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Case management in the magistrates’ court—checklist

Case management in the magistrates’ court—checklist This Checklist should be read in conjunction with Practice Note: Case management in the magistrates’ courts. Prior to getting to court Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these cases, the Initial Details of the Prosecution Case (IDPC) and other case material will be served and accessed online through Common Platform. Case progression, including completing the Preparation for Effective Trial form (PET form) and serving any applications, will also be conducted through Common Platform. For more information, see Practice Note: How to use Common Platform and the Digital Case System. Requesting the Initial Details of the Prosecution Case • defence advocates should obtain the Initial Details of the Prosecution Case (IDPC) by emailing, telephoning or writing to the relevant contact at the Crown Prosecution Service (CPS). The contact details are published on the website for the relevant district of the CPS. The following information is usually required for IDPC requests: ◦...

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Case management in the magistrates’ courts

Case management in the magistrates’ courts The overriding objective Pursuant to the overriding objective, courts are required to actively manage cases in order to ensure that they are dealt with justly in an efficient and expeditious manner. In practice, this means that the courts must effectively manage each case. Moreover, the prosecution and defence also need to actively assist the court to ensure that their case is being dealt with as efficiently as possible. Case management in the magistrates’ court Case management in the magistrates’ court is governed by Part 3 of the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759 together with the Criminal Practice Directions. Criminal lawyers should also ensure they are familiar with the requirements of the Better Case Management Handbook and the Transforming Summary Justice (TSJ) Renewal Programme. Together, CrimPR 2020, SI 2020/759 and the Criminal Practice Directions are the law which provide a code of current practice that is binding on the courts to which they are directed, and which promotes the consistent...

Disclosure in the magistrates’ court

Disclosure in the magistrates’ court Prosecution disclosure is fundamental in an adversarial criminal justice system where the power to investigate lies with the police and other enforcement bodies. The regime for disclosure in England and Wales is contained in the Criminal Procedure and Investigations Act 1996 (CPIA 1996) with relevant procedural requirements set out in Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759 and the Criminal Practice Directions. The legislative regime has been supplemented by disclosure guidelines, including the Attorney General's Guidelines on Disclosure, the CPIA 1996 Code of Practice, and by protocols from the judiciary such as the Better Case Management Revival Handbook and the Control and management of heavy fraud and other complex criminal cases. Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these cases, the Initial Details of the Prosecution Case (IDPC) and other case material will be served and accessed online through Common Platform. Case progression, including completing the Preparation for Effective Trial...

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In criminal proceedings, what information must the prosecution disclose before the defendant has to enter a plea (in the magistrates court/crown court) and what can you do if the prosecution provide inadequate disclosure?

In criminal proceedings, what information must the prosecution disclose before the defendant has to enter a plea (in the magistrates court/crown court) and what can you do if the prosecution provide inadequate disclosure? Service of initial details of the prosecution case The Criminal Procedure Rules 2020, SI 2020/759, part 8 (CrimPR), applies in any case (r. 8.1(1)). Rule 8.2(1)(a) requires the prosecutor, as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing), to provide to the court 'initial details' of the prosecution case. These initial details of the prosecution case do not have to be supplied automatically to the accused; rather, r. 8.2(2) provides that, if the accused requests the initial details, the prosecutor has to serve them as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing); if the accused does not request those details, the prosecutor must make them available to the accused at, or...

Can affidavits and digital evidence from civil proceedings be used in criminal proceedings? If so, under what legislation/rules?

Can affidavits and digital evidence from civil proceedings be used in criminal proceedings? If so, under what legislation/rules? The collateral purpose rule A party to whom a document has been disclosed may generally only use that document for the purpose of the proceedings in which it was disclosed unless or until: • the document has been read to or by the court, or referred to, at a hearing, which has been held in public (CPR 31.22(1)(a)) • the court gives permission (CPR 31.22(1)(b)), or • the party who disclosed the document and the person to whom the document belongs agree (CPR 31.22(1)(c)) This is often referred to as the ‘collateral purpose rule’. Documents read or referred to by the court A disclosed document which has been read to or by the court, or has been referred to at a public hearing may be used for purposes other than the proceedings in which they were disclosed (CPR 31.22(1)(a)). This rule is underpinned by the general principle of open justice in the...

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Corporate Crime weekly highlights—15 June 2023

This week's edition of Corporate Crime weekly highlights includes analysis of upcoming amendments to the Economic Crime and Corporate Transparency Bill that will provide judges greater powers to dismiss Strategic Lawsuits Against Public Participation (SLAPPs), what the new UK 'failure to prevent fraud' corporate criminal offence means for financial services firms and five evolving US white collar enforcement trends to watch. Also included is news that the Food Safety Agency (FSA) published an updated version of the Food Law Code of Practice, of a new prosecution commenced by the Financial Conduct Authority (FCA) and of two successful prosecutions brought by the Insolvency Service. All this, and more, in this week’s Corporate Crime highlights.