Wales and Cheshire Region Practice Direction
A Resident Judge shall exercise in accordance with these directions the following functions in the Crown Court centre, or group of centres, to which he is appointed: -
- act on behalf of the Presiding Judges to carry out the directions given by the Lord Chief Justice for the classification and allocation of business and exercise therefore overall responsibility for the allocation of judicial business within his centre or group;
- ensure that cases are referred to the Presiding Judges in accordance with these directions and they are consulted when appropriate;
- inform the Presiding Judges when he expects to be absent from his centre for a period during which another judge should if necessary be requested to act on his behalf.
Cases listed for trial before a High Court Judge at a Crown Court Centre are in charge of that judge.
A case in the list of a High Court Judge, other than a case in Class 1 or a case of rape, incitement, attempt or conspiracy to commit rape, or of a serious sexual offence against a child under the age of 16 of any Class, may be released by the High Court Judge, in consultation with a Presiding Judge, for trial by a Circuit Judge.
An offence of murder, rape, incitement, attempt or conspiracy to commit such offence, or a serious sexual offence against a child under the age of 16 of any Class, may be released by or on the authority of a Presiding Judge for trial only by a Circuit Judge authorised by the Lord Chief Justice to try such cases.
A case in Class 2, other than an offence of rape, incitement, attempt or conspiracy to commit rape, or a serious sexual offence against a child under the age of 16, may with the consent of the Presiding Judge be allocated by a High Court Judge or a Resident Judge for trial by a Circuit Judge authorised by the Presiding Judges for this purpose.
The Resident Judges shall personally consider the allocation of cases in Classes 3 and 4 in the following categories:-
- cases where death or serious risk to life or the infliction of grave injury are involved, including motoring cases of this category arising from dangerous driving and/or excess alcohol;
- cases in which loaded firearms are alleged to have been involved;
- cases of arson or criminal damage with intent to endanger life;
- cases of defrauding Government departments or local authorities or other public bodies of amounts in excess of £25,000;
- offences under the Forgery and Counterfeiting Act 1981 where the amount of money or the value of goods exceeds £10,000;
- offences involving violence to a police officer which result in the officer being unfit for duty for more than 28 days;
- any offence involving loss to any person or body of a sum in excess of £100,000;
- cases where there is a risk of substantial political or racial feeling being excited by the offence or the trial;
- cases which have given rise to widespread public concern;
- cases of robbery or assault with intent to rob where gross violence was used, or serious injury was caused, or where the accused was armed with a dangerous weapon for the purpose of the robbery, or where the theft was intended to be from a bank, a building society, or a post office;
- cases involving the manufacture or distribution of substantial quantities of drugs;
- cases the trial of which is likely to last more than 10 days;
- cases involving the trial of more than 5 defendants;
- cases in which the accused holds a senior public office, or is a member of a profession or other person carrying a special duty or responsibility to the public, including a police officer when acting as such;
- cases where a difficult issue of law is likely to be involved, or a prosecution for the offence is rare or novel;
- any other case of which the nature, gravity or circumstances make it desirable that the Resident Judge should consider its allocation, eg. riot, affray or other public disturbance.
When the directions of a Presiding Judge are sought for the allocation of a case of murder, rape or incitement, attempt or conspiracy to commit such offence, or of a serious sexual offence against a child;
- a summary of the facts shall be prepared by the prosecution or, as appropriate, by the court setting out general information about the defendant and victim and brief particulars of the offence;
- the summary, annexed to the relevant papers, namely committal documents, exhibits, antecedents and indictment, shall be submitted to the Resident Judge;
- the Resident Judge shall submit the summary and the relevant papers in the case to a Presiding Judge, with any available information about the anticipated plea, the expected length and the date of trial and any other relevant matters (including time spent in custody) and shall recommend whether the case should be tried by a High Court Judge or a Circuit Judge, naming the Circuit Judge where appropriate.
When under these directions a Resident Judge refers any matter to a Presiding Judge, the reference shall be:
- if a Presiding Judge is present on Circuit to that Presiding Judge;
- if there is no Presiding Judge on Circuit to the Presiding Judge sitting in London.
In exercising his responsibilities the Resident Judge will work in close consultation with the Group Manager, Court Manager, and Listing officer who should identify at the earliest stage cases in which delay or difficulty in listing has been experienced or is anticipated.
It is the responsibility of the Resident Judge to ensure that all cases at his centre are brought to trial with a minimum of delay. The Appendix to these directions contains administrative instructions for dealing with and reporting on long outstanding cases.
Previous Directions by the Presiding Judges regarding the allocation and distribution of Crown Court business are hereby revoked.
The Hon Mr Justice Tasker Watkins
The Hon Mr Justice Anthony Evans
The Hon Mr Justice John Roche
8th July 1988/Amended 20th November 2000
The Resident Judge shall arrange to be informed at least once a month of every case at his centre the trial of which has not commenced sixteen weeks after committal in the case of a defendant who is on bail, or the trial of which has not commenced eight weeks after committal where the defendant is in custody. The information should include details of the nature of the offence, other relevant information about the defendant, the date of committal, the expected date of trial and the reason for the delay.
The Resident Judge shall take such action as he sees fit to ensure that cases reported to him are brought to trial with a minimum of delay.
The Resident Judge shall deliver to the Presiding Judges the information referred to in paragraph 1 of this Appendix together with a short report on the general situation of work at his centre as appropriate.
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