The Criminal Procedure Rules 2020

The court’s case management powers E+W

3.5.—(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―

(a) nominate a judge, magistrate or justices’ legal adviser to manage the case;

(b) give a direction on its own initiative or on application by a party;

(c) ask or allow a party to propose a direction;

[F1 (d) receive applications, notices, representations and information by letter, by live link, by email or by any other means of electronic communication, and conduct a hearing by live link or other such electronic means;]

(e) give a direction―

(i) at a hearing, in public or in private, or

(ii) without a hearing;

(f) fix, postpone, bring forward, extend, cancel or adjourn a hearing;

(g) shorten or extend (even after it has expired) a time limit fixed by a direction;

(h) require that issues in the case should be―

(i) identified in writing,

(ii) determined separately, and decide in what order they will be determined; F2 ...

(i) specify the consequences of failing to comply with a direction;

[F3 (j) request information from a court dealing with family proceedings by―

(i) making the request itself, or

(ii) directing the court officer or a party to make the request on the criminal court’s behalf; and

(k) supply information to a court dealing with family proceedings as if [F4 a request] had been made under rule 5.8(7) [F5 (Request for information about a case)] by―

(i) supplying the information itself, or

(ii) directing the court officer or a party to supply that information on the criminal court’s behalf.]

(3) A magistrates’ court may give a direction that will apply in the Crown Court if the case is to continue there.

(4) The Crown Court may give a direction that will apply in a magistrates’ court if the case is to continue there.

(5) Any power to give a direction under this Part includes a power to vary or revoke that direction.

(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.

[F6 (7) In deciding whether to postpone, cancel or adjourn a hearing the court must take into account—

(a) the likelihood that delay would be contrary to the court’s duty under rule 1.3 (The application by the court of the overriding objective);

(b) the court’s duty under rule 3.8 (Case preparation and progression);

(c) the availability of a substitute hearing date;

(d) the need for compelling reasons, and especially where an application to postpone, cancel or adjourn is made at or shortly before the hearing;

(e) the nature and gravity of any failure to comply with a rule or direction, or to take some other step, where that failure prompts the proposed postponement, cancellation or adjournment; and

(f) the evidence of unfitness to attend, where a participant’s ill-health prompts the proposed postponement, cancellation or adjournment, and in particular the extent to which any medical certificate satisfactorily—

(i) identifies the date of the participant’s examination,

(ii) describes the participant’s injury, illness or condition, the activity or activities which that ill-health impedes and the likely duration of that impediment, and

(iii) explains how that ill-health renders the participant unfit to attend the hearing.]

[Note. Depending upon the nature of a case and the stage that it has reached, its progress may be affected by other Criminal Procedure Rules and by other legislation. The note at the end of this Part lists other rules and legislation that may apply.

See also rule 3.8 (Case preparation and progression).

[F7 The court may require expert evidence in support of an application to postpone, cancel or adjourn a hearing by reason of ill-health, in particular from the medical practitioner who provided a certificate in support of the application. See also Part 19 (Expert evidence).]

The court may make a costs order under—

(a) section 19 of the Prosecution of Offences Act 1985(1), where the court decides that one party to criminal proceedings has incurred costs as a result of an unnecessary or improper act or omission by, or on behalf of, another party;

(b) section 19A of that Act(2), where the court decides that a party has incurred costs as a result of an improper, unreasonable or negligent act or omission on the part of a legal representative;

(c) section 19B of that Act(3), where the court decides that there has been serious misconduct by a person who is not a party.

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.

See also—

(a) section 81(1) of the Police and Criminal Evidence Act 1984(4) and section 20(3) of the Criminal Procedure and Investigations Act 1996(5) (advance disclosure of expert evidence);

(b) section 11(5) of the Criminal Procedure and Investigations Act 1996(6) (faults in disclosure by accused);

(c) section 132(5) of the Criminal Justice Act 2003(7) (failure to give notice of hearsay evidence).]

Textual Amendments

F1 Rule 3.5(2)(d) substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(b), 5(d)

F2 Word in rule 3.5(2)(h) omitted (5.4.2021) by virtue of The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(a), 6(b)(i)

F3 Rule 3.5(2)(j)(k) inserted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(a), 6(b)(ii)

F4 Words in rule 3.5(2)(k) substituted (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 4(b)(i)

F5 Words in rule 3.5(2)(k) substituted (4.10.2021) by The Criminal Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/849), rules 1, 4(b)(ii)

F6 Rule 3.5(7) inserted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 4(b)(i)

F7 Words in rule 3.5 Note inserted (2.10.2023) by The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rules 1, 4(b)(ii)

Commencement Information

I1 Rule 3.5 in force at 5.10.2020, see Preamble

(1)

1985 c. 23; section 19 was amended by section 166 of the Criminal Justice Act 1988 (c. 33), section 45 of, and Schedule 6 to, the Legal Aid Act 1988 (c. 34), section 7 of, and paragraph 8 of Schedule 3 to, the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25), section 24 of, and paragraphs 27 and 28 of Schedule 4 to, the Access to Justice Act 1999 (c. 22), sections 40 and 67 of, and paragraph 4 of Schedule 7 to, the Youth Justice and Criminal Evidence Act 1999 (c. 23), section 165 of, and paragraph 99 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 378 of, and paragraph 107 of Schedule 16 to, the Armed Forces Act 2006 (c. 52), section 6 of, and paragraph 32 of Schedule 4 and paragraphs 1 and 5 of Schedule 27 to, the Criminal Justice and Immigration Act 2008 (c. 4) and paragraphs 22 and 23 of Schedule 5, and paragraphs 1 and 5 and Part 4 of Schedule 7, to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).

(2)

1985 c. 23; section 19A was inserted by section 111 of the Courts and Legal Services Act 1990 (c. 41).

(3)

1985 c. 23; section 19B was inserted by section 93 of the Courts Act 2003 (c. 39).

(4)

1984 c. 60; section 81(1) was amended by section 109(1) of, and paragraph 286 of Schedule 8 to, the Courts Act 2003 (c.39).

(5)

1996 c. 25; section 20(3) was amended by section 109(1) of, and paragraph 378 of Schedule 8 to, the Courts Act 2003 (c.39).

(6)

1996 c. 25; section 11 was substituted by section 39 of the Criminal Justice Act 2003 (c. 44) and amended by section 60 of the Criminal Justice and Immigration Act 2008 (c. 4).

(7)

2003 c. 44.