CrimPR Overview

Question 1

What are the Criminal Procedure Rules?

Answer 1

A single statement of statutory and common law provisions governing the management of criminal matters.

Question 2

How often are the Criminal Procedure Rules amended?

Answer 2

Regularly, to give effect to legislative changes.

Question 3

To which courts do the Criminal Procedure Rules apply?

Answer 3

They apply to all criminal cases in Criminal Courts.

Question 4

What is the Overriding Objective of the Criminal Procedure Rules?

Answer 4

Criminal cases must be dealt with justly.

Question 5

What does dealing with a criminal case justly include?

Answer 5

• Acquitting the innocent and convicting the guilty
• Fair treatment of prosecution and defense
• Respecting rights of defendants, witnesses, victims, and jurors
• Dealing efficiently and expeditiously
• Ensuring appropriate information is available
• Considering the gravity, complexity, and consequences of the case

Question 6

What are the duties of participants in a criminal case?

Answer 6

• Prepare and conduct cases in line with the overriding objective
• Comply with rules and court directions
• Inform the court of any procedural failures immediately

Question 7

How does the court apply the overriding objective?

Answer 7

By furthering it when exercising legislative power, applying practice directions, and interpreting rules.

Question 8

What does Part 3 of the Criminal Procedure Rules cover?

Answer 8

Effective case management.

Question 9

What is the court’s duty under Rule 3.2?

Answer 9

To manage cases effectively, identify real matters in dispute, and ensure evidence is presented clearly and concisely.

Question 10

Why is early identification of issues important?

Answer 10

It prevents ambush tactics at trial and ensures fair proceedings.

Question 11

What is the rule on disclosure for the court in relation to case management?

Answer 11

Any material that can assist the judge in managing the case effectively, must be disclosed to the court.

Question 12

Who can issue case management directions?

Answer 12

Both Crown Court and Magistrates’ Court, and any party can seek a direction.

Question 13

What are examples of standard directions?

Answer 13

• Prosecution must serve notice of bad character evidence within 20 days
• Defence must serve statements within 10 business days
• Objections must be made within 5 business days

Question 14

What are the sanctions for failing to comply with directions?

Answer 14

The court may:
* Fix, postpone, or adjourn hearings
* Impose costs orders
* Refuse evidence
* Draw adverse inferences

Question 15

Can a case progress in D’s absence?

Answer 15

The case can progress in the defendant’s absence if necessary.