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This Statutory Instrument corrects errors in S.I. 2025/909 and is being issued free of charge to all
known recipients of that Statutory Instrument.
STATUTORY INSTRUMENTS
2026 No. 47 (L. 1)
SENIOR COURTS OF ENGLAND AND WALES
MAGISTRATES’ COURTS,
ENGLAND AND WALES
The Criminal Procedure (Amendment) Rules 2026
Made - - - - 19th January 2026
Laid before Parliament 22nd January 2026
Coming into force in accordance with rules 2 and 3
The Criminal Procedure Rule Committee makes the following Rules under section 69 of the Courts
Act 2003(1) and sections 31(1) and (2), 36B(4), 36C(3), 113(1), 118C(4) and 118D(3) of the
Extradition Act 2003(2), after consulting in accordance with section 72(1)(a) of the Courts Act 2003.
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).
(1) 2003 c. 39; section 69 was amended by section 146 of, and paragraphs 308 and 332 of Schedule 4 and Part 2 of Schedule 18
to, the Constitutional Reform Act 2005 (c. 4).
(2) 2003 c. 41; sections 36B, 36C, 118C and 118D were inserted by section 161 of the Anti-social Behaviour, Crime and Policing
Act 2014 (c. 12).
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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
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(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),
(4) 1989 c. 37; sections 14A and 14G were substituted by section 1 of, and paragraphs 1 and 2 of Schedule 1 to, the Football
(Disorder) Act 2000 (c. 25). Section 14A was subsequently amended by section 86(5) of the Anti-Social Behaviour Act 2003
(c. 38), section 139(10) of the Serious Organised Crime and Police Act 2005 (c. 15), paragraphs 1 and 2(1) of Schedule 3
and Schedule 5 to the Violent Crime Reduction Act 2006 (c. 38), paragraph 107 of Schedule 24 to the Sentencing Act 2020
(c. 17) and by section 192(1) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32). Section 14G was subsequently
amended by paragraph 332(a) of Schedule 8 to the Courts Act 2003 (c. 39).
(5) 2007 c. 27; section 19 was amended by paragraph 78 of Schedule 4 to the Serious Crime Act 2015 (c. 9).
(6) 2015 c. 30.
(7) 2016 c. 2.
(8) 2016 c. 19.
(9) 2019 c. 17; section 19 was amended by section 167(1) of the Police, Crime, Sentencing and Courts Act 2022. Section 19
is in force only partially.
(10) 2020 c. 17.
(11) Section 342A was inserted by section 165(1) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32). Section 342A
is in force only partially.
(12) 2021 c. 17.
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(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,
(13) 2023 c. 15.
(14) 1997 c. 40; section 5A was inserted by section 12(5) of the Domestic Violence, Crime and Victims Act 2004 (c. 28) and
amended by paragraph 144 of Schedule 24 to the Sentencing Act 2020.
(15) 2003 c. 31; Schedule 2 was inserted by section 73(2) of the Serious Crime Act 2015 (c. 9).
(16) 2021 c. 17; section 34 is in force only partially.
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(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—
(17) 1999 c. 23.
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(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
(18) Section 16 was amended by section 98(1) and (2) of the Coroners and Justice Act 2009 (c. 25). Section 17 was amended by
section 99(1) and (2) of the Coroners and Justice Act 2009, section 46(1) and (2) of the Modern Slavery Act 2015 (c. 30) and
section 62(1) and (2) of the Domestic Abuse Act 2021 (c. 17) and by S.I. 2013/554.
(19) 2000 c. 23.
(20) Sections 32A and 32B were inserted by section 38(1) of the Protection of Freedoms Act 2012 (c. 9)
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(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.
(21) Section 29 was amended by section 8(2) and (4) of the Policing and Crime Act 2009 (c. 26), section 44 of, and paragraph
3(2), (3) and (5) of Schedule 19 to, the Policing and Crime Act 2017 (c. 3) and section 1(4) of the Covert Human Intelligence
Sources (Criminal Conduct) Act 2021 (c. 4) and by S.I. 2013/602.
