Non-compliance with the Criminal Procedure Rules
Non-compliance with the Criminal Procedure Rules

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Non-compliance with the Criminal Procedure Rules
  • Consequences of non-compliance
  • Failure to comply with time limits
  • Failure to identify issues in the case

The Criminal Practice Directions (CPD) (as amended), at CPD I The overriding objective 1A.3 states:

‘The Criminal Procedure Rules and the Criminal Practice Directions are the law. Together they provide a code of current practice that is binding on the courts to which they are directed, and which promotes the consistent administration of justice. Participants must comply with the Rules and Practice Direction, and directions made by the court, and so it is the responsibility of the courts and those who participate in cases to be familiar with, and to ensure that these provisions are complied with.’

This encapsulates the status of the Criminal Procedure Rules 2020 (CrimPR), SI 2020/759 and CPD and reminds those appearing in the criminal courts of the importance in adherence to the rules and practice directions.

The CrimPR impose a duty on the participants in a criminal case to:

  1. prepare and conduct cases in accordance with the overriding objective

  2. comply with the rules, practice directions and the directions made by the court, and

  3. inform the court and all parties at once of any significant failure to comply with a procedural requirement of the rules, any practice direction or any direction of the court. Failures of all parties should be notified, so if one party (P) is aware that the other (D) has failed to comply with a significant deadline, P is under duty to notify

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