The service of prosecution evidence in Crown Court proceedings
Produced in partnership with Hannah Thomas of 2 Hare Court
The service of prosecution evidence in Crown Court proceedings

The following Corporate Crime practice note produced in partnership with Hannah Thomas of 2 Hare Court provides comprehensive and up to date legal information covering:

  • The service of prosecution evidence in Crown Court proceedings
  • Time limits
  • Extending the time limits
  • Defence objections
  • Requirements for the form in which evidence is served
  • Further evidence upon which the prosecution wish to rely
  • Unused material

Time limits

Where a defendant appears before a magistrates’ court charged with an indictable-only offence, or an either way offence, and is sent for a Crown Court trial, the prosecution must serve on the defendant and the specified Crown Court officer, copies of documents containing the evidence on which the charge(s) are based:

  1. no later than 70 days after the date the defendant is sent for trial, if the defendant is on bail, or

  2. no later than 50 days after the date the defendant is sent for trial, if the defendant is committed in custody

See Practice Notes: Allocation and sending for trial—sending of cases forthwith to the Crown Court for trial and Allocation and sending—either-way offences not sent forthwith to the Crown Court for trial.

Extending the time limits

At the outset of the case, the prosecutor should assess, in light of the weight and complexity of the case, and resources available, whether 70, (or if appropriate 50), days will be sufficient for service of the evidence.

If more time is required, the prosecutor should seek to gain the agreement of the defence to a suitable extension. If the defence agree, the court may extend the time limit by consent at the preliminary hearing (if there is one). The prosecutor should ensure that full information is available for the court as to the time extension sought.

Considerations include:

  1. time

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