Wolverhampton Law Society Founded in 1847



Friday, 6 February 2015

Listing Policy Issued by Local Courts


West Midlands and Warwickshire Judicial Business Group

Listing Policy (Adult and Youth Cases)

1.             Introduction

Listing is a judicial responsibility and function. Its purpose is to ensure that:
  • all cases are brought to a hearing or trial in accordance with the interests of justice,
  • the resources available for criminal justice are deployed as effectively as possible, and
  • cases are heard by an appropriate Judge or Bench with the minimum of delay.
This policy sets out the principles by which the Magistrates’ Courts in West Midlands and Warwickshire will achieve this aim.
It is issued by the West Midlands and Warwickshire Judicial Business Group (JBG).  It applies to all adult and youth court cases listed in courts across the Cluster/Clerkship.  Family work is subject to separate arrangements.
Nothing in this policy is intended to interfere with judicial discretion and decision-making in individual cases.

2.             Responsibilities

Judicial Business Group
The JBG, subject to the supervision of the Presiding Judges of the circuit, is responsible for determining the listing practice in the area.
Under the Protocol for Responsibilities for the Leadership and Management of the Judicial Business of the Magistrates’ Courts[1] , the JBG is responsible for ensuring that, at Clerkship level, there are appropriate arrangements in place for the conduct of the judicial business of the area.  In particular, the key responsibilities of the JBG include:
  • Ensuring that that the judicial business of the courts is conducted in a speedy and efficient manner in the interests of justice;
  • Setting strategic listing policies for the Magistrates’ Courts;
  • Reviewing overall performance of the judicial business in the clerkship and reviewing listing policies in light of such performance;
  • Considering clerkship wide issues relating to the conduct of judicial business, including distribution of work between courts, any delays or backlogs at courts within the clerkship.
The JBG retains oversight of all sitting programmes and will in particular make decisions in respect of cross-local justice area (LJA) matters
 
Judicial Leadership Groups
The key responsibilities for the JLGs include:
  • ensuring listing policies agreed by the JBG are operated properly;
  • ensuring that all cases are brought to hearing or trial with the minimum of delay, with any delays or backlogs reported to the JBG;
  • reviewing and amending court sitting programmes at Bench level and escalating any concerns to the JBG.
Justices’ Clerk
The key responsibilities of the Justices’ Clerk include:
  • drafting listing policies for agreement by the JBG, taking into account the key principles as set out in the Consolidated Criminal Practice Direction on Listing and Allocation. 
  • drawing up court sitting programmes for each Local Justice Area (LJA) in the Clerkship for review by the appropriate Judicial Leadership Group (JLG). Court sitting programmes will be determined in accordance with this policy and any decisions of the JBG as to the distribution of work.
  • the day-to-day operation of the listing practice, with the assistance of the Deputy Justices’ Clerk and listing officers.

3.             Aims of the Policy

The aims of this Policy in relation to the listing of cases and the management of court business in the Clerkship are:
  • To ensure that the judicial business of the courts is conducted in a speedy and efficient manner in the interests of justice  and to avoid any unnecessary delay in the processing of cases;
  • To ensure that listing practices take account of the key principles as set out in the Consolidated Practice Direction on Listing and Allocation;
  • To be sympathetic and receptive to the needs of users, including victims and witnesses, attending court;
  • To require all people using the courts to adhere to the Criminal Procedure Rules 2013 (Crim PR) and Criminal Practice Directions governing the conduct of cases;
  • To establish, maintain and operate planned court sitting programmes for each LJA making optimum use of available resources.

4.             General Principles

Usual Court Sitting Day
The aim is that all courts will be scheduled for 6 hours, with one hour for lunch.   Morning sessions will commence at 10.00 a.m. and finish at 1.00 p.m. unless the court directs otherwise.  Afternoon sessions will commence at 2.00 p.m. and aim to rise at 5.00 p.m unless the court directs otherwise.  Before making such a direction the court will invite representations from the parties and consult with the Legal Adviser in court. Full day sittings will be incorporated into court sittings programmes.  Half day sittings should be the exception, unless they form part of agreed flexible court options.   
Hearing Times
Defendants will be required to attend so that they arrive at least 30 minutes before the time stated for their hearing.

