The Criminal Procedure Rules 2020

Case preparation and progressionE+W

3.8.—(1) At every hearing, if a case cannot be concluded there and then the court must give directions so that it can be concluded at the next hearing or as soon as possible after that.

(2) At every hearing the court must, where relevant―

(a)if the defendant is absent, decide whether to proceed nonetheless;

(b)take the defendant’s plea (unless already done) or if no plea can be taken then find out whether the defendant is likely to plead guilty or not guilty;

(c)set, follow or revise a timetable for the progress of the case, which may include a timetable for any hearing including the trial or (in the Crown Court) the appeal;

(d)in giving directions, ensure continuity in relation to the court and to the parties’ representatives where that is appropriate and practicable; and

(e)where a direction has not been complied with, find out why, identify who was responsible, and take appropriate action.

(3) In order to prepare for the trial, the court must take every reasonable step―

(a)to encourage and to facilitate the attendance of witnesses when they are needed; and

(b)to facilitate the participation of any person, including the defendant.

(4) Facilitating the participation of the defendant includes finding out whether the defendant needs interpretation because―

(a)the defendant does not speak or understand English; or

(b)the defendant has a hearing or speech disorder.

(5) Where the defendant needs interpretation―

(a)the court officer must arrange for interpretation to be provided at every hearing which the defendant is due to attend;

(b)interpretation may be by an intermediary where the defendant has a speech disorder, without the need for a defendant’s evidence direction;

(c)on application or on its own initiative, the court may require a written translation to be provided for the defendant of any document or part of a document, unless―

(i)translation of that document, or part, is not needed to explain the case against the defendant, or

(ii)the defendant agrees to do without and the court is satisfied that the agreement is clear and voluntary and that the defendant has had legal advice or otherwise understands the consequences; and

(d)on application by the defendant, the court must give any direction which the court thinks appropriate, including a direction for interpretation by a different interpreter, where―

(i)no interpretation is provided,

(ii)no translation is ordered or provided in response to a previous application by the defendant, or

(iii)the defendant complains about the quality of interpretation or of any translation.

[F1(6) Facilitating the participation of any person includes―

[F2(a)giving directions for someone to accompany a witness if the witness so wishes while the witness gives evidence and at any other hearing; and]

(b)giving directions for the appropriate treatment and questioning of a witness or the defendant, especially where the court directs that such questioning is to be conducted through an intermediary.]

[F3(7) Where a witness will be accompanied―

(a)the court―

(i)may allow or require the companion to sit with the witness, and

(ii)if the companion is an advisor must as a general rule allow that advisor to sit next to or near the witness in the courtroom or at any other place where the witness takes part, subject to any direction under rule 3.9 (Ground rules hearing);

(b)before the hearing begins an accompanying advisor must notify the court, orally or in writing (but not in public unless the court otherwise directs) of―

(i)the advisor’s presence, the advisor’s name and the identity of the witness whom the advisor will accompany, and

(ii)the name and address of the organisation, if any, on behalf of which the advisor is providing the witness with support; and

(c)an advisor or other companion must not―

(i)discuss the evidence with the witness,

(ii)advise the witness on how to answer a question,

(iii)give the witness legal advice,

(iv)address the court unless asked to do so, or

(v)interrupt the hearing.

(8) For the purposes of this rule ‘advisor’ means an independent domestic violence advisor or an independent sexual violence advisor and―

(a)an independent domestic violence advisor is a person who provides support to an individual who is a victim of criminal conduct which constitutes domestic abuse within the meaning of the Domestic Abuse Act 2021; and

(b)an independent sexual violence advisor is a person who provides support to an individual who is a victim of criminal conduct which constitutes conduct of a sexual nature.]

[F4(9)]  Where directions for appropriate treatment and questioning are required, the court must―

(a)invite representations by the parties and by any intermediary; and

(b)set ground rules for the conduct of the questioning, which rules may include―

(i)a direction relieving a party of any duty to put that party’s case to a witness or a defendant in its entirety,

(ii)directions about the manner of questioning,

(iii)directions about the duration of questioning,

(iv)if necessary, directions about the questions that may or may not be asked,

(v)directions about the means by which any intermediary may intervene in questioning, if necessary,

(vi)where there is more than one defendant, the allocation among them of the topics about which a witness may be asked, and

(vii)directions about the use of models, plans, body maps or similar aids to help communicate a question or an answer.

[Note. [F5See also—

(a)rule 3.3(2)(g) which requires the parties to alert the court to any potential need for a witness to be accompanied while giving evidence; and

(b)rule 3.36(2)(h) (Content of application for a live link direction) and rule 18.10(f) (Content of application for a special measures direction) about the participation of a witness companion in the circumstances to which those rules apply.]

Part 18 (Measures to assist a witness or defendant to give evidence) contains rules about an application for a defendant’s evidence direction under (among other provisions) sections 33BA and 33BB of the Youth Justice and Criminal Evidence Act 1999(1).

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Where a trial in a magistrates’ court will take place in Wales, a participant may use the Welsh language: see rule 3.18. Where a trial in the Crown Court will take place in Wales and a participant wishes to use the Welsh language, see rule 3.34.]