Law and Rights
Criminal Procedure Rules (Crim PR) have been with us since 4th April 2005. The latest version is April 2010 with a further amendment in October 2010 - see Ministry of Justice. In August 2010 a revised Preparation for Trial form was issued for use in Magistrates' Courts. Further amendments to the rules take effect on 4th April 2011. It seems that the rules have gradually come into the consciousness of those who administer and practise in the criminal courts. Just what are these rules and how do they apply in Magistrates' Courts?
The rules were introduced to address problems of delay in dealing with cases since delay is costly and adversely affects witnesses and the general administration of justice. Magistrates' Courts are a "summary" jurisdiction and cases ought to be progressed as speedily as possible consistent with the need to ensure a fair trial. The Courts Act 2003 s.69 legislated for the CrimPR and they have to be read in conjunction with other relevant law such as the Criminal Procedure and Investigations Act 1996 (CPIA) and the Consolidated Criminal Practice Direction issued by the Lord Chief Justice. The CPIA Part 1 deals with the thorny topic of "disclosure" and the Act was extensively amended by the Criminal Justice Act 2003 but those amendments only apply where the investigation into the offence commenced on or after 4th April 2005 - ("Older" investigations need not concern us here). The CPIA 1996 Part 1 is applicable in all trials in Magistrates' Courts (both adult and youth) as well as in the Crown Court - (see CPIA 96 s.1)
The CrimPR commence with an "Overriding Objective" - Rule 1 which is to deal with cases "justly" and this is further amplified in the Rules. The court must further the overriding objective by actively managing each case (Rule 3.2). Further, the participants must
actively assist the court to do this without being asked - (Rule 3.3). A participant is anyone involved in any way with a criminal case (Rule1.2). The court is the Judge or Magistrates and in some situations legal advisers to magistrates - (Rule 2.2)
The overriding objective of the code is that cases be dealt with justly. This is amplified in Crim PR - Rule 1. It includes (a) acquitting the innocent and convicting the guilty; (b) dealing with the prosecution and the defence fairly; (c) recongising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights; (d) respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case; (e) dealing with the case efficiently and expeditiously; (f) ensuring that appropriate information is available to the court when bail and sentence are considered; and (g) dealing with the case in way 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. Rule 1 goes on to require each participant to (a) prepare and conduct the case in accordance with the overriding objective; (b) comply with the CrimPR, practice directions and directions made by the court; and (c) to inform the court and all parties at once of any significant failure to take any procedural step required by the the CrimPR, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective. Under CrimPR Rule 1.3 - the court must further the overriding objective in particular when (a) exercising any power given to it by legislation (including the CrimPR themselves); (b) applying any practice direction; or (c) interpreting any rule or practice direction.
On the face of it, the CrimPR set up a strict regime aimed at reducing delay in the Magistrates' Courts and at minimising the number of trials which are ineffective on the day of trial. The rules seek to alter a long standing cultrure and they are appear to be taking some considerable time to become embedded in the system. However, they are beginning to bite and compliance is (or should be) expected. At this time, it is probably too early to make any sensible evaluation of the effectiveness of the rules. It is hoped to look at further aspects of the rules in a later post.
Ministry of Justice - Criminal Procedure Rule Committee - description and membership.
- What Is The Deadline For Filing A Motion For Rehearing Or New Trial Under The Florida Rules Of Civil Procedure?
When you practice law for a long time, you get comfortable with the rules. Many attorneys do not consult their rule books frequently. Some lawyers don't buy a new copy of the Florida Rules of Civil Procedure. When the rules of procedure...
- Modernising The Rules On Unfitness To Plead
The Law Commission wishes to see new rules relating to Unfitness to Plead - a matter that became very topical when Lord Janner was prosecuted in 2015 for alleged sexual offences - (previous post). Janner died in late 2015. Law Commission - ...
- A Salutary Lesson For Litigants - Compliance With Rules Is Seriously Important
Courts of law require procedure for their smooth operation but should failure to follow procedure result in serious sanctions? At one time in our legal history there were numerous "writs" each with its own peculiar process. Naturally, this was a...
- The Start Of The 2013-14 Legal Year
Michaelmas Law term is now under way and will last until 20th December. The legal year began with the traditional Judges' Service and the Lord Chancellor's Breakfast though this is the first time that I can recall when there has been some...
- Reports Coming Thick And Fast: Victims Commissioner: Police Inspectorate
In March 2010, as the general election approached, Louise Casey was appointed Commissioner for Victims and Witnesses by Jack Straw (read). She has produced a short 4 page report which, to be fair, levels valid criticisms at the criminal justice...
