Case management is the process by which courts control the progress of criminal cases to ensure they are dealt with fairly and efficiently. The court sets timetables, gives directions, and manages the steps each side must take before trial. Good case management prevents delays, saves costs, and helps ensure the trial runs smoothly.
For you as a criminal practitioner, case management is where much of the real work happens. Disclosure issues, timetables, and pre-trial applications are all dealt with at case management hearings. If you miss a deadline or fail to comply with a direction, the consequences can be serious, including your client's case being weakened or even dismissed.
In the magistrates' court, case management starts at the Early Administrative Hearing (EAH). This is the first hearing after charge, and its purpose is to set the timetable for the case. The court will consider whether the defendant pleads guilty or not guilty, set dates for prosecution and defence statements, and deal with bail and legal aid applications.
The court gives directions setting out what each party must do and by when. Typical directions include: date for prosecution to serve primary disclosure, date for defence statement, dates for any pre-trial applications, and the date for trial. These directions are made under the Criminal Procedure Rules (CrimPR) and are legally binding.
Always diary the dates set at the EAH. Missing a deadline for serving a defence statement can have serious consequences for your client. If you need more time, you must apply to the court before the deadline expires, not after.
For either-way offences, the magistrates' court must deal with plea before venue (PBV). If the defendant pleads guilty, the court proceeds to sentence. If not guilty, the court decides whether to accept jurisdiction or send the case to the Crown Court. Indictable-only offences are always sent to the Crown Court, but the magistrates' court still deals with initial case management and bail.
The mode of trial decision can significantly affect your client. A summary trial in the magistrates' court has lower maximum sentences. A Crown Court trial has a judge and jury but potentially higher sentences. Think carefully about the advantages of each venue when advising your client.
The PTPH is the key case management hearing in the Crown Court. It takes place shortly after the case is sent for trial. The main purposes are: to confirm the defendant's plea, identify the issues in the case, set a timetable for further steps, and fix a trial date. The PTPH is governed by CrimPR Part 3 and Practice Direction 3B.
At the PTPH, the judge will ask the defendant to confirm their plea. If guilty, sentencing may follow. If not guilty, the judge will hear from both prosecution and defence about the issues in the case and how long the trial is likely to take. The judge then sets a timetable including dates for service of prosecution evidence, defence statement, any defence statements, and pre-trial applications.
Before the PTPH, you should have reviewed the prosecution evidence, discussed the case with your client, and identified the key issues. The PTPH is your chance to shape the trial timetable and raise any concerns about disclosure. Come prepared with a clear timeline of what you need from the prosecution and when.
After the PTPH, the court may hold further case management hearings (CMHs) if needed. These are used to deal with any outstanding issues, monitor compliance with directions, and address problems that have arisen. The court can vary or extend directions if there is good reason, but repeated failure to comply with directions will irritate the judge and may prejudice your client.
Some Crown Courts hold a Trial Readiness Review (TRR) close to the trial date. This is a final check that both sides are ready and all pre-trial applications have been dealt with. If a party is not ready, the court may consider what sanctions to apply. The TRR helps prevent trials from collapsing on the first day due to lack of preparation.
Disclosure is one of the most important aspects of criminal procedure. It ensures fairness by requiring the prosecution to share their evidence with the defence. Without proper disclosure, a defendant cannot properly prepare their case or challenge the prosecution's evidence. Failure to disclose material evidence can lead to unsafe convictions and miscarriages of justice.
Disclosure in criminal cases is governed by Part I of the Criminal Procedure and Investigations Act 1996 (CPIA 1996). The CPIA sets out the duties of both prosecution and defence regarding disclosure. It is supplemented by the CPIA 1996 Code of Practice (issued under s.23), which provides detailed guidance on how investigators should handle and reveal material.
The prosecutor must disclose to the accused any prosecution material which has not previously been disclosed to the accused and which in the prosecutor's opinion might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused.
Under the CPIA, "material" means anything that the prosecution has in their possession or control that has not been used as part of the prosecution case. This includes witness statements, police notes, CCTV footage, forensic reports, and any other documents or items. Material can come from the investigation or from other sources. The key question is whether it might undermine the prosecution case or assist the defence.
