Wales and Cheshire Region Practice Direction
This direction has been issued by the Presiding Judges to facilitate the efficient and effective disposal of Child Abuse cases and other cases where vulnerable witnesses are involved in the Crown Court.
It will apply to the following cases:
Any case where the victim is under 18 years of age involving:
- assault, injury or threat of injury; or
- an offence under the Sexual Offences Act 1956, Sexual Offences Act 1967, Indecency With Children Act 1960, section 54 of the Criminal Law Act 1977, Protection of Children Act 1978, or section 1 of the Children and Young Persons Act 1933.
Any case involving an imprisonable offence where the evidence of a person under 16 is likely to be contested, other than cases in the Youth Court.
Age: the determining date for the age of the child victim or witness is the first hearing date in the magistrates' court.
Even where the case qualifies under the above criteria, it may not be necessary to Fast-track it if it is quite apparent that the victim or witness will not have to appear at Court because, for example, the Defendant genuinely intends to plead guilty to the charge at the outset or the evidence is not disputed. Such a case should still proceed without delay where the victim's interest requires it but it need not enter the Fast-track.
The acid test which should be applied is - Is it in the interests and welfare of the child or victim or witness to ensure that the case proceeds without delay and therefore is it to be prioritised? If the answer is Yes, it should enter the scheme.
The Police will identify the cases to which this procedure will apply. In such cases, if the CPS provide Advance Information prior to the service of transfer papers, correspondence to the defence solicitor accompanying that information will refer to the fact that the case in question is a Fast-track procedure case.
The Application for Legal Aid will be made at the first available opportunity and at the latest the first Court appearance. The Legal Aid application should include a request for the Order to include Advice from Counsel. The Legal Aid application should be accompanied by a letter explaining reasons for that request.
The first Court appearance, whether on bail or in custody, should be no longer than 2 working days after the Defendant has been charged. At that Hearing the Clerk to the Justices will seek to ensure that the Defendant is represented. The CPS will, at this stage, notify the Clerk to the Justices that the case is a Fast-track procedure case and the Clerk will mark his file accordingly.
The Police will undertake to prepare and submit their full file to the CPS within 28 days of the first Court appearance.
The CPS will undertake, within a further 14 days, to (a) review the file, and (b) prepare and serve the transfer documents. In all appropriate cases, the transfer notice procedure applicable to Child Abuse cases will be used.
The Plea and Directions Hearing (PDH) will take place within 3 weeks of the transfer.
Whenever possible a fixed date will be given at the PDH within the forthcoming 6 weeks.
Any application to vacate the fixed date must be made to either the Trial Judge or the Resident Judge. Adjournments will only be granted in the most exceptional circumstances.
This Practice Direction supersedes the Practice Direction of 14 April 1995.
The Hon. Mr Justice Curtis
The Hon. Mr Justice Maurice Kay
1 June 1997
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