Procedure Rules

Courts will comply with the relevant Procedure Rules[2] and Practice Directions, and will expect people conducting business before the court to do so. 

Review

The Policy will be reviewed by the JBG annually.

5.             Court Sitting Programmes

The Justices’ Clerk or his Deputy Justices’ Clerk will draw up court sitting programmes for the Clerkship for review by the Judicial Leadership Groups (JLGs).  The court sitting programmes should be built in line with allocation levels and implemented following consultation with relevant internal and external stakeholders. They should be designed to facilitate a steady and efficient flow of work through the Criminal Justice System.
Sittings programmes will be reviewed by JLGs at least six monthly with a view to implementing any changes in October and April.
The sitting programmes for Magistrates’ Courts within the Clerkship are as set out in Appendix B to this Policy.   There is an expectation that courts so scheduled will be run on a regular basis, although court sessions may be cancelled by the Deputy Justices’ Clerk if there is insufficient work, and additional courts run where the interests of justice so require.
There will be no permanent amendment to the sitting programmes without the approval of the relevant JLG or the JBG as appropriate

6.             Appropriate Weightings and Planning of Court Lists

For planning and listing purposes, the court list will be constructed (and the Libra diary set up) in accordance with the following assumptions:
 
Trial Courts
Wherever possible, at least two trial courts should be run simultaneously at the same site. 
Trial courts will have a 100% overbooking factor (ie double listed).
Trials should be measured in terms of hours and minutes rather than am and pm sessions or whole day sessions so that lists can be built more efficiently.
 
 
 
Non Trial Courts
The following standard timings will be used for non-trial courts:
 
Work Type
Timings Per Case
1st Hearing (GAP)
12 mins
1st Hearing( NGAP)
24 mins
1st Hearing (RTA) (except bulk lists)
5 mins
1st Hearing Non CPS   (except bulk lists)
10 mins
Video Link remand cases
15 mins
Pre-sentence report
20 mins
Deferred sentence
30 mins
DTTO review
15 mins
Application to vary bail – opposed
10 mins
Application to withdraw warrant
5 mins
Application to remove disqualification
30 mins
Adjournment for disqualification to be considered
10 mins
Exceptional Hardship
20 mins
Application to Re-open
10 mins
Breaches
10 mins
For bulk courts:
  • Road Traffic Courts  70 - 100 cases per day
  • Rail, and Vehicle Licenses – 120 cases per day
  • TV Licences – 200 - 300 cases per day
The standard timings may be varied for good reason taking each case on its merits where to use the standard time would seriously undermine the court’s ability to deal with the cases justly.
The use of these timings is not to be understood as an expectation that individual cases will take this length of time – the timings are simply an average to be used for planning purposes and for allocation in the Libra diary.

7.             The Issue of Process and Adjournment Guidelines

The following standards apply in respect of all offences as the maximum amount of time that should normally be taken to complete each stage in the process.  Efforts should always be made to improve upon that time.
These Guidelines are issued on the basis that the requirements of the Crim PR at first and all subsequent hearings are complied with by the Court and all parties.
 
Laying of information / issue of postal requisition to first listing
21 days
Bail granted by Police Under S47(3) PACE
10 working days (subject to courtroom availability and subject to change on implementation of Transforming Summary Justice)
Defendant to see solicitor / solicitor to take instructions / review ID
Stand down on day of first hearing(subject to change on implementation of Transforming Summary Justice)
Trials (bail cases)
It is the court’s target to list trials as close to six weeks from first hearing as possible, and no later than 8 weeks.  The Court will seek first date available to court, also taking account of dates convenient to relevant witnesses and parties (having regard to leave / holidays and shift patterns notified at time of listing).  If the case is unable to be listed within eight weeks, the court will give less weight to the convenience of parties/witnesses.
Cases involving very young witnesses (witnesses under the age of 10) are to be heard within 12 weeks of complaint wherever feasible
It is recognised that many of the courts in the area cannot currently list trials within these timescales, and JLGs will work to reduce the delays in trial times
Trials (custody cases)
The aim is to list as soon as possible within 28 days.  In any event, custody time limits must not be exceeded.
Cases involving very young witnesses (witnesses under the age of 10) are to be heard within 12 weeks of complaint wherever feasible
Part heard trials
As soon as possible and in any case within 28 days.  The court will expect advocates to give priority to part-heard cases.
Production order (HOPO)
7 days.  Reasons must be provided for not utilising the video link.
 
