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.