The duty of the partiesE+W
3.3.—(1) Each party must―
(a)actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a direction; and
(b)apply for a direction if needed to further the overriding objective.
(2) Active assistance for the purposes of this rule includes―
(a)at the beginning of the case, communication between the prosecutor and the defendant at the first available opportunity and in any event no later than the beginning of the day of the first hearing;
(b)after that, communication between the parties and with the court officer until the conclusion of the case;
(c)by such communication establishing, among other things―
(i)whether the defendant is likely to plead guilty or not guilty,
(ii)what is agreed and what is likely to be disputed,
(iii)what information, or other material, is required by one party of another, and why, and
(iv)what is to be done, by whom, and when (without or if necessary with a direction);
(d)reporting on that communication to the court―
(i)at the first hearing, and
(ii)after that, as directed by the court; F1...
[F2(e)alerting the court to any reason why—
(i)a live link direction should not be given, or
(ii)such a direction should be varied or rescinded;]
[F3(f)alerting the court to any potential impediment to the defendant’s effective participation in the trial; F4...
[F5(g)alerting the court to any potential need for a witness to be accompanied while giving evidence, and in that event―
(i)identifying a proposed companion,
(ii)naming that person, if possible, and
(iii)explaining why that person would be an appropriate companion for the witness, including the witness’ own views; and]
[F6(h)alerting the court to any related family proceedings or anticipated such proceedings as soon as reasonably practicable after becoming aware of them.]]
Textual Amendments
F1Word in rule 3.3(2)(d) omitted (5.4.2021) by virtue of The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(a), 6(a)(i)
F2Rule 3.3(2)(e) substituted (15.8.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2(b), 5(c)
F3Rule 3.3(2)(f)(g) inserted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(a), 6(a)(ii)
F4Word in rule 3.3(2)(f) deleted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 3(a)(ii)
F5Rule 3.3(2)(g) inserted (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 3(a)(iii)
F6Rule 3.3(2)(g) renumbered as rule 3.3(2)(h) (4.4.2022) by The Criminal Procedure (Amendment) Rules 2022 (S.I. 2022/45), rules 1, 3(a)(i)
Commencement Information
I1Rule 3.3 in force at 5.10.2020, see Preamble