(22) Section 43(6A) was inserted by section 38(2)(b) of the Protection of Freedoms Act 2012.
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Carr of Walton-on-the-Hill, C.J.
Edis, L.J.
Foster, J.
Patrick Field
Heather Norton
Michael Oliver
David Barrand
Amy McEvoy
Stephen Parkinson
Jacob Hallam
Paul Jarvis
Edmund Smyth
Bartholomew Dalton
Tim De Meyer
Rebecca White
Robert Thomas
I allow these Rules, which shall come into force in accordance with rules 2 and 3.
David Lammy
Lord Chancellor
19th January 2026 Ministry of Justice
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SCHEDULE Rule 11
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), ”.
(23) 2023 c. 32.
(24) 2003 c. 44; section 51 was substituted by section 200(1) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32). Section
52A was inserted by paragraph 1(1) and (2) of Schedule 20 to that Act.
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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.
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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.]”.
EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend the Criminal Procedure Rules 2025 (S.I. 2025/909) as follows—
Rule Amendment
Part 5 The note to rule 5.10 is amended to include a description of the open justice
principle as that applies to the supply of information from court records.
Part 10 Rule 10.8 is amended to express the time limit under that rule for the service of a
draft indictment in business days instead of in calendar days.
Part 16 Rule 16.4 is amended to ensure that the time limit under that rule for objecting to
the admissibility of a written witness statement complies with section 9(2A) of
the Criminal Justice Act 1967. The previous limit of 5 business days could fall
short of the statutory minimum of 7 days if a statement is served on a Saturday
or Sunday.
Part 30 Rule 30.5 is amended to clarify the availability of a magistrates’ court’s power to
remit the whole or part of a fine.
Part 31 Rule 31.1 is amended to make more understandable the description of the
“behaviour orders” to which Part 31 applies. The note to rule 31.1 is amended
to rearrange in chronological order the statutory powers that it lists. The note
to rule 31.2 is amended to clarify the references that it makes to statutory
(25) 2003 c. 41.
(26) Sections 36 and 118 were each amended by paragraph 81 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4). Section
36 was also amended by paragraphs 16 and 21 of Schedule 20 to the Crime and Courts Act 2013 (c. 22) and paragraph 109 of
Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). Section 118 was also amended by paragraphs
22 and 27 of Schedule 20 to the Crime and Courts Act 2013 and paragraph 116 of Schedule 11 to the Anti-social Behaviour,
Crime and Policing Act 2014.
(27) Section 103 was amended by section 160(3) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).
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Rule Amendment
provisions. Rule 31.3 is amended to distinguish between (i) behaviour orders
that may be made in criminal proceedings on conviction only and for which
the prosecutor must apply, (ii) behaviour orders that may be made in criminal
proceedings on conviction only and for which no application is needed but
which the prosecutor must propose, and (iii) behaviour orders that may be
made in criminal proceedings on conviction, on acquittal, or in some other
circumstances (for example, at the conclusion of an appeal) and for which
no application is needed but which the prosecutor must propose. Rule 31.4
is amended to clarify (i) the occasions on which the court can give a special
measures direction for a witness in behaviour order proceedings, and (ii) the
information that the party who wants that direction must give the court. The note
to rule 31.6 is amended consequentially.
Part 47 Rules 47.51, 47.52 and 47.53 are amended to remove references to powers of
magistrates’ courts that have been repealed.
The corrections in the Schedule to these Rules remove errors in the Criminal Procedure Rules
2025 identified by the Parliamentary Joint Committee on Statutory Instruments and by the Criminal
Procedure Rule Committee. Rule 50.23 of the Criminal Procedure Rules 2025 is substituted without
change to its substance to resolve doubts about its legality raised by the Joint Committee on Statutory
Instruments in that Committee’s Fortieth Report of the Parliamentary Session 2024 – 26: not all the
relevant enabling powers in the Extradition Act 2003 were correctly cited in S.I. 2025/909.
These Rules come into force in accordance with rules 2 and 3, so that—
(a) the corrections in the Schedule come into force on 23rd February 2026; and
(b) the other amendments come into force on 6th April 2026.
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