Hello on. Welcome to this. 20 minute by sized Webinar On behalf of occasional. My name is calling my mom. No, this webinar concerns the valve and dry subject of the criminal sea level was and the criminal practice directions not expected to say the first time thes two documents have Bean consolidated that they were consolidated in April 2000 and 19 on If you Google, no doubt you will find the entire document. I can tell you now you wouldn't want to really all at once. It comprises 860 pages. Let's have a look showing the first couple of 40 points busting, as I've said already, but documents have bean consolidated on. We now just have the one document. The overriding objective of the criminal procedure rules as you well now is to ensure that criminal cases are dealt with justly. You need to understand who was 12 and three concerning case management in particular, your duties really to the court and also you must know your duty. Still, play that forms want to put on the platforms. It's all very important stuff. Now let's distill the essence. Case management shall wait. The essence in case management is to really obviate the need for witnesses to be called to give live Orel testimony, so please agree as much as you can. It may well be that many of the statements could be agreed. Section nine It might be the agreed Section nine with a little bit of editing, and it might be that you either party might make some Section 10 admissions, which again would obviate the need for the witness to be called to give live or testimony. The other crucial point, of course concerning case management is that both parties must be frank with one another on the pet form as to what the triumph issues are, and obviously to narrow down those issues as much as possible. Let's go points three and four 0.3. Rule three point by at the Criminal Procedure Rules is a very important tool and set so the relationship between the rules on primary legislation go 3.5. Effectively, no direction can be made under the ruse, which is at variant with what berry ins to primary legislation, and this might be hugely relevant in the context of a statement does not agree between the parties, the court and they want to voiced the statement upon the parties by way of having it read Section nine of the Criminal Justice Act 1967. But as you well know, Section nine of the Criminal Justice Act 1967 puts the onus upon the person receiving the statement to decide whether well, not that statement shall be read. Of course, if you're no in agreement with the statement being read than the witness needs to be cool to give live balloon Testament A. This is no something that can be dealt with by the court itself. This is not something that can be dealt with by the legal adviser. This is a matter for the party receiving the statement. Remember, Section nine puts the duty upon the party receiving the statement and go 3.5 says the no direction could be made under these rules, which is country to or variance with primary legislation. So Section nine statements cannot be voiced upon the parties by the court itself. A good rule worth knowing and sometimes you actually have to quote it in court rule for the service of documents. When is a document deemed served under the rules. Well, it's being served on the next business day, after did after the day on which it was left at the premises, all if it's posted second class on a second business day after the posting or dispatch. Unless, of course, the country be proven. It is to be a soon that anything served by Post is received on the second business day after posting or dispatch Interesting case. Very recently, I was reading in relation to go for as to whether or no charges could be served upon the defense lawyers in the case rather than the actual dependent. And if you read rule for you, learn that yes, charges can be served upon defense lawyers acting for the defendant. They need be no service upon the defendant himself. I think if the parties in that particular case that being more familiar with the criminal procedure rules in particular rule for at the difficulties which of those in that case that might never have a reserve, so I'll just make a general point now if I may, If you're a criminal lawyer, whether you for the defense, offer the prosecution and you're going to get involved in something a useful thought. Oh, you is It's the rule on this and just have a quick look that the index to the criminal procedure goes to see what the rules actually said. You might be surprised how the rule will often result of the legal argument that's going on in court through seven starting a prosecution in the Magistrates Court point number 40. A very short mood. It would take you about five minutes to read. Who's seven starting a prosecution in a magistrate school, the important case of James William Ground on the DPP and the production of a week in charge. In a nutshell. This concerns the high court having to consider where the matter is summary Only on the Sigma limitation applies. What must the prosecution do within the six month relevant period? I say prosecution, of course, when you're dealing with written charges and requisitions or you're dealing with Britain charges and single justice notice procedures, more often than not, these are being done by the police. Now, the high court said in the case of James William Ground on the dpb that the written charge must be produced. Presumably, these are produced by computers and not drafted anymore must be produced in a format ready for sending out within six months of the commission date of the actual events. It mattered not that the requisition was posted outside of the six month period, and it would matter not if the notice procedure was issued outside of the six month period. What must happen within the six month period is that the rich in charge must be produced in a manner ready for sending out whether we eat and was a look. But who was said? 0.6 Criminal practice Direction six Trials 24 a 11 immediately trying to the commencement of the try of the legal adviser must summarize for the cord. We agreed on disputed issues. There it is it they say it is a legal requirement under the criminal practice directions. I just wonder how often the legal adviser does eat. Think about it. If you're dealing with lay Magistrates, I think it's a jolly good idea that they should be made fully aware of what we agreed on. Disputed issues are at the commencement of the triumph. Before they start hearing evidence, they could then concentrate their minds on what the disputed issues are. There you go 2.7 and eight 0.7, the Valley rt and the DPP and K M and the DPP. An incredibly important 2000 and 18 high court decision in which it'll went horribly pear shaped. Don't get me wrong. These two defendants were no joined in any way. They weren't co defendants. The cases were joined because they both don't want the same issue in the high court. Namely to what extent the magistrate could rely on the information written