THE CRIMINAL PROCURE RULES 2020 (AS AMENDED) AND THE CRIMINAL PRACTICE DIRECTIONS EXPLORED AND EXAMINED

 

Do you feel a little guilty sometimes that your knowledge of the Rules and the Directions is not what it should be. We all have good intentions but the Rules and the Directions are somewhat daunting documents and we console ourselves with the fact that we just haven’t got the time…………!

I’m sure you would agree with me that criminal practitioners traditionally have been very loath to visit the Rules and the Directions.

The purpose of this presentation is to give you a ‘working knowledge’ of the Rules and the Directions such that you feel more confident about them.

You know you’re having a bad day when the Crown Court Judge or the District Judge starts quoting the Rules at you and you have no response

This 60-minute ZOOM presentation will increase your knowledge tenfold.

The following 25 Questions will be answered:

1 – What is the interrelationship between the Criminal Procedure Rules and the Criminal Practice Directions?

2 – Which Rule deals with re-openings in the Magistrates’ Court and Statutory Declarations in the Magistrates’ Court? – The Rule appearing in the Criminal Procedure Rules 2020 – it was not in the Criminal Procedure Rules 2015

3 – What do the Criminal Practice Directions say is the duty of the legal adviser before the commencement of any trial in the Magistrates’ Court?

4 – Is it possible for the Crown prosecutor to discontinue the proceedings in the Magistrates’ Court on the very day of the trial?

5 – What did the Court of Appeal mean when they said in the case of R v Smith [2020] EWCA Crim 777 that the Criminal Procedure Rules are not decorative?

6 – What is the relationship between the Criminal Procedure Rules and Primary Legislation – Acts of Parliament?

7 – Which Rule deals with starting a prosecution in the Magistrates’ Court and what does it say about time limitations when dealing with summary-only offences?

8 – Which Rule deals with the service of process (information’s, single justice procedure notices, requisitions, adjournment notices etc) and what are the presumptions as regards service?

9 – What do the Criminal Practice Directions say about medical certificates and what is the view of the High Court where a medical certificate is not in strict compliance with the terms of the Practice Directions?

10 – Within what period of time should the prosecution serve any hearsay notice upon the defence?

11 – Within what period of time should the defence respond to any such notice served upon them by the prosecution?

12 – What is the ‘trigger’ whereby the prosecution are under a duty to comply with Initial Details of the Prosecution Case (IDPC)?

13 – The same question as above, but this time in relation to the disclosure of unused material in both the Magistrates’ Court and the Crown Court? – Rule 15

14 – The same question as above, but this time in relation to the provision of evidence in both the Magistrates’ Court and the Crown Court?

15 – Which Rule deals with costs and what does it say about ‘wasted costs against a party to the proceedings’ and ‘wasted costs against a defendant in the proceedings’?

16 – What was the ‘sea change’ brought about by the Criminal Procedure Rules 2005? – The change has been with us ever since

17 – Is it considered to be ‘Within the spirit of the Criminal Procedure Rules’ to put the prosecution to the proof of its case? – Some interesting case-law in this area.

18 – Is it considered to be ‘Within the spirit of the Criminal Procedure Rules’ to make a submission of no case to answer at half-time without having earlier brought to the attention of the prosecution the basis of that submission?

19 – Which Rule concerns experts and what led to substantial revisions of the Rule?

20 – Which Rule deals with trials in the Magistrates’ Court and what does it say about the test on a half-time submission of no case to answer?

21 – Which Rule deals with appeals to the Crown Court and what does it say in relation to defendants who want to appeal against their conviction but are both convicted and committed for sentence?

22 – To which Courts do the Rules apply – The Magistrates’ Court? – The Crown Court? – The Court of Appeal – The Divisional Court of the High Court?

23 – Can defendants be sent to prison in their absence on the occasion of their conviction? – What do the Rules say?

24 – Can defendants be disqualified in their absence on the occasion of their conviction? – What do the Rules say?

25 – How much notice needs to be provided where there is an application to the Court for variation of pre-charge bail conditions?