The Criminal Procedure Rules 2013

Case preparation and progression

This section has no associated Explanatory Memorandum

3.8.—(1) At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be concluded at the next hearing or as soon as possible after that.

(2) At every hearing the court must, where relevant―

(a)if the defendant is absent, decide whether to proceed nonetheless;

(b)take the defendant’s plea (unless already done) or if no plea can be taken then find out whether the defendant is likely to plead guilty or not guilty;

(c)set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing including the trial or (in the Crown Court) the appeal;

(d)in giving directions, ensure continuity in relation to the court and to the parties’ representatives where that is appropriate and practicable; and

(e)where a direction has not been complied with, find out why, identify who was responsible, and take appropriate action.

(3) In order to prepare for a trial in the Crown Court―

(a)the court must conduct a plea and case management hearing unless the circumstances make that unnecessary;

(b)the defendant must notify the court officer of the identity of the intended defence trial advocate―

(i)as soon as practicable, and in any event no later than the day of the plea and case management hearing (if there is one),

(ii)in writing, or orally at the plea and case management hearing (if there is one);

(c)the defendant must notify the court officer in writing of any change in the identity of the intended defence trial advocate as soon as practicable, and in any event not more than 5 business days after that change.

(4) In order to prepare for the trial, the court must take every reasonable step―

(a)to encourage and to facilitate the attendance of witnesses when they are needed; and

(b)to facilitate the participation of any person, including the defendant.