The Criminal Procedure Rules 2010

Case management forms and records

3.11.—(1) The case management forms set out in the Practice Direction must be used, and where there is no form then no specific formality is required.

(2) The court must make available to the parties a record of directions given.

[Note. Case management may be affected by the following other rules and legislation:

Criminal Procedure Rules

• Parts 10.4 and 27.4: reminders of right to object to written evidence being read at trial

• Part 12.2: time for first appearance of accused sent for trial

• Part 13: dismissal of charges transferred or sent to the Crown Court

• Part 14: the indictment

• Part 15: preparatory hearings in serious fraud and other complex, serious or lengthy cases in the Crown Court

• Part 21: initial details of the prosecution case

• Part 22: disclosure

• Parts 27 – 36: the rules that deal with evidence

• Part 37: trial and sentence in a magistrates’ court

• Part 39: trial on indictment

• Regulations

• The Prosecution of Offences (Custody Time Limits) Regulations 1987(1)

• The Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988(2)

• The Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992(3)

• The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997(4)

• The Crime and Disorder Act 1998 (Service of Prosecution Evidence) Regulations 2005(5)

• Provisions of Acts of Parliament

• Sections 5, 10 and 18, Magistrates’ Courts Act 1980(6): powers to adjourn hearings

• Sections 128 and 129, Magistrates’ Courts Act 1980(7): remand in custody by magistrates’ courts

• Part 1, Criminal Procedure and Investigations Act 1996(8): disclosure

• Schedule 2, Criminal Procedure and Investigations Act 1996(9): use of witness statements at trial

• Section 2, Administration of Justice (Miscellaneous Provisions) Act 1933(10): procedural conditions for trial in the Crown Court

• Section 6, Magistrates’ Courts Act 1980(11): committal for trial

• Section 4, Criminal Justice Act 1987(12); section 53, Criminal Justice Act 1991(13); section 51 and (so far as it is in force) section 51A, Crime and Disorder Act 1998(14): other procedures by which a case reaches the Crown Court

• Section 7, Criminal Justice Act 1987(15); Parts III and IV, Criminal Procedure and Investigations Act 1996: pre-trial and preparatory hearings in the Crown Court

• Section 9, Criminal Justice Act 1967(16): proof by written witness statement.]

(1)

S.I. 1987/299.

(2)

S.I. 1988/1691.

(3)

S.I. 1992/1670, amended by S.I. 1998/461.

(4)

S.I. 1997/684.

(5)

S.I. 2005/902.

(6)

1980 c. 43; section 5 was amended by section 59 of, and paragraph 1(a) of Schedule 9 to, the Criminal Justice Act 1982 (c. 48) and is repealed by paragraph 51 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed. Section 10 was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53) and section 47 of the Crime and Disorder Act 1998 (c. 37). Section 18 was amended by section 59 of, and paragraph 1 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 68 of, and paragraph 6 of Schedule 8 to, the Criminal Justice Act 1991 (c. 53) and section 49 of the Criminal Procedure and Investigations Act 1996 (c. 25), and is further amended by paragraphs 1 and 4 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

(7)

1980 c. 43; section 128 was amended by section 59 to, and paragraphs 2, 3 and 4 of Schedule 9 to, the Criminal Justice Act 1982 (c. 48), section 48 of the Police and Criminal Evidence Act 1984 (c. 60), section 170(1) of, and paragraphs 65 and 69 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 (c. 41), sections 49, 52 and 80 of, and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25) and paragraph 75 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and is further amended by paragraph 51 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed. Section 129 is amended by paragraph 51 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

(8)

1996 c. 25.

(9)

1996 c. 25; Schedule 2 was amended by section 109(1) of, and paragraph 380 of Schedule 8 to, the Courts Act 2003 (c. 39) and is repealed by paragraph 66 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

(10)

1933 c. 36; section 2 was amended by Part IV of Schedule 11 to, the Courts Act 1971 (c. 23), Schedule 5 to, the Supreme Court Act 1981 (c. 54), Schedule 2 to, the Prosecution of Offences Act 1985 (c. 23), paragraph 1 of Schedule 2 to, the Criminal Justice Act 1987 (c. 38), paragraph 10 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), paragraph 8 of Schedule 6 to the Criminal Justice Act 1991 (c. 53), Schedule 1 to the Statute Law (Repeals) Act 1993, paragraph 17 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25), paragraph 5 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37), paragraph 34 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44) and paragraph 1 of the Schedule to, S.I. 2004/2035.

(11)

1980 c. 43; section 6 was amended by section 170(1) of, and paragraphs 65 and 66 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), section 68 of, and paragraph 6(1)(a) of Schedule 8 to, the Criminal Justice Act 1991 (c. 53), paragraph 4 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25), paragraphs 95 and 96 of Schedule 13 to the Access to Justice Act 1999 (c. 22) and section 109(1) of, and paragraph 202 of Schedule 8 to, the Courts Act 2003 (c. 39), and is repealed by paragraph 51 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

(12)

1987 c. 38; section 4 was amended by section 144 of the Criminal Justice Act 1988 (c. 33), section 45 of, and paragraph 22 of Schedule 5 to, the Legal Aid Act 1988 (c. 34), paragraph 29 of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 65 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37) and paragraphs 38 and 39 of Schedule 4 to the Access to Justice Act 1999 (c. 22). It is repealed by paragraph 58 of Schedule 3 and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

(13)

1991 c. 53; section 53 was amended by paragraph 49 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33), paragraph 93 of Schedule 8 to, the Crime and Disorder Act 1998 (c. 37) and paragraph 47 of Schedule 4 to, the Access to Justice Act 1999 (c. 22). It is repealed by section 332 of, and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.

(14)

1998 c. 37; section 51 is substituted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed and that amendment is in force for certain purposes; S.I. 2005/950. It was amended by paragraph 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4). Section 51A was inserted by paragraphs 15 and 18 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) for certain purposes, and will be inserted for remaining purposes with effect from a date to be appointed. It was amended by section 49 of, and paragraph 5 of Schedule 1 to, the Violent Crime Reduction Act 2006 (c. 38).

(15)

1987 c. 38; section 7 was amended by section 168(1) of, and paragraph 30 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33) and section 80 of, and paragraph 2 of Schedule 3 and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25). It has been further amended by sections 45 and 310 of, and paragraphs 52 and 53 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), for certain purposes, with effect from 24 July 2006, and for remaining purposes from a date to be appointed.

(16)

1967 c. 80; section 9 was amended by section 56 of and paragraph 49 of Schedule 8 to, the Courts Act 1971 (c. 23), section 69 of the Criminal Procedure and Investigations Act 1996 (c. 25), section 168 of, and paragraph 6 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33) and regulation 9 of, and paragraph 4 of Schedule 5 to S.I. 2001/1090. It is amended by section 72 of, and paragraph 55 of Schedule 5 to, the Children and Young Persons Act 1969 (c. 54), section 65, and paragraph 1 of Schedule 4 to, the Courts Act 2003 (c. 39) and sections 41 and 332 of, and paragraph 43 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), with effect from a date to be appointed.