Practice Directions
Crown Court: Allocation of Business
With the concurrence of the Lord Chancellor and pursuant to sections 75(1) and (2) of the Supreme Court Act 1981, the directions given on 26 May 1995 in Practice Direction (Crown Court: Allocation of Business), [1995] 1 W.L.R. 1083, as amended on 30 June 1998 by Practice Direction (Crown Court: Allocation of Business) (No. 2) [1998] 1 W.L.R. 1244 are hereby amended.
Classification
For the purposes of trial in the Crown Court, offences are to be classified as follows:
Class 1:
(1) Misprision of treason and treason felony.
(2) Murder.
(3) Genocide.
(4) Torture, hostage-taking and offences under the War Crimes Act 1991
(5) An offence under the Official Secrets Acts.
(6) Soliciting, incitement, attempt or conspiracy to commit any of the above offences.
Class 2:
(1) Manslaughter.
(2) Infanticide.
(3) Child destruction.
(4) Abortion (section 58 of the Offences against the Person Act 1861).
(5) Rape
(6) Sexual intercourse with a girl under 13.
(7) Incest with girl under 13.
(8) Sedition
(9) An offence under section 1 of the Geneva Conventions Act 1957
(10) Mutiny
(11) Piracy
(12) Soliciting, incitement, attempt or conspiracy to commit any of the above offences.
Class 3:
(1) All offences triable only on indictment other than those in Classes 1, 2 and 4; and
(2) Soliciting, incitement, attempt or conspiracy to commit any of the above offences.
Class 4:
(1) Wounding or causing grievous bodily harm with intent (section 18 of the Offences against the Person Act 1861).
(2) Robbery or assault with intent to rob (section 8 of the Theft Act 1968).
(3) Soliciting, incitement or attempt to commit any of the above offences.
(4) Conspiracy at common law, or conspiracy to commit any offence other than those included in Classes 1, 2 and 3.
(5) All offences which are triable either way.
Cases committed, transferred, or sent for trial
2(a). Save as provided in paragraph 2(b) below for certain offences in class 2 and offences in class 3(1) magistrates' court upon either:-
- committing a person for trial under the Magistrates' Courts Act 1980, section 6,
- transferring a person under either the Criminal Justice Act 1987, section 4, or the Criminal Justice Act 1991, section 53, or
- sending a person under the Crime and Disorder Act 1998, section 51
shall, if the offence or any of the offences is included in classes 1 or 2, specify the most convenient location of the Crown Court where a High Court judge regularly sits. Where an offence is in class 4, the magistrates' court shall specify the most convenient location of the Crown Court.
2(b). Where a presiding judge has directed that class 2 offences within the categories below, or class 3 offences, may be committed, transferred or sent from a specified magistrates' court or courts to a specified location of the Crown Court at which a High Court judge does not regularly sit, the magistrates' court shall specify that location.
- Rape
- Sexual intercourse with a girl under 13
- Incest with a girl under 13
- Soliciting, incitement, attempt or conspiracy to commit any of the above offences.
3. In selecting the most convenient location of the Crown Court, the justices shall have regard to the considerations referred to in section 7 of the Magistrates' Courts Act 1980, and to the location or locations of the Crown Court designated by a presiding judge as the location to which cases should normally be committed from their petty sessions area.
4. Where on one occasion a person is committed in respect of a number of offences, all the committals shall be to the same location of the Crown Court and that location shall be the one where a High Court judge regularly sits if such a location is appropriate for any of the offences.
Committals for sentence or to be dealt with
5. Where a probation order, order for conditional discharge or a community service order has been made, or suspended sentence passed, and the offender is committed to be dealt with for the original offence or in respect of the suspended sentence, he shall be committed in accordance with the paragraphs below.
6. If the order was made or the sentence was passed by the Crown Court, he shall be committed to the location of the Crown Court where the order was made or suspended sentence was passed, unless it is inconvenient or impracticable to do so.
7. If he is not so committed and the order was made by a High Court judge, he shall be committed to the most convenient location of the Crown Court where a High Court judge regularly sits.
8. In all other cases where a person is committed for sentence or to be dealt with he shall be committed to the most convenient location of the Crown Court.
9. In selecting the most convenient location of the Crown Court the justices shall have regard to the locations of the Crown Court designated by a presiding judge as the locations to which cases should normally be committed from their petty sessions area.
Appeals and proceedings under the Crown Court's original civil jurisdiction
10. The hearing of an appeal or of proceedings under the civil jurisdiction of the Crown Court shall take place at the location of the Crown Court designated by a presiding judge as the appropriate location for such proceedings originating in the areas concerned.
Application for removal of a driving disqualification
11. Application should be made to the location of the Crown Court where the order of disqualification was made.
Transfer of proceedings between locations of the Crown Court
12. Without prejudice to the provisions of section 76 of the Supreme Court Act 1981 (committal for trial: alteration of place of trial) directions may be given for the transfer from one location of the Crown Court to another of: (i) appeals; (ii) proceedings on committal for sentence, or to be dealt with; (iii) proceedings under the original civil jurisdiction of the Crown Court where this appears desirable for expediting the hearing, or for the convenience of the parties.