Primary disclosure under s.3 CPIA 1996 occurs after the defendant has pleaded not guilty. The prosecutor must disclose any unused material that might reasonably be considered capable of undermining the prosecution case or assisting the defence. The test is applied by the prosecutor, who reviews the material collected by the police and decides what must be disclosed.
The disclosure test is objective: would a reasonable prosecutor consider the material capable of undermining the prosecution case or assisting the defence? The threshold is low - "capable of" does not mean "would definitely". Material that merely casts doubt on a prosecution witness or supports an alibi would satisfy this test. If in doubt, the material should be disclosed.
Under s.5 CPIA 1996, the prosecutor must give the defence a written certificate stating that primary disclosure has been made. If the prosecutor believes there is no material requiring disclosure, they must certify this as well. This certificate is important because it triggers the defence obligation to serve a defence statement under s.6.
Secondary disclosure under s.7A CPIA 1996 is triggered by the defence statement. After receiving the defence statement, the prosecutor must review all material again and disclose anything that might reasonably be expected to assist the defence in relation to the issues raised in the defence statement. This is an ongoing duty that continues throughout the proceedings.
The defence statement is crucial because it triggers the duty of secondary disclosure. If you raise specific issues or defences in the defence statement, the prosecution must then look again at their material for anything relating to those issues. Be careful not to reveal your entire defence strategy, but do raise enough to compel disclosure of material that helps your client.
The prosecution's duty of disclosure is continuous, not a one-off event. If new material comes to light at any stage of the proceedings, the prosecutor must consider whether it needs to be disclosed. This applies right up to and during the trial. If the prosecution becomes aware of material that undermines their case during the trial, they must disclose it immediately.
Where the prosecutor is given a defence statement, the prosecutor must keep under review the question of whether at any time there is material which ought to be disclosed. If at any time the prosecutor becomes aware of material which ought to have been disclosed but has not been, the prosecutor must disclose it as soon as is reasonably practicable.
The CPIA Code of Practice (issued under s.23 CPIA 1996) provides detailed guidance for investigators on how to handle, record, and retain material obtained during an investigation. The Code is legally binding - investigators who fail to follow it can be criticised by the court and their handling of material may be subject to challenge.
The Code requires the appointment of a disclosure officer for each investigation. The disclosure officer is responsible for: cataloguing all material obtained during the investigation, deciding what is sensitive, retaining material securely, preparing schedules of unused material, and liaising with the prosecutor about disclosure. The disclosure officer plays a critical role in ensuring proper disclosure.
If the police fail to retain material that should have been kept, this can be a serious issue. The court may draw adverse inferences from the failure to retain evidence, and in some cases the prosecution may be unable to proceed. Always check whether material that should exist has actually been retained and properly catalogued.
Under s.5 CPIA 1996, the defence must serve a written defence statement on the court and the prosecutor. The defence statement sets out the general nature of the defence, any matters on which the defendant takes issue with the prosecution, and the reasons why. It is a crucial document that triggers secondary disclosure from the prosecution.
The accused must give a defence statement which sets out the nature of the defence, indicates any matters on which the accused takes issue with the prosecution, and sets out why the accused takes issue. Where the defence includes an alibi, the statement must give particulars of it.
The defence statement must: state the general nature of the defence, specify any particular matters on which the defendant takes issue with the prosecution (for example, disputing identification, alleging fabrication, or challenging the reliability of evidence), explain why those issues are taken, and give particulars of any alibi defence. The level of detail required depends on the complexity of the case.
If your client fails to serve a defence statement, the court may draw adverse inferences. The jury can be told that the defence has not provided any explanation or challenged any of the prosecution evidence. This can be devastating to the defence case. Always serve a defence statement, even if it is brief.
An alibi is evidence that the defendant was elsewhere at the time the offence was committed. It does not need to prove the defendant was somewhere innocent - just that they were not at the scene. The alibi may be supported by witnesses who can place the defendant elsewhere, or by evidence such as CCTV, phone records, or receipts.
Where the defence statement includes an alibi, the accused must give particulars of the alibi, including the name and address of any alibi witness, or sufficient information to enable the alibi witness to be identified and found. If the accused fails to do so, the court may refuse to allow the alibi evidence to be given.
