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England and Wales Court of Appeal (Criminal Division)
(Sep 29, 2015)
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[2015] EWCA Crim 1567
Case Information
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Criminal Practice Directions 2015
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Factual and Procedural Background
This opinion concerns the Criminal Practice Directions 2015, which are issued under the authority of the Lord Chief Justice pursuant to statutory powers including section 74 of the Courts Act 2003 and the Constitutional Reform Act 2005. These directions replace and update previous Criminal Practice Directions from 2013 and subsequent amendments. They apply to all criminal courts in England and Wales from 5 October 2015.
The Practice Directions provide comprehensive guidance on the practice and procedure of criminal courts, supplementing the Criminal Procedure Rules 2015. They cover a wide range of topics including case management, evidence, vulnerable witnesses and defendants, bail, disclosure, trial and sentencing, appeals, extradition, and listing of cases.
The directions are intended to promote the overriding objective of dealing with cases justly and efficiently, ensuring fairness, and maintaining public confidence in the criminal justice system.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| R v Cox [2012] EWCA Crim 549 | Use of inherent powers to appoint intermediaries to assist defendants | Referenced to clarify the court's power to appoint intermediaries for defendants despite statutory provisions not yet in force |
| R v Wills [2011] EWCA Crim 1938 | Advocacy best practices for handling vulnerable witnesses and defendants | Endorsed the use of toolkits to assist advocates in questioning vulnerable persons |
| R v E [2009] EWCA Crim 1425 | Citation of authority and principles for referencing precedents | Guidance on the necessity and manner of citing authorities in criminal appeals |
| R v Goodyear [2005] EWCA Crim 888 | Procedure for indications of sentence prior to guilty plea | Set out principles for judges giving sentencing indications to defendants before plea |
| R v Underwood [2004] EWCA Crim 2256 | Principles for accepting pleas on a basis of plea | Outlined procedures when defendants dispute the factual basis of offending alleged by prosecution |
| R v Newton (1982) 77 Cr App R 13 | Procedure for resolving factual disputes during plea | Referenced for conducting hearings to resolve disputed facts relevant to sentencing |
| R v Mayers [2008] EWCA Crim 2989 | Witness anonymity orders | Confirmed witness anonymity orders as a measure of last resort and the strict disclosure obligations involved |
| R v H [2004] UKHL 3 | Appointment of special counsel in witness anonymity cases | Outlined exceptional circumstances for appointing special counsel to assist in anonymity applications |
| R v Jones [2002] UKHL 5 | Trials in absence of defendant | Guidance on the court’s discretion and considerations before proceeding with trial in defendant’s absence |
| Ranniman v Finland (1997) 26 EHRR 56 | Use of restraints in court and protection under ECHR Article 3 | Referenced regarding the court’s duty to avoid degrading treatment when deciding on restraints |
| R v Rollinson (1996) 161 JP 107 | Right to be present at applications for restraints | Emphasized the need to allow the defence to respond to applications for restraints to avoid Article 6 violations |
| R v Thompson and Others [2010] EWCA Crim 1623 | Jury instructions and integrity | Confirmed the collective responsibility of juries and the expectation that juries follow directions faithfully |
| Porter v Magill [2001] UKHL 67 | Test for apparent bias in juries | Applied in assessing whether jury irregularities may have caused bias |
| R v Connors and Mirza [2004] UKHL 2 | Jury irregularities and appeal preparation | Referenced for guidance on preparing statements for appeals related to jury irregularities |
| R v Friskies Petcare (UK) Ltd [1999] 2 Cr App R (S) 401 | Sentencing information for corporate defendants | Guidance on submission of financial information to assist sentencing in corporate cases |
| R v F Howe and Son (Engineers) Ltd [1999] 2 Cr App R (S) 37 | Financial disclosure and fines in corporate cases | Emphasized the importance of timely and full financial disclosure to courts for fine assessment |
| Nasteska v. The former Yugoslav Republic of Macedonia (Application No.23152/05) | Appeals in absence of appellant and prosecution conduct | Referenced regarding prosecution conduct in appeals where appellant is unrepresented |
| R v Sullivan, Gibbs, Elener and Elener [2004] EWCA Crim 1762 | Mandatory life sentence minimum term setting | Provided detailed guidance on setting minimum terms for mandatory life sentences |
| Observer and Guardian v United Kingdom (1992) 14 EHRR 153 | Press access and open justice | Supported the principle that courts should provide documents and information to the press unless there is good reason not to |
| Szombathely City Court v Fenyvesi [2009] EWHC 231 (Admin) | Admissibility of evidence in extradition appeals | Referenced for criteria on admitting new evidence in extradition appeals |
| R v Canavan; R v Kidd; R v Shaw [1998] 1 WLR 604 | Sentencing principles for multiple offending counts | Referenced regarding sentencing considerations for multiple incident counts |
| Steel v United Kingdom (1999) 28 EHRR 603 | Binding over orders and human rights | Guidance on the practice of imposing binding over orders in light of ECHR |
| Hashman and Harrup v United Kingdom (2000) 30 EHRR 241 | Binding over orders and human rights | Further guidance on binding over orders consistent with human rights principles |
Court's Reasoning and Analysis
The court structured the Criminal Practice Directions 2015 to align with the Criminal Procedure Rules 2015, ensuring consistency and clarity in criminal court procedures across England and Wales. The directions emphasize the overriding objective of the criminal justice system: to deal with cases justly, efficiently, and expeditiously, while safeguarding fairness and public confidence.
The directions provide detailed guidance on case management, including requirements for early identification of issues, communication between parties, and preparation for trial hearings. They address the treatment of vulnerable witnesses and defendants, the use of intermediaries, and special measures to ensure effective participation in proceedings.
Provisions relating to bail, custody, and trials in absence are carefully balanced to uphold defendants’ rights while maintaining the administration of justice. The directions also clarify the procedures for disclosure of evidence, including unused material, and the management of expert evidence and witness statements.
For trials, the directions set out the roles and responsibilities of judicial officers, including justices' clerks/legal advisers, and provide detailed protocols for jury management, including instructions, handling irregularities, and majority verdicts.
The sentencing sections incorporate established case law and guidelines, emphasizing the court's discretion and the importance of clear factual bases for pleas and sentencing indications.
Appeals and extradition procedures are addressed with an emphasis on timely and efficient case management, adherence to statutory requirements, and the provision of necessary documentation and authorities.
The directions also include provisions on court dress, modes of address, and the availability and citation of judgments, reinforcing the formality and decorum of criminal proceedings.
Specialized annexes address the management of complex categories of cases, including sexual offences in the youth court, cases involving very large fines, terrorism cases, and cases handled by the Organised Crime Division of the Crown Prosecution Service, ensuring appropriate judicial oversight and resource allocation.
Holding and Implications
The Criminal Practice Directions 2015 were approved and issued to replace the previous 2013 Directions and associated amendments.
The directions take immediate effect from 5 October 2015 and apply uniformly to all criminal courts in England and Wales. They serve as authoritative procedural guidance intended to promote fairness, efficiency, and consistency in criminal justice administration.
No new legal precedents are established by this document; rather, it consolidates and updates existing practice in accordance with statutory powers and established case law. The direct effect is to guide judicial officers, legal practitioners, and court staff in the conduct of criminal proceedings and case management.
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