Print-out
Stand down  - Obtain via DVS or DVLA Link forthwith
PSRs
Should be dealt with on the day of the hearing by way of an oral report where possible.  If an adjournment is required, 14 days in custody, 21 days on bail for PSR
Medical/psychiatric report
21 days in custody and 28 days on bail (or shortest period which will allow report to be prepared)
To attend re disqualification (if not disqualifying in absence)
14 days
Note – in police bail cases, the Justices Clerk may reach specific agreements as part of local initiatives to improve performance.

8.             Listing of Custody Cases

When considering the listing of custody cases it must be remembered throughout that the liberty of an individual is at stake, and the administrative convenience of the court or other agencies cannot be used to interfere with the right of the individual not to be deprived of his/her liberty save in accordance with law.  It is however important for cases to be properly listed, so that the court, advocates and users are aware of cases listed and have the opportunity to prepare.
In all cases, the use of television links must be used for second or subsequent hearings unless the court considers it is not in the interests of justice and reasons given in open court and recorded in the court register.  Unless the case is listed for trial, the starting point will be that the hearing will be by live link.
Annex A sets out the principles by which the first listing of custody matters will be dealt with.

9.             Expectations at First Hearing

In criminal cases, the court will expect all people conducting business before the court to have complied with their duties under Crim PR.
 
The Duty of the Court
 
3.2.
(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.
 
The Duty of the Parties
 
3.3. -
Each party must
(a) actively assist the court in fulfilling its duty under rule 3.2, without or if necessary with a
direction; and
(b) apply for a direction if needed to further the overriding objective.
  • The prosecution – to have complied with Crim PR Pt21 and to have served initial details of the prosecution case on the court and defence
  • The defendant - to enter a plea or an indication of plea
  • All parties - to deal with allocation, where relevant
  • The prosecution – to prove the case (by the use of section 9 statements) in the absence of the defendant in all summary non-imprisonable cases started by charge, summons or postal requisition.
In cases where the defendant pleads not guilty, the court will hold a case management hearing and fix a trial; and will expect all people conducting business before the court to comply with their obligation to assist the court in actively managing the case in accordance with Crim PR Rule 3.2.  In listing trials the Court considers the need to schedule all trials without undue delay, to make efficient use of courtrooms and achieve a balance of fairness between parties and those attending to give evidence.  In particular, the court will expect at the case management hearing:
  • The real trial issue(s) to be identified;
  • Section 10 admissions to be used wherever possible to deal with relevant uncontested issues;
  • The only witnesses expected to be called will be those whose evidence is directly relevant to the trial issues, and that unless the required notification has been given, that the evidence will be in the format of a section 9 statement;
  • The needs of the witnesses should be taken into account, and the use of television links for witness evidence should be considered;
  • Issues relating to special measures / bad character etc should wherever possible be considered at the case management hearing, and the court will deal with such matters of its own motion, having heard representations from the parties;
  • A realistic time estimate will be fixed, taking into account the expected time for the evidence of each witness and deliberation time;
  • In appropriate cases, and in every case estimated to last more than one day, a timed witness schedule will be drawn up
  • Each case should be tried within as short a time of its arrival in the court as is consistent with the interests of justice, the needs of victims and witnesses, and with the proper and timely preparation by the prosecution and defence of their cases in accordance with the directions and timetable set;
  • If the earliest trial date available in the local justice area is more than 8 weeks, the court may consider whether it is in the interests of justice to list the case in another local justice area within the clerkship, if an earlier date is possible at that other court.
Each trial shall be designated as a High, Medium or Low Priority Trial.  Classification will be determined by the Legal Adviser in court after hearing representations from the parties.  When adjourning a case the Court / Legal Adviser shall satisfy itself / himself/herself that there is appropriate availability for that class of trial on the adjourned date.
 
