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Crim Procedure Rules Notes

LPC Law Notes > Criminal Litigation Notes

This is an extract of our Crim Procedure Rules document, which we sell as part of our Criminal Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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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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