PROTOCOL FOR CASE MANAGEMENT AT TAUNTON, BRISTOL AND GLOUCESTER CROWN COURTS
Case Management Protocol
1. None of what is in this protocol is designed to override the Criminal Procedure Rules, however, there are particular issues in Avon & Somerset and Gloucestershire which mean that case management processes are not being as effective as all of the agencies involved, together with the defence, would wish. The following steps have been agreed by: Judiciary, Police, CPS, HMCTS and defence representatives. Any variation to these instructions must be agreed by the Court.
Aim
· To bring about more effective case management in the Crown Court in Avon, Somerset and Gloucestershire.
· To reduce the number of pre-trial hearings, in line with the SPJ’s guidance;
Principles
2. Communication between the parties will be done electronically wherever possible. If email is to be used, this correspondence can only happen via secure email.
3. As per the Criminal Procedure Rules, the parties should monitor and meet all court directions. In instances where this is not possible, the steps set out in this protocol must be followed.
4. In-court hearings should be a last resort, only used when other options have been exhausted or the interests of justice demand it.
IDPC
5. The IDPC should have been served on the court and defence at the Magistrates’ Court at least 1 working day before the hearing.
Overnighters
6. In relation to overnighters the Police will bring 4 hard copies of the IDPC to the hearing, including a copy for the Court file. It is the responsibility of the Police to ensure the IDPC is available on the date of hearing. If the IDPC has not been provided to the Magistrates’ Court the Court will still send the Notice of Sending to the Crown Court. In these circumstances, the Magistrates’ Court will email the Police for the IDPC and will save a copy of this email into the live file for the Crown Court. The Police, in response to Magistrates’ Court chasing email, will now send the IDPC direct to the Crown Court.
PLY listing
7. The preliminary hearing (PLY) will take place no earlier than 28 days after the hearing in the Magistrates’ Court (unless otherwise advised). PLYs normally take place on the following days:
· Gloucester – Thursday and Friday (Up to a maximum 10 per day)
· Taunton – Monday and Friday (Up to a maximum 18 per day)
· Bristol – Tuesday and Thursday (Up to a maximum 18 per day)
In Gloucester sentencing can be listed on the above days as well as PLY. In Taunton sentencing can be listed on Fridays. In Bristol sentencing will only be listed on Mondays, Wednesdays and Fridays.
8. When the Magistrates’ Courts send the Notice of Sending to the relevant Crown Court via secure email, they will also include details of the defence, Prosecutor, whether there is a Victim Personal Statement and legal aid status (whether it is granted, pending or not represented).
· For Bristol Crown:
· For Gloucester Crown:
· For Taunton Crown:
9. The Magistrates’ Court will notify via email the police and the WCU with the Notice of Sending at the resulting stage.
· For Bristol: ; ; ;
· For Gloucester: ;
· For Taunton: ;
10. This will be actioned within 1 working day of the Magistrates’ Court hearing.
Timescales between first hearing and PLY
11. The 28 day period (20 working days) between first hearing and PLY should be used as follows:
Timescale (working days) / Who / TaskDays 1-15 / CPS and Police / All cases sent to the Crown Court will be reviewed by an experienced Lawyer within the CPS after the first hearing at the Magistrates’ Court. After the CPS have completed their review, within 1 working day, they will send an email to the Police requesting any further evidence required for the Preliminary hearing. Within this email they will identify clearly what is required and by when. This should include any key evidence e.g CCTV.
For Bristol:
For Gloucester:
For Taunton:
If the Police feel the CPS deadline is unachievable they will notify the CPS giving the reasons why and suggesting a more realistic time frame.
Once this evidence has been received by the CPS they will review this evidence by day 15, checking that any CCTV evidence is in the correct DVD format, and serve it on the Crown Court and the Defence.
Days 1-15 / Defence / The Defence will have a conference with their client within the first 15 working days and, where relevant, forward any basis of plea to the CPS by email.