High Priority
Medium Priority
Low Priority
·      All trials where children attend the hearing as witnesses or defendants
·      Trials where the defendant is remanded in custody
·      Trials listed for over a day
·      Trials involving vulnerable and/or intimidated witnesses required to give evidence (special measures cases)
·      Cases involving a novel or complex point of law
·      Cases involving expert evidence
·      Cases where a witness has a disability
·      Cases involving witnesses who have to travel a substantial distance
·      Prosecutions for domestic abuse
·      Prosecutions for sexual assaults
·      Prosecutions for hate crimes
·      Prosecutions for witness intimidation
·      Prosecutions for Prevention from Harassment Act & and breach of protective orders
 
·      All other trials (Examples of low priority cases are: - Minor Road Traffic cases, minor public order offences, shoplifting cases, criminal damage, etc.  They are cases without any complex issues of fact or law.) (Consideration should also be given to the number of live prosecution witnesses.)
 
Cases put off for lack of court time will go up one category.
NOTE: Due to this classification ALL Youth trials are regarded as High Priority.  However, the Court will continue to double list trials in the Youth Court.
 
10. Expectations for Trial Hearings
Witnesses should only have to attend court once.  Witnesses should only be called if required. Witnesses called to court should give their evidence as soon as possible or the Court will release them until required.  In particular, trials must be managed on the hearing day by the court and all parties so that the needs of the witnesses and victims are met in compliance with the Code and Charter as far as is possible. Witnesses required to attend for a 10am trial hearing must be warned their attendance may be required for the full day.
Fairness between the Prosecution and the Defence requires that all Advocates have sufficient time to prepare the case for trial before the trial date.
It is the Court’s expectation that trials can be moved between courts on the day of trial where to do so will save an adjournment.  Trials can therefore be moved on the day to a different court room and prosecuted by a different Advocate after that Advocate has been allowed reasonable time for preparation and discussion with the transferring out Advocate.
Where a case is adjourned, the Justices will explain to the witnesses the reasons for the adjournment at the time of the adjournment being made.
The court will expect parties to be ready to start a trial immediately the court starts.  If more than one case is listed, priority will be given to High Priority and Medium Priority trials (in that order).  All parties should be present at or before the session start time to assist the court in deciding priorities.
Priority should be accorded to the trial of young defendants and cases where there are young witnesses.  Custody time limits must be observed.  In either of these cases, existing trials may be displaced in order to avoid delay (always taking into account the needs of the cases already listed).

10.          Failure to Comply with Rules / Directions

The Court will expect and enforce compliance with the requirements of the Crim PR in order to manage cases in a proactive and timely fashion.
Where a party has failed (or expects to fail) to comply with a requirement of the Rules or a specific direction, it should notify (in writing) the court and any other party immediately.  The notification should include reasons for the failure, an indication of the timescale in which the requirement can be met, and any application to vary the timescales.  If the trial hearing is at risk as a result of the failure, this should be highlighted.  Any of the other parties objecting to any application to vary the timescale should do so in writing (to court and all parties) within 2 working days.  After 2 working days, the application will be considered out of court by a Legal Adviser.
If a party fails to notify the court of its own failure, the other party/ies should contact the defaulting party to require compliance, or the information above within 2 working days.  If the first party continues to default, the other party/ies should contact the court, The indication should state whether the party wishes any further directions and/or for the matter to be further considered by the court.  If so, the party should indicate what it expects the court to do.  A Legal Adviser will then consider whether the matter should be listed before the court.  At such a hearing, the court will expect the defaulting party to provide it with the relevant information if the requirement remains unmet (ie the reason for the default, an estimate of the timescale for remedying the default, an indication if the trial is at risk).  As well as deciding on how to deal with the default, the court will consider wasted costs in all matters so listed, and all parties should therefore come to such a hearing with the necessary information to enable this issue to be dealt with

