1.4 The Criminal Procedure Rules Flashcards

1
Q

What is the overriding objective in criminal procedure?

A

CrimPR 1.1(1)

The overriding objective of this new code is that criminal cases shall be dealt with justly.

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2
Q

When in particular must the court further the overriding objective?

A

CrimPR 1.3
The court must further the overriding objective in particular when—
(a)
exercising any power given to it by legislation (including these Rules);
(b)
applying any practice direction; or
(c)
interpreting any rule or practice direction.

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3
Q

Which part of CrimPR provides for case management?

A

Part 3

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4
Q

What is the duty of the court in terms of case management?

A
CrimPR 3.2 — The duty of the court
(1)
The court must further the overriding objective by actively managing the case.
(2)
Active case management includes—
[examples]
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5
Q

What is the duty of the parties in terms of case management?

A

CrimPR 3.3 — The duty of the parties
(1)
Each party must—
(a) actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a direction; and
(b) apply for a direction if needed to further the overriding objective.
(2)
Active assistance for the purposes of this rule includes—
[examples]

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6
Q

What are the court’s case management powers?

A

CrimPR 3.5.— The court’s case management powers
(1)
In fulfilling its duty under rule 3.2 the court may give any direction and take any step actively to manage a case unless that direction or step would be inconsistent with legislation, including these Rules.
(2)
In particular, the court may—
[examples]

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7
Q

Why is the participants’ duty to identify disputed matters important? (CrimPR 3.3(2)(c)(ii))

A

It furthers the overriding objective by helping to prevent a participant ambushing the other at trial.

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8
Q

Which Rule deals with case preparation and progression, including allowing for a case to progress in D’s absence?

A

CrimPR 3.9

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9
Q

Which Rule deals with the conduct of a trial or appeal?

A

CrimPR 3.11
In order to manage a trial or an appeal, the court—
(a)
[must establish what are the disputed issues]
(b)
[consider setting a timetable]
(c)
[may require a party to set out how it plans to use witness evidence]

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10
Q

Which Rule sets out the sanctions available to the court where parties breach its directions (including standard directions)?

A

CrimPR 3.5(6)

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11
Q

What are the primary sanctions available to the court for failure to comply with its directions?

A

CrimPR 3.5(6)
If a party fails to comply with a rule or a direction, the court may—
(a)
fix, postpone, bring forward, extend, cancel or adjourn a hearing;
(b)
exercise its powers to make a costs order; and
(c)
impose such other sanction as may be appropriate.

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12
Q

What further sanctions can be available?

A

CrimPR 3.5(6) additional notes
Under some other legislation, including Parts 19, 20 and 21 of these Rules, if a party fails to comply with a rule or a direction then in some circumstances—
(a)
the court may refuse to allow that party to introduce evidence;
(b)
evidence that that party wants to introduce may not be admissible;
(c)
the court may draw adverse inferences from the late introduction of an issue or evidence.

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