appeal must be taken to have been dismissed by a decision of the High Court. See also sections 36 and 118 of the Act(26).

Under section 103(5) of the 2003 Act(27), a defendant’s appeal against an order by the magistrates’ court sending the case to the Secretary of State must not be heard until after the Secretary of State has decided whether to order the defendant’s extradition.

Part 6 contains rules about reporting restrictions. Part 45 contains rules about costs.

Under sections 36B, 36C, 118C and 118D of the 2003 Act, where there is an appeal against an extradition order rules may provide that the appeal court has the obligations and powers conferred by whichever of those sections applies. Those obligations and powers concern postponement of extradition where the defendant has been charged with an offence, or sentenced to imprisonment or another form of detention, in the United Kingdom.]” .