Criminal Practice Directions 2015

The Criminal Practice Directions 2015 prescribe procedure for criminal courts in England and Wales. They require active case management that identifies the real issues promptly and prevents procedural delay or unfair tactical advantage. Courts must adapt procedure so that vulnerable witnesses and defendants can participate effectively, while maintaining a fair trial.

The Directions give detailed guidance on open justice, disclosure, evidence, jury management, guilty pleas, sentencing, appeals, contempt, extradition and listing. They require proportionate, transparent decision-making, adherence to statutory safeguards, and timely preparation by parties and courts.

In an approved judgment of the Court of Appeal (Criminal Division), the Lord Chief Justice issued the Criminal Practice Directions 2015 under statutory powers to direct criminal-court practice and procedure.

The Directions replace the earlier Criminal Practice Directions issued in 2013 and their stated amendments. They came into force on 5 October 2015 and apply in all criminal courts in England and Wales.

This was not an appeal between parties. It was the consolidated issuance of procedural directions supplementing the Criminal Procedure Rules 2015.

1. Directions issued. The Court issued the Criminal Practice Directions 2015. They replaced the 2013 directions and stated amendments, subject to the continued force of specified forms in the earlier consolidated direction. They apply from 5 October 2015 to all criminal cases in England and Wales.

2. Fair and efficient procedure. A fair criminal trial requires the prosecution to prove its case and preserves the defendant’s right not to incriminate himself or herself. It does not permit guilt or innocence to turn on procedural manoeuvres. Courts and parties must identify the issues early, communicate effectively, comply with directions, and actively manage cases in furtherance of the overriding objective.

3. Participation and evidence. Courts must take reasonable steps to facilitate the attendance and effective participation of witnesses and defendants. Where a person is young or vulnerable, the process and questioning may require adaptation. Ground rules hearings, appropriate special measures and, where available, intermediaries may be needed. Expert opinion evidence requires a sufficiently reliable scientific basis before it is admitted.

4. Open justice and trial management. Access to court information must be decided case by case, with proper weight given to open justice, fair reporting, statutory restrictions and the legitimate interests of others. Trial judges must address jury irregularities promptly and fairly. A trial in a defendant’s absence remains exceptional and requires careful consideration of the interests of justice.

5. Plea and sentencing procedure. A basis of plea must accurately identify any material factual dispute. The court retains control over whether a dispute requires a Newton hearing. A Goodyear indication may be given only on the defendant’s request and is ordinarily binding if the defendant then pleads guilty, subject to exceptional circumstances and overriding statutory obligations.

Not applicable. This was the issuance of practice directions, not the determination of an appeal from a lower court.