The Criminal Procedure Rules 2005
| Jurisdiction | UK Non-devolved |
2005 No. 384 (L.4)
SUPREME COURT OF ENGLAND AND WALES
MAGISTRATES' COURTS, ENGLAND AND WALES
The Criminal Procedure Rules 2005
Made 18th February 2005
Laid before Parliament 4th March 2005
Coming into force 4th April 2005
The Criminal Procedure Rule Committee, having power under section 69 of the Courts Act 20031, make the following rules which may be cited as the Criminal Procedure Rules 2005:
PART 1
THE OVERRIDING OBJECTIVE
Contents of this Part
The overriding objective |
rule 1.1 |
The duty of the participants in a criminal case |
rule 1.2 |
The application by the court of the overriding objective |
rule 1.3 |
The overriding objective
1.1.—(1) The overriding objective of this new code is that criminal cases be dealt with justly.
(2) Dealing with a criminal case justly includes—
(a)
(a) acquitting the innocent and convicting the guilty;
(b)
(b) dealing with the prosecution and the defence fairly;
(c)
(c) recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights;
(d)
(d) respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case;
(e)
(e) dealing with the case efficiently and expeditiously;
(f)
(f) ensuring that appropriate information is available to the court when bail and sentence are considered; and
(g)
(g) dealing with the case in ways that take into account—
(i) the gravity of the offence alleged,
(ii) the complexity of what is in issue,
(iii) the severity of the consequences for the defendant and others affected, and
(iv) the needs of other cases.
The duty of the participants in a criminal case
1.2.—(1) Each participant, in the conduct of each case, must—
(a)
(a) prepare and conduct the case in accordance with the overriding objective;
(b)
(b) comply with these Rules, practice directions and directions made by the court; and
(c)
(c) at once inform the court and all parties of any significant failure (whether or not that participant is responsible for that failure) to take any procedural step required by these Rules, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective.
(2) Anyone involved in any way with a criminal case is a participant in its conduct for the purposes of this rule.
The application by the court of the overriding objective
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.
PART 2
UNDERSTANDING AND APPLYING THE RULES
Contents of this Part
When the Rules apply |
rule 2.1 |
Definitions |
rule 2.2 |
References to Acts of Parliament and to Statutory Instruments |
rule 2.3 |
The glossary |
rule 2.4 |
When the Rules apply
2.1.—(1) In general, the Criminal Procedure Rules apply—
(a)
(a) in all criminal cases in magistrates' courts and in the Crown Court; and
(b)
(b) in all cases in the criminal division of the Court of Appeal.
(2) If a rule applies only in one or two of those courts, the rule makes that clear.
(3) The Rules apply on and after 4th April, 2005, but do not affect any right or duty existing under the rules of court revoked by the coming into force of these Rules.
[Note. The rules replaced by these Rules are revoked when these Rules come into force by provisions of the Courts Act 20032,the Courts Act 2003 (Commencement No. 6 and Savings) Order 20043and the Courts Act 2003 (Consequential Amendments) Order 20044.These Rules reproduce the substance of all the rules they replace.]
Definitions
2.2.—(1) In these Rules, unless the context makes it clear that something different is meant:
“court” means a tribunal with jurisdiction over criminal cases. It includes a judge, recorder, District Judge (Magistrates' Court's), lay justice and, when exercising their judicial powers, the Registrar of Criminal Appeals, a justices' clerk or assistant clerk;
“court officer” means the appropriate member of the staff of a court; and
“Practice Direction” means the Lord Chief Justice’s Consolidated Criminal Practice Direction, as amended.
(2) Definitions of some other expressions are in the rules in which they apply.
References to Acts of Parliament and to Statutory Instruments
2.3. In these Rules, where a rule refers to an Act of Parliament or to subordinate legislation by title and year, subsequent references to that Act or to that legislation in the rule are shortened: so, for example, after a reference to the Criminal Procedure and Investigations Act 19965that Act is called “the 1996 Act”; and after a reference to the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 19976those Regulations are called “the 1997 Regulations”.
The glossary
2.4. The glossary at the end of the Rules is a guide to the meaning of certain legal expressions used in them.
PART 3
CASE MANAGEMENT
Contents of this Part
The scope of this Part |
rule 3.1 |
The duty of the court |
rule 3.2 |
The duty of the parties |
rule 3.3 |
Case progression officers and their duties |
rule 3.4 |
The court’s case management powers |
rule 3.5 |
Application to vary a direction |
rule 3.6 |
Agreement to vary a time limit fixed by a direction |
rule 3.7 |
Case preparation and progression |
rule 3.8 |
Readiness for trial or appeal |
rule 3.9 |
Conduct of a trial or an appeal |
rule 3.10 |
Case management forms and records |
rule 3.11 |
The scope of this Part
3.1. This Part applies to the management of each case in a magistrates' court and in the Crown Court (including an appeal to the Crown Court) until the conclusion of that case.
[Note. Rules that apply to procedure in the Court of Appeal are in Parts 65 to 73 of these Rules.]
The duty of the court
3.2.—(1) The court must further the overriding objective by actively managing the case.
(2) Active case management includes—
(a)
(a) the early identification of the real issues;
(b)
(b) the early identification of the needs of witnesses;
(c)
(c) achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the progress of the case;
(d)
(d) monitoring the progress of the case and compliance with directions;
(e)
(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;
(f)
(f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings;
(g)
(g) encouraging the participants to co-operate in the progression of the case; and
(h)
(h) making use of technology.
(3) The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.
The duty of the parties
3.3. 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.
Case progression officers and their duties
3.4.—(1) At the beginning of the case each party must, unless the court otherwise directs—
(a)
(a) nominate an individual responsible for progressing that case; and
(b)
(b) tell other parties and the court who he is and how to contact him.
(2) In fulfilling its duty under rule 3.2, the court must where appropriate—
(a)
(a) nominate a court officer responsible for progressing the case; and
(b)
(b) make sure the parties know who he is and how to contact him.
(3) In this Part a person nominated under this rule is called a case progression officer.
(4) A case progression officer must—
(a)
(a) monitor compliance with directions;
(b)
(b) make sure that the court is kept informed of events that may affect the progress of that case;
(c)
(c) make sure that he can be contacted promptly about the case during ordinary business hours;
(d)
(d) act promptly and reasonably in response to communications about the case; and
(e)
(e) if he will be unavailable, appoint a substitute to fulfil his duties and inform the other case progression officers.
The court’s case management powers
3.5.—(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—
(a)
(a) nominate a judge, magistrate, justices' clerk or assistant to a justices' clerk to manage the case;
(b)
(b) give a direction on its own initiative or on application by a party;
(c)
(c) ask or allow a party to propose a direction;
(d)
(d) for the purpose of giving directions, receive applications and representations by letter, by telephone or by any other means of electronic communication, and conduct a hearing by such means;
(e)
(e) give a direction without a hearing;
(f)
(f) fix, postpone, bring forward, extend or cancel a hearing;
(g)
(g) shorten or extend (even after it has expired) a time limit fixed by a direction;
(h)
(h) require that issues in the case should be determined separately, and decide in what order they will be determined; and
(i)
(i) specify the consequences of failing to comply with a direction.
(3) A magistrates' court may give a direction that will apply in the Crown Court if the case is to continue there.
(4) The Crown Court may give a direction that will apply in a magistrates' court if the case is to continue there.
(5) Any power to give a direction under this Part includes a power...
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