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1. Better Case Management – Overarching Principles. Better Case Management (BCM) links key initiatives, which together should improve the way cases are processed through the system, for the benefit of all concerned within the criminal justice system (CJS).
This practice note is an overview of case management in litigation. It covers the court's general duty of case management under CPR 1 and specific case management powers under CPR 3.
Prosecution and case management. 16 mins read. This is the stage where prosecutors and the courts system hold the offender (s) on trial, manage the experiences of the victim (s) and witness (es) in the courts, and where a verdict is passed with opportunity for appeal.
Nov 11, 2019 · Unlike prosecutors, defense attorneys can be either private or public. So if your friend cannot find a private attorney to take their case or cannot afford one, they will be assigned a public defender who works for the government. One of the first things a defense attorney’s team will do is file a motion for discovery.
- ‘Proof by Case Management’ and Other Myths About The Criminal Procedure Rules
- The ‘Exclusion’ of Issues
- Writtle V DPP
- Writtle V DPP in Practice
- Defence Statements as Part of The Prosecution Case
- Proof by Case Management
- Conclusion
The age of ambush may be over, but the principle remains that the prosecution must always prove its case. It is clear that the introduction of the Criminal Procedure Rules (‘the Rules’) has had a significant impact on criminal litigation. Of particular significance is the duty on the defence to assist the court in identifying the issues in the case...
Recent decisions of the Divisional Court have made clear that there is a duty on defence representatives to ensure they notify the prosecution what the ‘real issues’ will be at the trial. This should be done at the latest before the prosecution closes its case. If the prosecution are not so notified then the defence‘can derive no advantage from tha...
There is, however, authority to suggest that where an issue is raised at a late stage the court has power to exclude evidence which would otherwise be relevant to that issue. This is what happened in Writtle v DPP, a case concerning an allegation of failing to provide a specimen of breath, contrary to section 7 of the Road Traffic Act 1988. At tria...
The experience of practitioners demonstrates that prosecutors are seeking to rely onWrittle v DPPas authority for the broad proposition that Magistrates may exclude evidence relating to any issue not raised in advance of the trial date. So, for example, where a defendant accused of speeding informs the court at a case management hearing that the is...
The second tactic being adopted by prosecutors in the Magistrates’ Court arises when it is discovered on the day of trial that key evidence which is necessary to prove an essential ingredient of the offence is missing. In such circumstances, prosecutors have sought to rely on admissions contained in a defence statement as evidence in the prosecutio...
The third tactic being used by prosecutors is to invite the Court to infer from the way a case has been managed that an essential ingredient of an offence may be deemed to have been proved without the need to call evidence. Suppose an example in which the defendant is accused of speeding. At a case management hearing the Crown is put to ‘strict pro...
The court’s case management powers, particularly in the Magistrates’ Court, are likely to continue to be a topic of interest. Prosecutors are attempting to use the Criminal Procedure Rules in a manner which tends to lighten the burden on the prosecution to prove its case. Practitioners should be alive to this practice, and be equipped to argue agai...
May 7, 2024 · Pursuant to the overriding objective, courts are required to actively manage cases in order to ensure that they are dealt with justly in an efficient and expeditious manner. In practice, this means that the courts must effectively manage each case.
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Jan 30, 2017 · a case summary. The Claimant, in co-operation with the other party or parties, must help the judge by suggesting the directions that are thought to be needed. Describe the directions you think...
