4) Criminal Procedure Rules Flashcards
What are the Criminal Procedure Rules commonly referred to as?
CrimPR
What is the purpose of the Criminal Procedure Rules?
To govern the management and operation of criminal matters
True or False: The CrimPR apply only to the Crown Court.
False
What is the overriding objective of the Criminal Procedure Rules?
To deal with cases justly
List three factors that contribute to dealing with a criminal case justly according to Rule 1.1(2).
- Acquitting the innocent and convicting the guilty
- Dealing with the prosecution and the defence fairly
- Recognising the rights of a defendant under Article 6 of the European Convention on Human Rights
Who is considered a ‘participant’ in the conduct of a criminal case?
Prosecutors, defence solicitors, the defendant, witnesses, expert witnesses, probation officers, police officers, and possibly jurors
Fill in the blank: The court must further the overriding objective when exercising any power given to it by _______.
[legislation]
What does Rule 3.2(2)(a) focus on?
Identifying the real matters in dispute between the defence and the prosecution
Why is discouraging delay important in criminal cases according to Rule 3.2(2)(f)?
To deal with as many aspects of the case as possible and avoid unnecessary hearings
What can both the Crown Court and magistrates’ court do under Rule 3.5?
Issue directions for case management
What must happen within 20 days after a not guilty plea has been entered regarding bad character evidence?
The prosecution must serve notice of any intention to introduce it
What are the possible sanctions if a party fails to comply with a direction according to Rule 3.5(6)?
- Fix, postpone, bring forward, extend, cancel or adjourn a hearing
- Make a costs order
- Impose other appropriate sanctions
True or False: The court may refuse to allow a party to introduce evidence as a sanction for non-compliance.
True
What does Rule 3.8 allow regarding case preparation?
Allows a case to progress in a defendant’s absence if necessary
What is the role of judges and participants in criminal matters according to the summary?
To actively consider the way in which the case is conducted and managed
Fill in the blank: Parties should not ambush each other by failing to serve _______.
[documents or applications]
What is one of the main goals of the Criminal Procedure Rules?
To ensure that cases come to trial quickly, without any undue delay
