Criminal Practice Directions 2015
| Jurisdiction | England & Wales |
| Judge | and |
| Judgment Date | 29 September 2015 |
| Neutral Citation | [2015] EWCA Crim 1567 |
| Court | Court of Appeal (Criminal Division) |
| Date | 29 September 2015 |
[2015] EWCA Crim 1567
Lord Chief Justice of England and Wales
IN THE COURT OF APPEAL (CRIMINAL DIVISION)
Royal Courts of Justice
Strand, London, WC2A 2LL
CRIMINAL PRACTICE DIRECTIONS 2015
TABLE OF CONTENTS
| CPD | I General matters | A | |
| CPD | I General matters | 1A | |
| CPD | I General matters | 3A | Case management |
| CPD | I General matters | 3B | Pagination and indexing of served evidence |
| CPD | I General matters | 3C | Abuse of process stay applications |
| CPD | I General matters | 3D | Vulnerable people in the Courts |
| CPD | I General matters | 3E | Ground rules hearings to plan the questioning of a vulnerable witness or defendant |
| CPD | I General matters | 3F | Intermediaries |
| CPD | I General matters | 3G | Vulnerable defendants |
| CPD | I General matters | 3H | Wales and the Welsh Language: Devolution issues |
| CPD | I General matters | 3J | Wales and the Welsh Language: Applications for evidence to be given in Welsh |
| CPD | I General matters | 3K | Wales and the Welsh Language: Use of the Welsh Language in Courts in Wales |
| CPD | I General matters | 3L | Security of Prisoners at Court |
| CPD | I General matters | 3M | Procedure for application for armed police presence in Crown Courts and magistrates' court buildings |
| CPD | I General matters | 5A | Forms |
| CPD | I General matters | 5B | Access to information held by the Court |
| CPD | I General matters | 5C | Issue of medical certificates |
| CPD | I General matters | 6A | Unofficial sound recording of proceedings |
| CPD | I General matters | 6B | Restrictions on reporting proceedings |
| CPD | I General matters | 6C | The use of live text-based forms of communication (including Twitter) from court for the purposes of fair and accurate reporting |
| CPD | II Preliminary proceedings | 8A | Defendant's record |
| CPD | II Preliminary proceedings | 9A | Allocation (mode of trial) |
| CPD | II Preliminary proceedings | 10A | Settling the indictment |
| CPD | II Preliminary proceedings | 10B | Voluntary bills of indictment |
| CPD | III Custody and bail | 14A | Bail before sending for trial |
| CPD | III Custody and bail | 14B | Bail: Failure to surrender and trials in absence |
| CPD | III Custody and bail | 14C | Penalties for failure to surrender |
| CPD | III Custody and bail | 14D | Relationship between the Bail Act offence and further remands on bail or in custody |
| CPD | III Custody and bail | 14E | Trials in absence |
| CPD | III Custody and bail | 14F | Forfeiture of monies lodged as security or pledged by a surety/estreatment of recognizances |
| CPD | III Custody and bail | 14G | Bail during trial |
| CPD | III Custody and bail | 14H | Crown Court judge's certification of fitness to appeal and applications to the Crown Court for bail pending appeal |
| CPD | IV Disclosure | 15A | Disclosure of unused material |
| CPD | V Evidence | 16A | Evidence by written statement |
| CPD | V Evidence | 16B | Video recorded evidence in chief |
| CPD | V Evidence | 16C | Evidence of audio and video recorded interviews |
| CPD | V Evidence | 17A | Wards of Court and children subject to current Family proceedings |
| CPD | V Evidence | 18A | Measures to assist a witness or defendant to give evidence |
| CPD | V Evidence | 18B | Witnesses giving evidence by live link |
| CPD | V Evidence | 18C | Visually recorded interviews: memory refreshing and watching at a different time from the jury |
| CPD | V Evidence | 18D | Witness anonymity orders |
| CPD | V Evidence | 19A | Expert evidence |
| CPD | V Evidence | 21A | Spent convictions |
| CPD | VI Trial | 24A | Role of the justices' clerk/legal adviser |
| CPD | VI Trial | 26A | Juries: introduction |
| CPD | VI Trial | 26B | Juries: preliminary matters arising before jury service commences |
| CPD | VI Trial | 26C | Juries: eligibility |
| CPD | VI Trial | 26D | Juries: precautionary measures before swearing |
| CPD | VI Trial | 26E | Juries: swearing in jurors |
| CPD | VI Trial | 26F | Juries: ensuring an effective jury panel |
| CPD | VI Trial | 26G | Juries: preliminary instructions to jurors |
| CPD | VI Trial | 26H | Juries: discharge of a juror for personal reasons |
| CPD | VI Trial | 26J | Juries: views |
| CPD | VI Trial | 26K | Juries: directions to jury before retirement |
| CPD | VI Trial | 26L | Juries: jury access to exhibits and evidence in retirement |
| CPD | VI Trial | 26M | Jury Irregularities |
| CPD | VI Trial | 26N | Open justice |
| CPD | VI Trial | 26P | Defendant's right to give or not to give evidence |
| CPD | VI Trial | 26Q | Majority verdicts |
| CPD | VII Sentencing | A | Pleas of guilty in the Crown Court |
| CPD | VII Sentencing | B | Determining the factual basis of sentence |