The reason for strict alibi disclosure is to prevent "trial by ambush". If the defence springs alibi witnesses on the prosecution at trial, the prosecution has no opportunity to investigate or challenge those witnesses. By requiring early disclosure, the prosecution can check the alibi, interview the witnesses, and decide whether to accept or challenge the evidence.
If your client wants to rely on an alibi, get the details as early as possible. Interview potential alibi witnesses yourself to verify their evidence before putting it in the defence statement. Remember that alibi witnesses who are family or close friends may be viewed with scepticism by the jury.
Unused material is everything the police collected during their investigation that is not being used as part of the prosecution case. This includes witness statements from people not being called, police notes, CCTV that was viewed but not relied on, forensic test results that were negative, and any other material gathered during the investigation. Not all unused material needs to be disclosed, but it must all be recorded and considered.
The MG6C is the schedule listing all non-sensitive unused material. It is served on the defence and shows what material the police have that was not used in the prosecution case. Each item on the schedule includes a brief description of the material and a code indicating whether it has been disclosed to the defence or withheld. The defence should scrutinise the MG6C carefully and request inspection of anything that looks relevant.
The MG6D is the schedule listing sensitive unused material. Unlike the MG6C, the defence does not see the actual material listed on the MG6D. Instead, they receive a schedule showing the existence of sensitive material and a brief description of its nature. If the defence wants access to sensitive material, they must make a specific request and the court may need to decide whether it should be disclosed.
| Feature | MG6C | MG6D |
|---|---|---|
| Material type | Non-sensitive | Sensitive |
| Served on defence? | Yes - full schedule | Yes - but only descriptions |
| Defence can inspect? | Yes | Only with court order or PII application |
| Examples | Unused witness statements, police notes | Informant identities, intelligence reports |
| Disclosure officer duty | Must schedule and disclose if test met | Must schedule and refer to prosecutor for PII |
When reviewing the MG6C, look for gaps and inconsistencies. Are there material quantities that seem low for the type of case? Are there missing dates? Is material listed as "not disclosed" that you think should be? Request inspection of anything that might help your client. The defence has a right to inspect non-sensitive material on the MG6C.
Public Interest Immunity (PII) allows the court to order that certain material must not be disclosed, even though it would otherwise be disclosable. PII applies where disclosure would be contrary to the public interest, for example where it would reveal the identity of an informant, compromise national security, or endanger someone's safety. PII is a balancing exercise between the public interest in non-disclosure and the public interest in a fair trial.
When the prosecutor identifies sensitive material that may need PII protection, they apply to the court for a PII ruling. The judge reviews the material in private (ex parte) and decides whether the public interest in withholding it outweighs the public interest in disclosure. If PII is granted, the material is withheld from the defence. If PII is refused, the material must be disclosed.
The court must balance PII against the defendant's right to a fair trial under Article 6 ECHR. If withholding material would make the trial unfair, PII should not be granted. In extreme cases, the prosecution may have to abandon the case rather than disclose sensitive material. The right to a fair trial is a fundamental principle that cannot be overridden lightly.
If the defence believes that material is being wrongly withheld under PII, they can challenge the PII claim. However, the defence does not see the material being claimed as PII, so the challenge must be based on the general description provided. The judge may appoint a special advocate (in some types of proceedings) to represent the defence interest in the ex parte hearing, though this is more common in terrorism and national security cases.
Third-party disclosure is the process by which either the prosecution or defence obtains evidence held by someone who is not a party to the proceedings. This could include medical records, CCTV footage from private businesses, phone records, or documents held by other organisations. Third-party disclosure is governed by CrimPR Part 18 and the CPIA.
The defence can apply to the court for a witness summons or production order to compel a third party to produce documents or attend court. Under CrimPR Rule 18.2, the defence can also write directly to a third party asking them to preserve and produce material. The court will consider whether the material is likely to be relevant and whether it is in the interests of justice to order its production.
A person who is not a party to criminal proceedings but holds material which is relevant to an investigation or proceedings may give it to the prosecutor or a police officer. A request may be made by the defence for a third party to preserve material and produce it to the court.
Two common third-party disclosure requests are for medical records and CCTV footage. For medical records, you need the defendant's consent and should explain why they are relevant. For CCTV, act quickly because footage is often automatically deleted after a limited period (usually 30 days). Send a preservation letter as soon as possible.