1.4 The Criminal Procedure Rules

Question 1

What is the overriding objective in criminal procedure?

Answer 1

CrimPR 1.1(1)

The overriding objective of this new code is that criminal cases shall be dealt with justly.

Question 2

When in particular must the court further the overriding objective?

Answer 2

CrimPR 1.3
The court must further the overriding objective in particular when—
(a)
exercising any power given to it by legislation (including these Rules);
(b)
applying any practice direction; or
(c)
interpreting any rule or practice direction.

Question 3

Which part of CrimPR provides for case management?

Answer 3

Part 3

Question 4

What is the duty of the court in terms of case management?

Answer 4

CrimPR 3.2 — The duty of the court
(1)
The court must further the overriding objective by actively managing the case.
(2)
Active case management includes—
[examples]

Question 5

What is the duty of the parties in terms of case management?

Answer 5

CrimPR 3.3 — The duty of the parties
(1)
Each party must—
(a) actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a direction; and
(b) apply for a direction if needed to further the overriding objective.
(2)
Active assistance for the purposes of this rule includes—
[examples]

Question 6

What are the court’s case management powers?

Answer 6

CrimPR 3.5.— The court’s case management powers
(1)
In fulfilling its duty under rule 3.2 the court may give any direction and take any step actively to manage a case unless that direction or step would be inconsistent with legislation, including these Rules.
(2)
In particular, the court may—
[examples]

Question 7

Why is the participants’ duty to identify disputed matters important? (CrimPR 3.3(2)(c)(ii))

Answer 7

It furthers the overriding objective by helping to prevent a participant ambushing the other at trial.

Question 8

Which Rule deals with case preparation and progression, including allowing for a case to progress in D’s absence?

Answer 8

CrimPR 3.9

Question 9

Which Rule deals with the conduct of a trial or appeal?

Answer 9

CrimPR 3.11
In order to manage a trial or an appeal, the court—
(a)
[must establish what are the disputed issues]
(b)
[consider setting a timetable]
(c)
[may require a party to set out how it plans to use witness evidence]

Question 10

Which Rule sets out the sanctions available to the court where parties breach its directions (including standard directions)?

Answer 10

CrimPR 3.5(6)

Question 11

What are the primary sanctions available to the court for failure to comply with its directions?

Answer 11

CrimPR 3.5(6)
If a party fails to comply with a rule or a direction, the court may—
(a)
fix, postpone, bring forward, extend, cancel or adjourn a hearing;
(b)
exercise its powers to make a costs order; and
(c)
impose such other sanction as may be appropriate.

Question 12

What further sanctions can be available?

Answer 12

CrimPR 3.5(6) additional notes
Under some other legislation, including Parts 19, 20 and 21 of these Rules, if a party fails to comply with a rule or a direction then in some circumstances—
(a)
the court may refuse to allow that party to introduce evidence;
(b)
evidence that that party wants to introduce may not be admissible;
(c)
the court may draw adverse inferences from the late introduction of an issue or evidence.