Crim Procedure Rules Notes

Criminal procedure rules and SRA code of conduct Criminal procedure rules 2011 The court's case management powers Identification of real issues Identifying what prosecution evidence is disputed Refusal of an adjournment Failure to comply with a direction The courts powers for failing to comply with a direction Law Active case management includes the early identification of the real issues - CrPR (criminal procedure rules) 3.2(2)(a) Examples Identification of the real issues includes getting the defendant to put forward his defence Law Ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way - CrPR 3.2(2)(e) Examples When the defendant has identified what his defence is and what prosecution evidence he contests, the court expect the only evidence to be presented is that which disputes / contests the prosecution's case. Law Active case management includes discouraging delay, dealing with as many aspects of the case as possible on the same occasion and avoiding unnecessary hearings - CrPR 3.2(2)(f) Examples When the defendant has identified what his defence is and what prosecution evidence he contests, the court expect the only evidence to be presented is that which disputes / contests the prosecution's case. Law The court may fix, postpone, bring forward, extend, cancel or adjourn a hearing - CrPR 3.5(6)(a) The court may exercise its powers to make a costs order - CrPR 3.5(6)(b) The court may impose other sanctions as it deems appropriate - CrPR 3.5(6)(c) Examples Other sanctions under CrPr 3.5(6)(c) may include refusing to admit evidence Varying a direction Application to vary a direction Law 1) A party may apply to vary a direction if: CrPR 3.6(1) The court gave it without a hearing; - CrPR 3.6(1)(a) The court gave it at a hearing in his absence; or- CrPR 3.6(1)(b) The circumstances have changed - CrPR 3.6(1)(c) 2) A party who applies to vary a direction must: CrPR 3.6(2) Apply as soon as practicable after he becomes aware of the grounds for doing so: and- CrPR 3.6(2)(a) Give as much notice to the other parties as the nature and urgency of his application permits - CrPR 3.6(2)(b) Examples Agreement to vary a time limit fixed by a direction Law 1) The parties may agree to vary a time limit fixed by a direction if: CrPR 3.7(1) The variation will not affect the date of any hearing that has been fixed or significantly affect the progress of the case in any other way; - CrPR 3.7(1)(a) The court has not prohibited variation by agreement; and - CrPR 3.7(1)(b) The court's case progression officer is promptly informed - CrPR 3.7(1)(c) Examples Case preparation and progression The court proceeding in the defendant's absence Law At every hearing the court must, where relevant, if the defendant is absent, decide whether to proceed nonetheless - CrPR 3.8(2)(a) Examples At the day of trial the defendant has not turned up. If sentencing goes ahead, a warrant will be issued for his arrest and he will be informed of the sentence once he is brought before trial 

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