#10388 - Oo And Case Management - BPC Criminal Litigation (formerly BPTC) 2024/2025

Case Management & Criminal Procedure Rules

Overriding Objective

Echoes overriding objective in civil litigation and is intended to be equally important for the conduct of criminal litigation

Overriding Objective – R1.1

(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) acquitting the innocent and convicting the guilty;

(b) dealing with the prosecution and the defence fairly;

(c) recognising 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 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.

Those involved in the conduct of a case must act in accordance with the Rules (and Practice Directions) and inform the court at once of any significant non-compliance.

Court itself must further overriding objective when:

(a) exercising any power given to it by statute,

(b) applying any practice direction, or

(c) interpreting any rule or practice direction

Case Progression Officers

In every case, an individual is appointed as the case progression officer (CPO) to be responsible for progressing the case.

• Prosecution, defence and court must each have a CPO and their contact details must be exchanged.

All parties accountable for the progression of the case.

Case Management Powers

Courts given significant powers to manage cases efficiently and effectively

Principle: Facilitate overriding objective by allowing courts to be active in case management

In actively managing a case, a number of objectives are identified:

• identifying the real issues at an early stage;

• identifying the needs of witnesses at an early stage;

• setting a timetable for the progress of the case, and deciding what must be done, by whom and by when;

• monitoring case progress and compliance with any directions;

• ensuring that evidence is presented in the most succinct and clear way;

• avoiding unnecessary hearings;

• encouraging co-operation;

• using technology.

Appropriate directions are to be given in each case as early as possible and the parties are to actively assist the court, where necessary by applying for directions.

• Applications for directions, representations and any resultant hearings may take place via letters, telephone or electronic communications

• Alternatively, the court may give a direction without a hearing and can specify ‘the consequences’ of failure to comply with a direction

  • ‘where a direction has not been complied with, [the court is to] find out why, identify who was responsible, and take appropriate action’.

  • failure to comply with a rule or direction may lead to changes to a hearing (it may be fixed, postponed, extended or cancelled), a costs order may be made to penalise the defaulting party or ‘the court may impose such other sanction as may be appropriate’.

Directions must be given at every hearing, to enable the case to conclude at the next hearing, if possible, or as soon as is possible after.

Case Progression Forms

Cases which are tried summarily in the Magistrates Court will require completion of a case progression form

• This form, together with its guidance notes, sets out a case progression timetable for effective preparation of the case; it includes a comprehensive set of standard case preparation time limits.

Where a case is committed or sent to Crown Court for trial, initially complete a ‘Magistrates’ Court: Directions’ form and then a plea and case management hearing (PCMH) will be scheduled;

• ‘in order to prepare for a trial in the Crown Court, the [Crown] court must conduct a [PCMH] unless the circumstances make it unnecessary’.

• The PCMH should take place within about 14 weeks after sending the case for trial if the defendant is in custody...