For Bristol:
For Gloucester:
For Taunton:
In exceptional circumstances, if the Defence identify that they are not going to be ready for an effective PLY then they must contact the CPS in order to explain the reasons why and agree a new date. This new date should be within 5 working days of the original PLY date and take into consideration Custody Time Limits.
If all parties agree, this can be adjourned administratively by the Crown Court and the Defence should email them.
For Bristol Crown:
.
For Gloucester Crown:
For Taunton Crown:
Days 15-18 / CPS and Defence / The CPS and Defence must have a discussion prior to the PLY to discuss whether the case is likely to be an EGP case and whether key evidence e.g a streamlined forensic report, is required. This will be decided on a case by case basis and, if it is felt that this is beneficial, then the PLY might be put back. Even if the Defence feel they are ready for the PLY they should still have a discussion with the CPS.
Day 16 / Court / On receipt of the IDPC, the Crown Court will print off a copy 4 days before the PLY so that it can be made available to the relevant judge and a check will need to take place as to whether Legal Aid is in place.
Day 18 / CPS / CPS to file their Preliminary Form and Indictment 2 working days before the Hearing. These must be emailed to the Crown Court at:
For Bristol Crown
and .
For Taunton Crown
For Gloucester Crown
Day 19 / WCU/ Lighthouse / Using the notification of sending, Witness Care Unit/Lighthouse will obtain inconvenient dates for the OIC and any identified Victims. These dates will be supplied to the Crown Court 1 working day before the PLY.
Day 20 / Preliminary Hearing
12. The OIC must be proactive in obtaining key evidence e.g CCTV which may prompt an early guilty plea in advance of any requests from the CPS for this evidence.
Preliminary Hearings (PLY)
13. The PLY will be listed for 15 minutes. In ideal circumstances only those judges with an interest in case management should hear these cases.
14. At the PLY the parties will be in a position to discuss: pleas; likely witnesses and their requirements; special measures; any disclosure issues etc.
15. The Judge should actively participate in these discussions and should also discuss credit for guilty plea with the Defendant, seeking also to explore the nature of any defence.
16. For PLY hearings, HMCTS will either supply an in-court Case Progression Officer (CPO) to record Directions or the clerk will do so. They will use the Preliminary Hearing Form (Annex A), which will be emailed to the parties and other agencies within 24 hours.
· For Bristol Crown: ;
; ; ;
· For Taunton Crown: ; ;
· For Gloucester Crown: ; ;
The form records the more pressing/essential court directions, but does not override the parties’ obligations under the Criminal Procedure Rules to progress the case or replace existing information supplied by the CPS to the Police.
Where possible witnesses will be agreed at the PLY and the court will also note those required on the form. The WCU will use this information to warn witnesses at this early stage.
Court directions Pre-PCMH
17. HMCTS will take responsibility for monitoring the following court directions, however, it is the responsibility of the parties to ensure they meet these Directions:
· Service of papers
· That the Disclosure schedule has been provided by the CPS to the Defence
· Defence Case Statements (which should be served at least 2 weeks before PCMH, subject to disclosure requirements having been met by the prosecution)
· Special Measures (as per paragraph 14 & 19)
Timescales between PLY and PCMH
18. The 91 day period (65 working days) between PLY and PCMH should be used as follows:
Timescale / Who / TaskDay 1 / Crown / The Judge will ordinarily make an order which will cover all parties’ disclosure
Day 1-20 / Police / The Police to provide the upgrade file to the CPS, which will include the schedule of unused material. This will be at least 10 working days before the date required for initial disclosure by the CPS. The CPS will monitor whether the Police have complied with this and will escalate where appropriate.
Day 20-30 / CPS / When papers are served by the CPS on the Crown Court, the CPS will include a covering note stating whether initial disclosure has occurred. (Annex B)
Day 30-35 / Crown / If initial disclosure has taken place, the Crown Court will diarise a prompt for service of the Defence Case Statement within 20 working days from the date of receipt and chase where appropriate.