13. Such directions may be given in a particular case by an officer of the Crown Court, or generally, in relation to a class or classes of case, by the presiding judge or a judge acting on his behalf.
14. If dissatisfied with such directions given by an officer of the Crown Court, any party to the proceedings may apply to a judge of the Crown Court who may hear the application in chambers.
Allocation of Business within the Crown Court
General
1. Cases in Class 1 are to be tried by a High Court judge. A case of murder, or soliciting, incitement, attempt or conspiracy to commit murder, may be released, by or on the authority of a presiding judge, for trial by a circuit judge approved for the purpose by the Lord Chief Justice.
2. Cases in Class 2 are to be tried by a High Court judge unless a particular case is released by or on the authority of a presiding judge for trial by a circuit judge. A case of rape, or of a serious sexual offence of any Class, may be released by a presiding judge for trial only by a circuit judge or recorder approved for the purpose by the senior presiding judge with the concurrence of the Lord Chief Justice.
3. Cases in Class 3 may be tried by a High Court judge or, in accordance with general or particular directions given by a presiding judge, by a circuit judge or a recorder.
4. Cases in Class 4 may be tried by a High Court judge, a circuit judge, a recorder or an assistant recorder. A case in Class 4 shall not be listed for trial by a High Court judge except with the consent of that judge or of a presiding judge.
5. Appeals from decisions of magistrates shall be heard by: (i) a resident or designated judge, or (ii) a circuit judge, nominated by the resident or designated judge, who regularly sits at the Crown Court centre, or (iii) an experienced recorder specifically approved by the presiding judges for the purpose, or (iv) where no circuit judge or recorder satisfying the requirements above is available and it is not practicable to obtain the approval of the presiding judges, by a circuit judge or recorder selected by the resident or designated judge to hear a specific case or cases.
6. With the exception of courts operating the plea and directions scheme established under practice rules issued by the Lord Chief Justice, the following arrangements for pre-trial proceedings shall apply. (i) Applications or matters arising before trial (including those relating to bail) should be listed where possible before the judge by whom the case is expected to be tried. Where a case is to be tried by a High Court judge who is not available, the application or matter should be listed before any other High Court judge then sitting at the Crown Court centre at which the matter has arisen; before a presiding judge; before the resident or designated judge for the centre; or, with the consent of the presiding judge, before a circuit judge nominated for the purpose. (ii) In other cases, if the circuit judge, recorder or assistant recorder who is expected to try the case is not available, the matter shall be referred to the resident or designated judge or, if he is not available, to any judge or recorder then sitting at the centre.
7. Matters to be dealt with (e.g., in which a probation order has been made or suspended sentence passed) should, where possible, be listed before the judge who originally dealt with the matter, or, if not, before a judge of the same or higher status.
Allocation of proceedings to a court comprising lay justices
8. In addition to the classes of case specified in section 74 of the Supreme Court Act 1981 (appeals) any other proceedings apart from cases listed for pleas of not guilty which, in accordance with these directions are listed for hearing by a circuit judge or recorder, are suitable for allocation to a court comprising justices of the peace.
Transfer of cases between circuits
9. An application that a case be transferred from one circuit to another should not be granted unless the judge is satisfied that: (i) the approval of the presiding judges and circuit administrator for each circuit has been obtained, or (ii) the case may be transferred under general arrangements approved by the presiding judges and circuit administrators.
10. When a resident or designated judge is absent from his centre, the presiding judges may authorise another judge who sits regularly at the same centre to exercise his responsibility.
Presiding judges' directions
11. For the just, speedy and economical disposal of the business of a circuit, presiding judges shall, with the approval of the senior presiding judge, issue directions as to the need where appropriate to reserve a case for trial by a High Court judge and as to the allocation of work between circuit judges, recorders and assistant recorders and where necessary the devolved responsibility of resident or designated judges for such allocation. In such directions specific provision should be made for cases in the following categories.
(a) 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.
(b) Cases where loaded firearms are alleged to have been used.
(c) Cases of arson or criminal damage with intent to endanger life.
(d) Cases of defrauding government departments or local authorities or other public bodies of amounts in excess of £25,000.
(e) Offences under the Forgery and Counterfeiting Act 1981 where the amount of money or the value of goods exceeds £10,000.
(f) Offences involving violence to a police officer which result in the officer being unfit for duty for more than 28 days.
(g) Any offence involving loss to any person or body of a sum in excess of £100,000.
(h) Cases where there is a risk of substantial political or racial feeling being excited by the offence or the trial.
(i) Cases which have given rise to widespread public concern.
(j) 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.
(k) Cases involving the manufacture or distribution of substantial quantities of drugs.
(l) Cases the trial of which is likely to last more than 10 days.
(m) Cases involving the trial of more than five defendants.
(n) 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.
(o) Cases where a difficult issue of law is likely to be involved, or a prosecution for the offence is rare or novel.
12. With the approval of the senior presiding Judge, general directions may be given by the presiding judges of the South Eastern Circuit concerning the distribution and allocation of business of all classes at the Central Criminal Court.
Bingham C.J.
10 January 2000