CRIMINAL LAW SOLICITORS' ASSOCIATION

Criminal Procedure Rules - an addition to Rule 8

“At a meeting on Friday 11th  November, at which the CLSA was in attendance, the Criminal Procedure Rule  Committee chaired by Lady Justice Rafferty approved the following formulation of an addition to Part 8 by adding an additional Rule 8.4 in the following terms:

“Use of initial details

8.4.—(1) This rule applies where—

(a)     the prosecutor wants to introduce information contained in a document listed in rule 8.3; and

(b)     the prosecutor has not—

                           (i)    served that document on the defendant, or

                         (ii)    made that information available to the defendant.

(2) The court must not allow the prosecutor to introduce that information unless the court first allows the defendant sufficient time to consider it”.

The amendment goes some way beyond that which had been proposed by the Criminal Procedure Rule Committee and follows further consideration of the amendment by the Committee after the representations made by the CLSA last week.

The new Rule is likely to be implemented on Monday 3rd April and the CLSA will be interested to hear members’ views on how the new Rule is working in practice.

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