PART 3CASE MANAGEMENT
GENERAL RULES
The duty of the court3.2.
(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 directing the use of such facilities, whether an application for such a direction is made or not―
(a)
for the conduct of a pre-trial hearing, including a pre-trial case management hearing;
(b)
for the defendant’s attendance at such a hearing―
(i)
where the defendant is in custody, or where the defendant is not in custody and wants to attend by live link, but
(ii)
only if the court is satisfied that the defendant can participate effectively by such means, having regard to all the circumstances including whether the defendant is represented or not; and
(c)
for receiving evidence under one of the powers to which the rules in Part 18 apply (Measures to assist a witness or defendant to give evidence).
(5)
Where appropriate telephone facilities are available, making use of technology for the purposes of this rule includes directing the use of such facilities, whether an application for such a direction is made or not, for the conduct of a pre-trial case management hearing―
(a)
if telephone facilities are more convenient for that purpose than live links;
(b)
unless at that hearing the court expects to take the defendant’s plea; and
(c)
only if―
(i)
the defendant is represented, or
(ii)
exceptionally, the court is satisfied that the defendant can participate effectively by such means without a representative.