6 Case Management
Essential Case Management:
Applying the Criminal Procedure Rules
A) Generally
The court2 must further the Overriding Objective of the Rules by actively
managing each case [Crim PR 3.2(1)].
The parties must actively assist the court in this without being asked [Crim
PR 3.3(a)].
At every hearing, if the case cannot be concluded there and then, the court
must give directions so that it can be concluded at the next hearing or as
soon as possible after that [Crim PR 3.8(1)].
The court has very wide case management powers which can (if necessary,
should) be exercised on the court’s own initiative and without a hearing
[Crim PR 3.5].
B) Taking the plea
At every hearing:
Unless it has been done already, the court must take the defendant s plea
[Crim PR
3.8(2)(b)]. This obligation does not depend on the extent of service of
evidence or disclosure of unused material. Arraignment should be considered
even at preliminary hearings.
If the plea really cannot be taken3, the court must find out what the plea is
likely to be [Crim PR 3.8(2)(b)]. This applies to preliminary hearings, Y