A new Practice Direction on Listing in the Criminal Courts is the first national framework for listing cases, providing consistency of approach across criminal courts in England and Wales. It provides direction to judges on prioritising cases based on the human impact of delay on participants and ensuring fairness in court proceedings. It will come into effect on 1 October.
The Practice Direction also deals with listing arrangements in the magistrates’ courts where there is already greater consistency of approach than is the case in the Crown Courts. It is expected that further changes in practice may follow the implementation of new governance arrangements for that jurisdiction.
The new Criminal Practice Direction for Listing has been developed by a working group of the Criminal Courts Improvement Group, led by Lord Justice Edis. It establishes a judiciary-led, standardised approach to listing Crown Court cases and is designed to improve consistency across the criminal courts.
Under the new framework, Crown Court judges will be required to actively monitor cases and engage in structured pre-trial processes to ensure that trials are only listed when they are ready, or expected to be ready. This is intended to reduce ineffective trials and support more efficient case management.
The Practice Direction on Listing also requires each of the 77 Crown Court centres in England and Wales to develop local listing plans in compliance with the national framework that will be published, improving transparency for the public and court users. Development of local plans will support engagement between courts and the legal professions, ensure that accurate and up-to-date information is available when listing decisions are made.
The Lady Chief Justice of England and Wales, Baroness Carr of Walton-on-the-Hill said:
“Minimising the impact of delay on victims, defendants and witnesses is the guiding principle of this new national approach to listing. It will help to ensure fairness, consistency and efficiency in listing of cases across our criminal courts, helping to tackle the backlog of criminal cases.
“I would like to thank everyone involved in developing the Criminal Practice Direction particularly Lord Justice Edis, whose leadership helped shape the new measures.”
Alongside the Practice Direction on Listing, new Crime Guidance on Remote Participation has been published, which will be implemented by 1 October. The guidance provides a clear and consistent framework for the use of live video links in criminal proceedings, supporting more efficient case management, reducing delay and improving access to justice while ensuring that remote participation is used appropriately in the interests of justice.
Together, the new Practice Direction on Listing and Remote Participation Guidance are intended to improve fairness, reduce delay and strengthen confidence in the criminal justice system.
