Andrew Keogh looks at exciting times ahead for the criminal justice system as the new Criminal Procedure Rules are rolled out to provide a solid framework for the management of cases

The Criminal Procedure Rules (CrPR) came into force on 4 April 2005. The rules have two key objectives, first to consolidate existing rules and secondly, to provide a framework for the management of criminal cases through the courts.


However, it is regrettable that the CrPR are not freestanding, and still must be supplemented from rules in criminal practice directions and protocols (the first of which was handed down by the Lord Chief Justice in March 2005). Time will tell whether or not the objectives have been achieved, but what is certain is that there is a quiet revolution sweeping through the criminal courts that practitioners ignore at their peril.


The rules bring together hundreds of statutory instruments that deal with all manner of criminal procedure, but that are largely to do with the management of applications to the court. For example, part 13 deals with applications to dismiss in the Crown Court. The importance of consolidation is not merely for administrative convenience, and given the culture change that is now taking place, it is essential that all parties are able to readily access the materials. It will (with some regret) provide a degree of ammunition to those parties (and that includes defence) who will now practice defensive litigation and heap blame on others, supported by ready reference to the source materials.


At this stage, the criminal rules committee has had to settle for drawing together existing legislation (and they are to be congratulated on the same), but future editions promise more consistent language and less verbose wording.




Overriding objective


CrPR 1.1 states: 'The overriding objective of this new code is that criminal cases be dealt with justly.' Rule 1.2 states that all parties must prepare cases in accordance with this overriding objective. The rule is intentionally vague in relation to quite how this is to be achieved, but it comes down to common sense and proactive case management. Practitioners will be expected, at all stages, to have anticipated the issues in a case and taken such steps as are reasonable to resolve them.


It will no longer be acceptable to apply for an adjournment for a medical report on fitness to plead at a late stage in the case, if the need for such a report could properly have been identified earlier. Those conducting litigation in a slipshod manner can expect to be dealt with by way of wasted costs, and even professional conduct sanctions.


A novel development is the duty under CrPR 3.4 to nominate a case progression officer in each matter. It is clear that this person will be accountable to the court if things go wrong, and it is accordingly necessary for all firms to have in place robust systems to record and monitor court orders.


In the past, court orders were rarely recorded and never chased up, something that will not be allowed to happen under the new rules. Court case progression officers will monitor orders made and report breaches to the court for action to be taken. It is also the duty of each case progression officer to report any serious default of other parties in the case.


However, there are some grey areas; for example, it remains questionable whether courts should be allowed to make orders for the service of defence case statements (given that it is optional), or to what extent practitioners should be expected to report default on the part of defendants to the court.


Forms dealing with the various applications are now available in one place, as are case management forms. Not only will magistrates' courts deal with cases falling under their jurisdiction for trial, but also with cases sent or committed for trial. The aim is to frontload preparation of cases, supported by robust orders.




Crown Court cases


Preliminary hearings will now be rare in the Crown Court and only ordered by the magistrates' court or by the Crown Court where such a hearing is considered necessary.


The main hearing for all Crown Court cases will be a plea and case management hearing (PCMH). In Preston and Nottingham Crown Courts, and the Central Criminal Courts, a new PCMH form will be used for those hearings.


Although PCMHs will take place in all other court centres, the new form will not be mandatory and should not be used without the consent of all relevant parties to the criminal justice system. PCMHs will be lengthy hearings, designed to deal decisively with all outstanding issues needed to prepare a case for trial or sentence. As such, it is expected that most of the work on the case will already have been completed, and that the hearing will take some time to conduct. Wherever possible, the trial advocate should be present at that hearing. The fee remains a derisory £100.


The Lord Chief Justice handed down a protocol on 22 March 2005 to deal with large and complex cases, with an overall aim to reduce the length of such cases wherever possible. While the protocol does not prohibit very lengthy trials, it is to be hoped in future that such trials will not exceed six months in length. To achieve the aims of this protocol, it will be necessary to ensure that judges are allocated to such cases at the earliest possible hearing, and stay with the case throughout.


That these changes came into force on 4 April 2005 was unfortunate, as that date will forever be remembered as a black mark on the criminal calendar, coinciding as it did with a raft of other criminal justice measures. The changes are both necessary and overdue, but it remains essential that lawyers are not seen merely as a political tool to achieve policy aims, but instead as interested and equal partners in what is a most exciting time for criminal justice.


Andrew Keogh is a partner with Manchester and London law firm Tuckers, a duty solicitor, higher court advocate and he is on the committee of the Criminal Law Solicitors Association. He is the editor of Criminal Procedure Rules 2005: Case Management Resources, published by Law Society Publishing earlier this month, which can be ordered direct from Marston Book Services, tel: 01235 465 656