Day 35-55 / Defence / The Defence will file their Defence Case Statement 4 weeks after they have received initial disclosure from the CPS and at least 2 weeks before the PCMH. The Defence Case Statement should include any defence witness information. If for logistical reasons it is not possible to supply a signed Defence Case Statement, the defence should supply the CPS and court with a draft version.
Day 1-15 / WCU/ Lighthouse / Within 4 weeks of the PLY, if WCU identify that a witness is unavailable for the Trial date then WCU will contact CPS, who in turn will contact defence to ascertain if the witness is required for trial or whether their evidence can be agreed. If they are required for trial then CPS will notify the WCU of this, who will complete the witness difficulty form (Annex D) and inform the Court by secure email.
For Bristol:
For Gloucester:
For Taunton:
Day 1-20 / WCU/ Lighthouse / Within 4 weeks of the PLY, if WCU identify that the OIC or Victim is unavailable for the Trial date they do not need to have the above conversations with the CPS and so they will complete the witness difficulty form (Annex D) and inform the Court by secure email.
For Bristol:
For Gloucester:
For Taunton:
Day 1-20 / Crown / If this notification is received within 4 weeks of the PLY then the Court will deal with this administratively and seek to move the trial date in liaison with the Defence.
Day 20-38 / WCU/ Lighthouse / If the WCU identify that a witness, Victim or OIC is unavailable for Trial, at this stage, they will still complete the witness difficulty form but will serve this on the CPS via email.
For Bristol:
For Gloucester:
For Taunton
Day 20-38 / CPS / Once this has been raised with the CPS Lawyer and the Defence and there is an agreement that this witness is required to attend the trial, it will then be the responsibility of the CPS to make a Break Fixture Application to the Crown Court via email.
For Bristol:
For Gloucester:
For Taunton:
Day 1-63 / Defence and CPS / If the parties envisage that the PCMH is going to be ineffective, they should discuss with each other the issues and then, no later than 2 working days before the PCMH, propose a way forward to the Court. This may either involve the PCMH being moved administratively, an email exchange with the relevant judge or, if deemed unavoidable by the judge, to have the parties attend in order to explain the issues.
Day 65 / PCMH
This timetable is subject to change at the Judge’s discretion and depends upon the complexity of the case.
19. Every effort should be made for Special Measures to be resolved at the PLY but, if this is not possible, then Special Measures applications must be filed by the CPS at the time of service of papers and any Defence objections are to be filed with the Defence Case Statement (sent to the Court’s Case Progression inbox).
20. The PCMH will not go ahead without a Defence Case Statement.
21. A PCMH form must be completed by the parties as it is vital to successful case progression, particularly in relation to witness requirements. The form must be handed into the court at the PCMH.
Court directions Post-PCMH
22. The court will distribute electronically the PCMH form within 24 hours of the hearing.
· For Bristol Crown:
; ; ;
· For Taunton Crown:
;
· For Gloucester Crown:
; ;
If there is no PCMH, or it takes place at a very late stage, the Defence and CPS must agree witness requirements and CPS will notify the WCU a minimum of 4 weeks in advance of trial. The CPS must continue to provide the List of Witnesses to attend Court (LWAC) to the Witness Care Unit.
23. HMCTS will take responsibility for monitoring the following court directions,
however, it is the responsibility of the parties to ensure they meet these Directions:
· Legal arguments
Extensions of Judicial Orders where trial timetable is unaffected
24. Where the trial timetable would not be affected, the court is willing for the
Parties to agree extensions between them and simply to notify the court by email. If the defence do not respond to a CPS request to extend an order, which does not affect the trial timetable, within 48 hours of the email being sent, again they should simply notify the court who will in normal circumstances grant the extension. The court will not get involved in these discussions.