The Criminal Procedure Rules 2020

The duty of the court E+W

3.2.—(1) The court must further the overriding objective by actively managing the case.

(2) Active case management includes―

(a) the early identification of the real issues;

(b) the early identification of the needs of witnesses;

(c) achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the progress of the case;

(d) monitoring the progress of the case and compliance with directions;

(e) ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;

(f) discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings;

(g) encouraging the participants to co-operate in the progression of the case; and

(h) making use of technology.

(3) The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.

[F1 (4) Where appropriate live links are available, making use of technology for the purposes of this rule includes giving a live link direction for a person’s participation—

(a) under a power to which rule 3.35 applies (Live link direction: exercise of court’s powers); and

(b) whether an application for such a direction is made or not.]

[F2 [Note. Under section 51 of the Criminal Justice Act 2003, the court may require or permit any person to take part through a live audio or video link in the pre-trial, trial, sentencing, enforcement and appeal proceedings listed in that section. Under section 52A of the Act, a person who takes part in accordance with a live link direction is to be treated as present in court.]]

Textual Amendments

F1 Rule 3.2(4) substituted for rule 3.2(4)(5) (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(b), 5(b)(i)

F2 Words in rule 3.2 substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(b), 5(b)(ii)

Commencement Information

I1 Rule 3.2 in force at 5.10.2020, see Preamble