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Better Case Management Woolwich Crown Court An introductory briefing for advocates Friday 23 rd October 2015
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Key Principles Getting it right first time Getting it right first time Case ownership Case ownership Duty of direct engagement CPR3.3 and CPD 3A.2 Duty of direct engagement CPR3.3 and CPD 3A.2 Consistent judicial case management CPR3.2 Consistent judicial case management CPR3.2
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5 th October 2015 Implementation at “early adopter” courts Implementation at “early adopter” courts Applies to all cases sent by MC to Woolwich CC Applies to all cases sent by MC to Woolwich CC New Criminal Procedure Rules and Practice directions New Criminal Procedure Rules and Practice directions New rules in relation to PSRs New rules in relation to PSRs
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Moving forward 2 nd November: first cases arrive at the Woolwich CC for PTPH 28 days after sending 2 nd November: first cases arrive at the Woolwich CC for PTPH 28 days after sending 2 nd November: digitalisation for all cases sent to Woolwich CC by MC 2 nd November: digitalisation for all cases sent to Woolwich CC by MC 30 th November: first digital PTPHs 30 th November: first digital PTPHs 5 th January: BCM rolled out nationwide 5 th January: BCM rolled out nationwide
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Police Must comply with National File Standard for first hearing at MC including a ll key statements Must comply with National File Standard for first hearing at MC including a ll key statements Accurate charging decisions Accurate charging decisions Initial disclosure Initial disclosure Additional material necessary for effective PTPH including “key” evidence e.g CCTV, medical and forensic Additional material necessary for effective PTPH including “key” evidence e.g CCTV, medical and forensic Respond to PTPH orders Respond to PTPH orders
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CPS Accurate charging and early review Accurate charging and early review Case ownership Case ownership Early engagement with defence Early engagement with defence Serve indictment and completed PTPH form 7 days before PTPH Serve indictment and completed PTPH form 7 days before PTPH Comply with directions Comply with directions Report failure by defence to comply with directions Report failure by defence to comply with directions
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Magistrates Accurate allocation Accurate allocation Identify issues Identify issues Confirm initial disclosure is complete Confirm initial disclosure is complete Identify outstanding evidence required for effective PTPH Identify outstanding evidence required for effective PTPH Give directions to parties Give directions to parties Only order preparation of reports where appropriate Only order preparation of reports where appropriate
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Defence Must engage with CPS before hearing at MC Must engage with CPS before hearing at MC Give indication of plea at MC Give indication of plea at MC Identify issues likely to arise if contested at CC Identify issues likely to arise if contested at CC Identify material still outstanding and required before PTPH to advise defendant Identify material still outstanding and required before PTPH to advise defendant Continue to engage with CPS before PTPH Continue to engage with CPS before PTPH Complete PTPH form Complete PTPH form Comply with directions and report any failure by CPS to comply with directions Comply with directions and report any failure by CPS to comply with directions
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Crown Court Arraign defendant at PTPH Arraign defendant at PTPH G plea G plea Sentence forthwith or Sentence forthwith or Obtain stand down report or Obtain stand down report or Order PSR if necessary Order PSR if necessary NG plea – give directions and timetable for trial NG plea – give directions and timetable for trial No further management hearing unless a ‘preparatory hearing’ is necessary or case falls within PD 3A.21 No further management hearing unless a ‘preparatory hearing’ is necessary or case falls within PD 3A.21
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Compliance and Enforcement Both prosecution and defence under duty to Both prosecution and defence under duty to comply with all directions or seek variation comply with all directions or seek variation to report non compliance to report non compliance Case progression officers will monitor and refer to judge Case progression officers will monitor and refer to judge Judicial case management Judicial case management Potential compliance measures Potential compliance measures Warning notice Warning notice Telephone conference hearings Telephone conference hearings Compliance court - named individual must attend Compliance court - named individual must attend Keep record of individual failures by named advocates and /or litigators and identify “serial “ defaulters Keep record of individual failures by named advocates and /or litigators and identify “serial “ defaulters Wasted costs Wasted costs
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Next Steps Wi Fi – all advocates must sign up Wi Fi – all advocates must sign up Defence solicitors must have a secure email address Defence solicitors must have a secure email address Digital Case System – electronic files accessible by all parties Digital Case System – electronic files accessible by all parties Defence to notify CPS and court of representation Defence to notify CPS and court of representation Hearings start on time Hearings start on time Feedback to Local Implementation Team (LIT) Feedback to Local Implementation Team (LIT)
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