Law Reform, LCCSA News, Practice and Procedure

Changes to Criminal Procedure Rules

PUBLISHED October 10, 2016

Changes to CPR
Members will recall that in July this year LCCSA committee members (together with CLSA) met with the Supreme Presiding Judge, the chief magistrate, the DPP and members of the Criminal Procedure Rule Committee, to raise concerns over inadequacies of IDPC, following the issuing and following by Defence Lawyers of guidance (the "Protocol") and heightened by the infamous "advice note" circulated to Magistrates (detailed here)
We are pleased to confirm that following a meeting of the CPR committee on Friday, changes are being introduced which partly address some of our concerns.
The effect of the amendments will be that in sentencing hearings the Crown will not be able to rely on material which they have not disclosed to the defence and in respect of which they have had sufficient time to consider without leave of the court. (Part 8 of Rules)
The rules will also be amended (part 14) to include an express requirement that the defence be allowed sufficient time to consider information on which the prosecutor relied on in objecting to bail.
The Associations will continue to engage with the Judiciary and the CPS to strive for an equality of arms, and a justice system that is fair to all parties including the defence.
Could we remind members to raise any issues that you experience with IDPC with both your local implementation team and also to us on the designated email address