PART 3CASE MANAGEMENT
PREPARATION FOR TRIAL IN THE CROWN COURT
F1Arraigning the defendantI13.32
F31
In order to take the defendant’s plea, the Crown Court must—
a
if more than one indictment has been preferred or proposed, or more than one draft indictment has been presented where rule 10.3 applies—
i
identify the indictment or indictments that the prosecutor wants to be read to or placed before the defendant under this rule, and
ii
identify any draft indictment, indictment or count in an indictment on which the prosecutor does not want to proceed;
b
obtain the prosecutor’s confirmation, in writing or orally—
i
that each indictment (or draft indictment, as the case may be) that the prosecutor wants to be read to or placed before the defendant sets out a statement of each offence that the prosecutor wants the court to try and such particulars of the conduct constituting the commission of each such offence as the prosecutor relies upon to make clear what is alleged, and
ii
of the order in which the prosecutor wants the defendants’ names to be listed in each indictment, if the prosecutor proposes that more than one defendant should be tried at the same time;
c
ensure that the defendant is correctly identified by each indictment or draft indictment that the prosecutor wants to be read to or placed before the defendant;
d
satisfy itself that each allegation has been explained to the defendant, in terms the defendant can understand (with help, if necessary); and
e
in respect of each count on which the prosecutor wants to proceed—
i
read the count aloud to the defendant, or arrange for it to be read aloud or placed before the defendant in writing,
ii
ask whether the defendant pleads guilty or not guilty to the offence charged by that count, and
iii
take the defendant’s plea.
2
Where a count is read which is substantially the same as one already read aloud, then only the materially different details need be read aloud.
3
Where a count is placed before the defendant in writing, the court must summarise its gist aloud.
4
In respect of each count in F4an indictment read to or placed before the defendant —
a
if the defendant declines to enter a plea, the court must treat that as a not guilty plea unless rule 25.10 applies (Defendant unfit to plead);
b
if the defendant pleads not guilty to the offence charged by that count but guilty to another offence of which the court could convict on that count—
i
if the prosecutor and the court accept that plea, the court must treat the plea as one of guilty of that other offence, but
ii
otherwise, the court must treat the plea as one of not guilty; and
c
if the defendant pleads a previous acquittal or conviction of the offence charged by that count—
i
the defendant must identify that acquittal or conviction in writing, explaining the basis of that plea, and
ii
the court must exercise its power to decide whether that plea disposes of that count.
5
In a case in which a magistrates’ court sends the defendant for trial, the Crown Court must take the defendant’s plea—
a
not less than 10 business days after the date on which that sending takes place, unless the parties otherwise agree; and
b
not more than 80 business days after that date, unless the court otherwise directs (either before or after that period expires).
F26
Unless the court otherwise directs, no further proceedings may be taken on a draft indictment, indictment or count in an indictment on which under this rule the prosecutor chooses not to proceed.
[Note. See section 6 of the Criminal Law Act 1967132, section 77 of the Senior Courts Act 1981133 and section 122 of the Criminal Justice Act 1988134. Part 10 contains rules about the content and service of indictments: see in particular rule 10.2 (The indictment: general rules).
Under section 6(2) of the 1967 Act, on an indictment for murder a defendant may instead be convicted of manslaughter or another offence specified by that provision. Under section 6(3) of that Act, on an indictment for an offence other than murder or treason a defendant may instead be convicted of another offence if—
a
the allegation in the indictment amounts to or includes an allegation of that other offence; and
b
the Crown Court has power to convict and sentence for that other offence.]