11.          Vacating Trials

Once a trial date has been fixed, the court will expect the trial to proceed on that date.  It is recognised, however, that on occasions there are good reasons why a trial may not proceed on the given date.  In accordance with the Criminal Procedure Rules where a party becomes aware of a reason why the trial may not be able to proceed on the given date they must promptly inform the court and other parties.
Application to set aside trial dates will normally be dealt with in writing out of court by a Legal Adviser under delegated authority.  Exceptionally, the Legal Adviser may direct that the matter is to be considered orally before the court.  The procedure to be followed is:
  • Prior to making application to the court the party making the application should inform the other party/ies, explaining the reasons for the request and ascertaining whether they consent.
  • If all parties consent, the applicant must notify the court in writing, specifying the reasons for the application and the date that the other party/ies consented.  Applications to vacate will be considered in the interests of justice and will not be granted simply because both parties consent. 
  • Where consent has not been given, the applicant must notify the court and all other parties in writing, specifying the reasons for the application and (i) the date and time that notice was given to the other party/ies and (ii) confirmation that the other party/ies have been notified that they should notify the court and all other parties of any representations in writing within 2 working days.  Where the application is to fix a new hearing date, the applicant must also provide witness availability
  • If the trial hearing is imminent, the applicant may contact the court for a direction that the period of 2 working days is reduced.
  • All other parties may make representations to the court in writing.  They should also provide witness availability where the application is to fix a new hearing date.
  • After the period of 2 working days (or such other period as is specified) has elapsed, the written application and any representations in writing will be considered by a Legal Adviser, who will decide whether to set aside the trial.  All parties will be notified of the decision and the reasons, and, where a new date has been fixed, that date and time.
Although every case will be considered on its own merits, parties should note that the following will not normally be considered to be good reasons on their own to set aside a trial date:
  • The non-availability of the witness where the witness had made himself unavailable without good reason, or where a party did not have witness availability when the trial date was fixed;
  • The non-availability of non-essential witness;
  • The non-availability of a particular Advocate.
 

12.          Allocation of Cases to the Judiciary

District Judge (Magistrates’ Courts)
All cases in the Youth Court involving allegations of sexual offences which are capable of being committed for trial at the Crown Court under the ‘Grave Crime Provisions’ must be dealt with in accordance with the Protocol on sexual cases in the Youth Court[3], and therefore allocated to an authorised DJ(MC) for the initial hearing wherever possible (or if not possible, referred to an authorised DJ(MC) following the hearing).
In other cases, DJ(MC)s should generally be deployed in accordance with the presumptions set out in the Protocol to Support Judicial Deployment in the Magistrates’ Courts[4], and in particular the following cases should normally be listed for hearing before a DJMC:
  • Cases involving complex points of law and evidence;
  • Cases involving complex procedural issues;
  • Long cases;
  • Interlinked cases (given the need for consistency, together with their likely complexity and novelty);
  • Cases for which armed Police Officers are required in court, such as high end firearms cases (note that these must be dealt with in accordance with the Procedure for armed police presence in Crown Court and Magistrates’ Court buildings[5])
The absence of a DJ(MC) for such a case however should not in itself be a reason to delay or adjourn a hearing.

13.          Miscellaneous Matters

Psychiatric Reports                      
Adjournments for psychiatric reports are often the cause of delay.  Courts will be advised to be vigilant in resisting applications for reports unless persuaded that the reports will assist the Court in sentencing.  The Court Psychiatric Nurse and diversion scheme must be accessed before any formal request for reports is considered 
Where the defendant fails to attend, the Court will proceed in the absence of the defendant in accordance with the guidance on Dealing with Cases in Absence in the Magistrates’ Court[6].
Prioritising Cases in the Courtroom
Trials will be prioritised in accordance with their categorisation (see section 9).
In other cases:
  • Where a list includes youths and adult defendants, the youth cases should be dealt with first.  This is particularly true in respect of youths in custody, and arrangements must be made for such cases to be called on as soon as practicable
  • Where a list includes bail and custody cases, custody cases should be prioritised to ensure that time spent in custody at court is minimised and (if relevant) early arrangements for transportation to a prison can be made.  Women and youth offenders in custody should be prioritised wherever possible due to the need to make special arrangements if remanded in custody.
  • Cases involving allegations of breach of bail conditions must be heard as soon as practicable and in any event within 24 hours of arrest


Annex A – Custody Cases


In dealing with custody cases, it must be remembered throughout that the liberty of an individual is at stake, and the administrative convenience of the court or other agencies cannot be used to interfere with the right of the individual not to be deprived of his/her liberty save in accordance with law. 

