The New Criminal Procedure Rules 2020
This webinar is a must for anyone involved in advising clients or prosecuting in criminal cases.
From 5 October 2020 the Criminal Procedure Rules and the Criminal Practice Directions will be consolidated into one document.
Colin Beaumont and Clive Smith will wade through the new document to bring you 25 most useful things to know about the new rules!
What You Will Learn
This webinar will cover the following:
- 25 useful things to know about the rules
- The ‘essence’ of case management under rule 3 - the parties to agree the trial issues - the parties to agree as much of the evidence as they can - minimum number of live witnesses
- The duty placed upon the legal adviser at the very outset of a criminal trial in the Magistrates’ Court - CPDV1 - Trial 24A.11 and the sanctions under the rules where a trial ‘descends into a game of smoke and mirrors’- possible wasted costs against a party under rule 45
- Starting a prosecution in the Magistrates’ Court - rule 7 of the Criminal Procedure Rules 2015 (as amended) - an examination of the case of James William Brown - time limits
- Case management - putting the Crown to strict proof - an examination of the important cases of Valiati and the DPP and KM and the DPP and Regina v Gavin Rochford
- Can charges simply be emailed to the defence solicitors? - DPP and McFarlane and a consideration of rule 4 - service of documents generally
- The somewhat limited circumstances in which a Court could prevent a party from adducing evidence because of non-compliance with the rules
- Rule 19 - Expert evidence - the important case of DPP and Walsall Magistrates’ Court (Bhusall) and DPP and Lincoln Magistrates’ Court (Thaiss) - rule substantially revised in April 2019
- The interrelationship between primary legislation and the Criminal Procedure Rules - see rule 3.5 - see also the comments of Lord Justice Laws in the Warley Justices’ case
- Hearsay and bad character evidence and the rules - 20 and 21 respectively
- The ‘provision of evidence’ and the ‘disclosure of unused material meeting the test for disclosure’ - neither concept to be confused with ‘Initial details of the prosecution case’ under rule 8
- Allocation and Sending - rule 9 - in particular see rule 9.8 - be careful with theft by way of low-value shoplifting - see the cases of R v Harvey (2020) and R v Burrows (2019)
This pre-recorded webinar will be streamed at 12:30pm on Friday 11th December 2020 and will remain available to view by delegates who have registered by then for 90 days.
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