PART 9MISCELLANEOUS

Avoiding delay in criminal proceedings

91General duty to progress criminal proceedings

In relation to criminal proceedings in the Crown Court or a magistrates' court, it is the duty of the court, the prosecution and the defence to reach a just outcome as swiftly as possible.

I192Case management regulations

1

The Department may make regulations in relation to the management and conduct of criminal proceedings in the Crown Court or a magistrates' court.

2

The regulations may impose duties on—

a

the court;

b

the prosecution; and

c

the defence.

3

The regulations may confer functions on the court in relation to the active case management of criminal cases.

4

Active case management includes in particular—

a

the early identification of the real issues;

b

the early identification of the needs of witnesses;

c

achieving certainty as to what must be done, by whom, and when, in particular by the early setting of a timetable for the progress of the case;

d

monitoring the progress of the case and compliance with directions;

e

ensuring that evidence, whether disputed or not, is presented in the shortest and clearest way;

f

discouraging delay, dealing with as many aspects of the case as possible on the same occasion, and avoiding unnecessary hearings;

g

encouraging the participants to co-operate in the progression of the case;

h

making use of technology; and

i

giving any direction appropriate to the needs of that case as early as possible.

5

The regulations must in particular take account of the need to identify and respect the needs of—

a

victims,

b

witnesses, particularly those to whom Article 4(2) of the Criminal Evidence (Northern Ireland) Order 1999 may apply; and

c

persons under the age of 18.

6

Before making any regulations under this section the Department must consult—

a

the Lord Chief Justice;

b

the Director of Public Prosecutions;

c

the General Council of the Bar of Northern Ireland; and

d

the Law Society of Northern Ireland.