However, in order to ensure the effective listing of cases, the following procedures should normally be followed:

Custody cases will be listed for hearing in the next available court session after the defendant’s charge / arrest.  The police must make the necessary arrangements for the prisoner and any required paperwork to be delivered to the court, and the case will be listed in accordance with the tables below.  If there is a doubt about whether a prisoner and/or paperwork will be delivered by the relevant time, the court should be notified and permission given before transport arrangements are made.

 

Time Court Notified in writing
Time Prisoner Received at Court
Time Court ready papers received at Court
Will Court Accept?
Other Action required
Prior to 9.00 a.m.
Prior to 11.00 a.m.
Prior to 11.00 a.m.
Automatically where the Court is scheduled to sit all day or half day.
None
Prior to 9.00 a.m.
Prior to 1.00 p.m.
Prior to 1.00 p.m.
Automatically where the Court is scheduled to sit all day.  Specific permission must be sought where the Court is scheduled to sit for a half day only.
None
Prior to 11.00 a.m.
Prior to 1.00 p.m.
Prior to 1.00 p.m.
Automatically where the Court is scheduled to sit all day.
Specific permission must be sought where the Court is scheduled to sit for a half day only.
Notify Legal Adviser of additional cases
Prior to 1.00 p.m.
Prior to 3.00 p.m.
Prior to 3.00 p.m.
Permission of the Court must be sought and is likely to be given except in exceptional circumstances.
Notify Legal Adviser of additional cases.  The Legal Adviser will ask the justices or District Judge sitting.
Post 1.00 p.m.
Prior to 3.00 p.m.
Prior to 3.00 p.m.
Permission of the Court must be sought and is likely to be given except in exceptional circumstances.
Notify Legal Adviser of additional cases.  The Legal Adviser will ask the justices or District Judge sitting.
NOTES
This document is issued as a guide to those dealing with prisoners due before the Court and represents the Listing Policy of the Court. The  Policy must not override judicial discretion and scrutiny of individual cases.  Any refusal to accept a case must be regarded as a further refusal of liberty without judicial scrutiny.  Before making a decision to refuse a prisoner the Legal Adviser or Magistrates must consider the individual case on its merits and consider the following checklist:
  • The personal characteristics of the prisoner, including age, vulnerability, medical/health needs
  • Any information provided by the statutory agencies, including security issues
  • The time of day
  • The amount of prisoners remaining on site to be dealt with
  • In respect of persons arrested for breach of bail conditions, whether the next available court might otherwise be beyond the period of 24 hours from arrest
  • Any other particular circumstances requiring that the person be given an expedited hearing, or where the interests of justice otherwise require
Where a prisoner or paperwork is not received by the Court before 3.00 p.m., when the Court is scheduled to sit all day, or 11.30 a.m. where the Court is scheduled to sit a half day, the prisoner and case will be refused unless in the opinion of the Court there are exceptional issues in the case which have been communicated to the Court in writing before it is due to rise. 
The Court is due to rise no later than 5.00 p.m. on a full day and 1.00 p.m. on a half day subject to the acceptance of additional prisoners after scrutiny against the checklist above. 
Where a prisoner or paperwork notified to the Court arrives at the Court after the time given above the permission previously given will be rescinded and a further permission should be sought.
For the purposes of this document the Court is defined as the Legal Adviser or Justices or District Judge present in the court room.
Any enquiry concerning the interpretation of this document must be referred to the Justices’ Clerk.
 

Where permission is required to be sought, it should be given if the court (taking account of any work already listed) would reasonably expect to be able to deal with the case before its usual finish time (1pm for half day courts or 5pm for all day courts).

 


 

 

Annex B – Court Sitting Programme


 

THE BLACK COUNTRY


 

BIRMINGHAM & SOLIHULL


 

 

COVENTRY & WARWICKSHIRE




[1] issued by the Senior Presiding Judge December 2013
[2] Criminal Procedure Rules 2013 and Civil Procedure Rules
[3] issued by the Senior Presiding Judge July 2014
[4] November 2012
 
 Issued November 2013 by the Senior District Judge (Chief Magistrate) and Justices Clerks’ Society