The Criminal Procedure Rules 2005 (‘the Rules’) take effect from 4 April 2005. The Rules apply immediately to all cases, including those that were passing through the courts before this date.
The main aim of the Rules is to consolidate all existing procedural rules into one set of procedures with an accessible structure. The Rules apply to all courts within the criminal jurisdiction. The Rules make some changes, although in general those changes promote effective cooperation in progressing cases rather than alter the way matters already progress.
The overriding objective
The courts and everyone involved in criminal cases will be required to pursue the ‘overriding objective’: to deal with cases justly. The Rules provide the courts with explicit powers to actively manage the preparation of criminal cases waiting to be heard so as to avoid delay and promote certainty. Parties are under an obligation to inform the court and each other at once of any significant failure to take any procedural steps required by the Rules.
The introduction of the overriding objective should not alter the way a case progresses. Instead, it should reinforce the obligations on the parties not to obstruct or delay the preparation of the case, or to take unfair advantage of a procedural mistake by the other party. Under the Rules, everyone involved is made responsible for helping to make the case proceed efficiently.
Case management
In order to further the overriding objective, the courts are given new powers of case management, allowing them to actively manage the preparation of criminal cases. Case management includes the court identifying “real issues” at an early stage; identifying the needs of witnesses; and giving any direction or taking any step to actively manage a case, unless to do so would be inconsistent with particular legislation.
Specific examples of case management could include the court directing that a hearing take place by telephone, or giving a direction without a hearing. The court may require issues to be determined separately and may decide the order in which they are to be addressed. A party can apply to vary a direction.
At the outset of proceedings, all parties must nominate an individual responsible for progressing and managing the case on a day to day basis (the ‘progression officer’) and provide the other parties and the court with his/her name and contact details.
The Rules are referred to in the relevant sections of the Enforcement Guide.
