Rule 3.2 The duty of the courtI1

England and Wales

(1)

The court must further the overriding objective by actively managing the case.

(2)

Active case management includes―

(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; and

(h)

making use of technology.

(3)

The court must actively manage the case by giving any direction appropriate to the needs of that case as early as possible.

(4)

Where appropriate live links are available, making use of technology for the purposes of this rule includes giving a live link direction for a person’s participation―

(a)

under a power to which rule 3.35 applies (Live link direction: exercise of court’s powers); and

(b)

whether an application for such a direction is made or not.

(5)

At the first hearing in a case the court must require a defendant who is present―

(a)

to provide―

(i)

the defendant’s name and date of birth; and

(ii)

at least one address at which documents may be served on the defendant under rule 4.4 (Service by leaving or posting a document), including any address at which the defendant resides, in order to facilitate effective communication between the court and the defendant; and

(b)

further to assist communication between the court and the defendant, to provide any―

(i)

electronic address by means of which written messages may be sent to the defendant, and

(ii)

telephone number by means of which oral messages may be given to or left for the defendant.

(6)

At any hearing after the first in a case the court may require a defendant who is present to provide or confirm the information required under paragraph (5).

(7)

Information required under paragraph (5)(a) must be provided in public unless the court otherwise directs.

(8)

If the defendant fails to comply with a requirement to provide name and date of birth―

(a)

the court that imposed the requirement―

(i)

may invite the prosecutor there and then to start a prosecution in respect of that failure, in accordance with the rules in Part 7 (Starting a prosecution in a magistrates’ court),

(ii)

must apply to any such prosecution the rules in Part 24 (Trial and sentence in a magistrates’ court), and

(iii)

in any such prosecution may receive evidence from court staff but must not, as a general rule, receive evidence from the defendant’s legal representative (if any) or from a member of the court; and

(b)

for the purposes of this paragraph the rules in Parts 7 and 24 apply in the Crown Court as well as in a magistrates’ court.

[Note. Under section 51 of the Criminal Justice Act 2003^f1, the court may require or permit any person to take part through a live audio or video link in the pre-trial, trial, sentencing, enforcement and appeal proceedings listed in that section. Under section 52A of the Act^f2, a person who takes part in accordance with a live link direction is to be treated as present in court.

Under section 86A of the Courts Act 2003^f3, Criminal Procedure Rules must specify stages of proceedings at which the court must require the defendant to provide name and date of birth and may specify other stages of proceedings at which such a requirement may be imposed. Under section 86A(3) a person commits an offence if, without reasonable excuse, that person fails to comply with such a requirement, whether by providing false or incomplete information or by providing no information. Under section 86A(6) the court before which a person is required to provide that information may deal with any suspected such offence at the same time as dealing with the offence for which the person was already before the court.]

Annotations

Commencement

I1: Rule 3.2 in force at 6.10.2025, see Preamble

Footnotes

f1: 2003 c. 44; section 51 was substituted by section 200 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).
f2: 2003 c. 44; section 52A was inserted by paragraph 1 of Schedule 20 to the Police, Crime, Sentencing and Courts Act 2022 (c. 32).
f3: 2003 c. 39; section 86A was inserted by section 162 of the Policing and Crime Act 2017 (c. 3).