on the pet fall as evidence in the proceedings to some of eyes. In the case in Valley Rt. There was no evidence at tri ALS value rt being at the scene, the magistrate in the retiring room said. Oh, well, it's not a problem because in section eight of the four presence at the sea is accepted, it was written on the wall. And so the Magistrates decided that, of course, it was material that live evidence had not being produced during the trial on that point in the case of KM, and there was precious little evidence again, okay and actually being present at the sea during the trial. The magistrate in the retiring room didn't think it was a problem because in section eight of the pet or it was accepted, that presence of the scene was not disputed. Now the problem waas, of course, that the Magistrates were using the information on the Net ball without the position having bean bed in court at all. And so Brian Levinson said, No. If it's going to happen, it's got to happen properly. In other words, if the prosecution want to rely upon the hearsay statements on the platform, they must make an application in court for those statements to be received. All be there hearsay under Section 11 for one D of the Criminal Justice Act 2000 and three, thus giving the defense the opportunity in open court to argue that although the statements could be received, they ought not to be received because to do so would render the trial unfair. That's Section 78 all pace. All of this needs to be done, an open call and the Heikal said that it would be a very current were for the call to be allowed to use that we should be in Britain on Section eight of the bet. Four to filling the evidence. You'll gaps Tri ALS and rightly so caution that were the case. I think defense lawyers would be very wary writing anything in Section eight of the Bed Full different, of course, with Section nine performed. A Section nine is clearly headed admissions. And if you start putting admissions within Section nine, we know that those admissions are always admissible against the defendant at trial. See the Criminal Justice Act 2000 and three, Section 118 So Brian Davison said that a lot of the difficulties that had arisen in both of these cases well, no have arisen had the legal advisers it were followed the practice direction and said, Right before this trial starts, can we just ascertain, please? What are the disputed issues on what are the agreed issues? It wasn't done too late. Initial details of the prosecution case. I'm sure you all know about I GPC. It's no evidence. It's no unused materia. It's the material that the defense are entitled to see are entitled toe have, by the latest, the morning of the first appearance, quiet and play trying to play, I'm sure you know that on occasion I GPC may be satisfied by a simple case summary. It may be that the defendant wants to see the evidence. It's not a problem. But in order to see the evidence, of course, you must plead not guilty. It is the entering of a not to get what you play. The triggers various duties upon crown no least can provide the defense with the evidence upon which they would see to convict, trying also to provide the defense with the schedule of non sensitive unused material. So, please, I do know what you are and you are not entitled to tried to play if the client wants to include not guilty plea to get these items. So beard, you have to advise the client in relation to costs of the trial goes ahead. You have to advise the client in relation to credit. He or she will not get their full 1/3 unless they peak Mt. At the first hearing. 0.9. Expert evidence. Hearsay evidence that character evidence. I'm sure you're dealing with this type of evidence on an almost daily basis. Always worth a read Expert evidence 19 here say 20 back character. 20 war. It might surprise you to learn Those are the three circumstances at present in which the call may say no, you're not even permitted to induce the evidence. We are not going to hear this evidence at trial. Why? Because you have not complied with rules. 1920 or 24. So please do familiarize yourselves with those. Gosh, you wouldn't want to be the position. Would you of not being able to even put the evidence people The cool 24 trial and sentence in a magistrate call gifts in the bow structure of a criminal trial. Really useful stuff. Onley. Admission of evidence deals with the issue of whether or not you could make an application to withdraw your guilty plea except you. Rule 24 recommended Well worth a read well trending eyeing road traffic penalties, obligatory disqualifications, removal of disqualifications, statutory declarations where you didn't know about it. It's a lot in rule 29. More 45 costs Very important rule. Well worth a read sets out the circumstances in which one of the parties may have to pay the other side's costs. Wasted costs, costs thrown away. Why? Well, because the party was guilty of an unreasonable or in papa or negligent after what we should. It's a course clearly set out in Section 19 a of the Prosecution of Offences Act 1985. Unless, of course, the application is from wasted costs against the defendant in which cases section 1919 a. Of course, he's wasted costs against one of the legal representative beer, the representative for the DPP, the crown, all the representative from the debates. So there you are. If ever there's a suggestion that you be guilty whereby you may have to pay the costs of a particular hearing. A very good starting point is Lord 45. There are some 50 goals in total, and as I said in the very beginning, of course, the crews have now being consolidated with the criminal practice directions. It's just one document. I know it's a long document is 860 pages long. Why don't you Google eight on, then downloaded and save it on your smartphone? You never know when you might have to have a look at a particular rule or particular practice direction at what an issue comes up in court. I'm not suggesting that it's any sort of document that you would sit down and purport to read if you weren't dealing with a particular issue. But I can tell you now, the best lawyers as and when they deal with issues have a quick look at the rules on the practice directions to see if there's anything that consist on. The very worst lawyers remain blissfully ignorant of the document on door. No wiser, but they were rant over I'm a hope you found that interesting. It is a dry document, but it is an important document, and criminal lawyers are being called upon mawr on MAWR on MAWR to as it were, address courts, particularly Crown Court judges, particularly district judges. As to what the rules in this particular area I don't see, we had our Frank emanates. All that remains is to thank you on behalf of data law. But watching me and listening, I do hope you found it of interest. I look forward to your company game in the not too distant future. This is calling. They want signing off. Thank you
Webinar
Slides
Quiz 
2347 Users
82 Courses
118 Reviews