Law and Rights
Criminal Procedure Rules in the Magistrates' Courts No.1 - A sea change in due process - Background and Overriding Objective
The rules were introduced to address problems of delay in dealing with cases since delay is costly and adversely affects witnesses and the general administration of justice. Magistrates' Courts are a "summary" jurisdiction and cases ought to be progressed as speedily as possible consistent with the need to ensure a fair trial. The Courts Act 2003 s.69 legislated for the CrimPR and they have to be read in conjunction with other relevant law such as the Criminal Procedure and Investigations Act 1996 (CPIA) and the Consolidated Criminal Practice Direction issued by the Lord Chief Justice. The CPIA Part 1 deals with the thorny topic of "disclosure" and the Act was extensively amended by the Criminal Justice Act 2003 but those amendments only apply where the investigation into the offence commenced on or after 4th April 2005 - ("Older" investigations need not concern us here). The CPIA 1996 Part 1 is applicable in all trials in Magistrates' Courts (both adult and youth) as well as in the Crown Court - (see CPIA 96 s.1)
The CrimPR commence with an "Overriding Objective" - Rule 1 which is to deal with cases "justly" and this is further amplified in the Rules. The court must further the overriding objective by actively managing each case (Rule 3.2). Further, the participants must
actively assist the court to do this without being asked - (Rule 3.3). A participant is anyone involved in any way with a criminal case (Rule1.2). The court is the Judge or Magistrates and in some situations legal advisers to magistrates - (Rule 2.2)
The overriding objective of the code is that cases be dealt with justly. This is amplified in Crim PR - Rule 1. It includes (a) acquitting the innocent and convicting the guilty; (b) dealing with the prosecution and the defence fairly; (c) recongising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights; (d) respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case; (e) dealing with the case efficiently and expeditiously; (f) ensuring that appropriate information is available to the court when bail and sentence are considered; and (g) dealing with the case in way 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. Rule 1 goes on to require each participant to (a) prepare and conduct the case in accordance with the overriding objective; (b) comply with the CrimPR, practice directions and directions made by the court; and (c) to inform the court and all parties at once of any significant failure to take any procedural step required by the the CrimPR, any practice direction or any direction of the court. A failure is significant if it might hinder the court in furthering the overriding objective. Under CrimPR Rule 1.3 - the court must further the overriding objective in particular when (a) exercising any power given to it by legislation (including the CrimPR themselves); (b) applying any practice direction; or (c) interpreting any rule or practice direction.
On the face of it, the CrimPR set up a strict regime aimed at reducing delay in the Magistrates' Courts and at minimising the number of trials which are ineffective on the day of trial. The rules seek to alter a long standing cultrure and they are appear to be taking some considerable time to become embedded in the system. However, they are beginning to bite and compliance is (or should be) expected. At this time, it is probably too early to make any sensible evaluation of the effectiveness of the rules. It is hoped to look at further aspects of the rules in a later post.
Ministry of Justice - Criminal Procedure Rule Committee - description and membership.
- What Is The Deadline For Filing A Motion For Rehearing Or New Trial Under The Florida Rules Of Civil Procedure?
When you practice law for a long time, you get comfortable with the rules. Many attorneys do not consult their rule books frequently. Some lawyers don't buy a new copy of the Florida Rules of Civil Procedure. When the rules of procedure...
- Modernising The Rules On Unfitness To Plead
The Law Commission wishes to see new rules relating to Unfitness to Plead - a matter that became very topical when Lord Janner was prosecuted in 2015 for alleged sexual offences - (previous post). Janner died in late 2015. Law Commission - ...
- A Salutary Lesson For Litigants - Compliance With Rules Is Seriously Important
Courts of law require procedure for their smooth operation but should failure to follow procedure result in serious sanctions? At one time in our legal history there were numerous "writs" each with its own peculiar process. Naturally, this was a...
- The Start Of The 2013-14 Legal Year
Michaelmas Law term is now under way and will last until 20th December. The legal year began with the traditional Judges' Service and the Lord Chancellor's Breakfast though this is the first time that I can recall when there has been some...
- Reports Coming Thick And Fast: Victims Commissioner: Police Inspectorate
In March 2010, as the general election approached, Louise Casey was appointed Commissioner for Victims and Witnesses by Jack Straw (read). She has produced a short 4 page report which, to be fair, levels valid criticisms at the criminal justice...