| CPD | VII Sentencing | C | Indications of sentence: R v Goodyear |
| CPD | VII Sentencing | D | Facts to be stated on pleas of guilty |
| CPD | VII Sentencing | E | Concurrent and consecutive sentences |
| CPD | VII Sentencing | F | Victim Personal Statements |
| CPD | VII Sentencing | G | Families bereaved by homicide and other criminal conduct |
| CPD | VII Sentencing | H | Community Impact Statements |
| CPD | VII Sentencing | I | Impact Statements for Businesses |
| CPD | VII Sentencing | J | Binding over orders and conditional discharges |
| CPD | VII Sentencing | K | Committal for sentence |
| CPD | VII Sentencing | L | Imposition of life sentences |
| CPD | VII Sentencing | M | Mandatory life sentences |
| CPD | VII Sentencing | N | Transitional arrangements for sentences where the offence was committed before 18 December 2003 |
| CPD | VII Sentencing | P | Procedure for announcing the minimum term in open court |
| CPD | VII Sentencing | Q | Financial information required for sentencing |
| CPD | VIII Confiscation | [empty] | |
| CPD | IX Appeal | 34A | Appeals to the Crown Court |
| CPD | IX Appeal | 39A | Appeals against conviction and sentence – the provision of notice to the prosecution |
| CPD | IX Appeal | 39B | Listing of appeals against conviction and sentence in the Court of Appeal Criminal Division (CACD) |
| CPD | IX Appeal | 39C | Appeal notices containing grounds of appeal |
| CPD | IX Appeal | 39D | Respondents' notices |
| CPD | IX Appeal | 39E | Loss of time |
| CPD | IX Appeal | 39F | Skeleton arguments |
| CPD | IX Appeal | 39G | Criminal Appeal Office summaries |
| CPD | IX Appeal | 44A | References to the European Court of Justice |
| CPD | X Costs | [Costs Practice Direction] | |
| CPD | XI Other proceedings | 47A | Investigation orders and warrants |
| CPD | XI Other proceedings | 48A | Contempt in the face of the magistrates' court |
| CPD | XI Other proceedings | 50A | Extradition: General matters |
| CPD | XI Other proceedings | 50B | Management of the Appeal |
| CPD | XI Other proceedings | 50C | Extradition: Representation Orders |
| CPD | XI Other proceedings | 50D | Extradition: Applications |
| CPD | XI Other proceedings | 50E | Extradition: Court Papers |
| CPD | XI Other proceedings | 50F | Extradition: Consequences of non compliance with directions |
| CPD | XII General application | A | Court dress |
| CPD | XII General application | B | Modes of address and titles of judges and magistrates |
| CPD | XII General application | C | Availability of judgments given in the Court of Appeal and the High Court |
| CPD | XII General application | D | Citation of authority and provision of copies of judgments to the Court |
| CPD | XII General application | E | Preparation of judgments: neutral citation |
| CPD | XII General application | F | Citation of Hansard |
| CPD | XIII Listing | A | Judicial responsibility and key principles |
| CPD | XIII Listing | B | Classification |
| CPD | XIII Listing | C | Referral of cases in the Crown Court to the Resident Judge and to the Presiding Judges |
| CPD | XIII Listing | D | Authorisation of Judges |
| CPD | XIII Listing | E | Allocation of business within the Crown Court |
| CPD | XIII Listing | F | Listing of trials, Custody Time Limits and transfer of cases |
| CPD | XIII Listing | G | Listing of hearings other than trials |
| CPD | XIII Listing | Annex 1: General principles for the deployment of the judiciary in the magistrates' court | |
| CPD | XIII Listing | Annex 2: Sexual offences in the youth court | |
| CPD | XIII Listing | Annex 3: Cases involving very large fines in the magistrates' courts | |
| CPD | XIII Listing | Annex 4: Case management of terrorism cases | |
| CPD | XIII Listing | Annex 5: Management of cases from the Organised Crime Division of the Crown Prosecution Service |
CRIMINAL PRACTICE DIRECTIONS 2015 DIVISION I
GENERAL MATTERS
CPD I General matters A
A.1 The Lord Chief Justice has power, including power under section 74 of the Courts Act 2003 and Part 1 of Schedule 2 to the Constitutional Reform Act 2005, to give directions as to the practice and procedure of the criminal courts. The following directions are given accordingly.
A.2 These Practice Directions replace the Criminal Practice Directions given on 7 th October, 2013 [2013] EWCA Crim 1631; [2013] 1 WLR 3164 as amended by the Directions given on (i) 10 th December, 2013 [2013] EWCA Crim 2328; [2014] 1 WLR 35, (ii) 23 rd July, 2014 [2014] EWCA Crim 1569; [2014] 1 WLR 3001, (iii) 18 th March, 2015 [2015] EWCA Crim 430; [2015] 1 WLR 1643 and (iv) 16 th July, 2015 [2015] EWCA Crim 1253; [2015] 1 WLR 3582.
A.3 Annexes D and E to the Consolidated Criminal Practice Direction of 8 th July, 2002, [2002] 1 W.L.R. 2870; [2002] 2 Cr. App. R. 35, as amended, which set out forms for use in connection with the Criminal Procedure Rules, remain in force. See also paragraph I 5A of these...
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