Case Summaries for Judges
Updated - 23/01/08
Principle
The Director of Public Prosecutions has agreed with the judiciary that case summaries for judges will only be prepared by the CPS in certain cases:
- all class 1 cases as defined by the Practice Direction (Crown Court: Allocation of Business) (No3) [2001] 1W.L.R. 203 (Archbold, 2-17)
- class 2 cases as defined by the Practice Direction, where the CPS consider that a summary would be appropriate.
- cases of such length or complexity that the CPS consider that the trial judges requires a summary to assist in preparing for the hearing;
The agreed criteria are intended to be binding; you must not make local agreements to provide a more comprehensive service.
Case summaries for judges should not be confused with summaries provided to assist the court in the allocation of its work. refer to Crown Court Case Preparation Package - Brief to Counsel, elsewhere in this guidance.
Guidance
Summaries for judges will be appropriate in lengthy or complex cases involving:
- terrorism;
- serious fraud or armed robbery;
- serious sex offences involving many offences, defendants or victims;
- serious conspiracies;
- violent disorder or affray;
- offences where many defendants have played different roles;
- one or more defendants have played different roles
- one or more defendants who have been involved in many related criminal activities; or
- substantial forensic evidence or substantial reliance on many interviews by investigating officers
If a judge wants a summary in a case that falls outside the agreed criteria, he will refer it to the presiding judge, who may refer it to the CPS.
A case summary prepared by the CPS is intended to give the judge a reasonably detailed statement of what the case is about. It should assist the judge to focus on the issues expected to be tried. It may assist the judge in deciding on a time estimate.
Summaries prepared by the CPS for judges should neither be confused with nor equated with summaries prepared by the court in order to assist the presiding judge to allocate cases.
You will need to examine all class 2 cases to decide whether or not a summary is appropriate.
Case summaries may take the form of an opening note and will include:
- an indication of the nature of the defence, if it has been notified to us or is apparent from the current available evidence;
- references to the relevant pages of the Committal Volumes and the counts on the indictment; and
- a chronology, unless counsel considers one unnecessary.
Counsel will settle case summaries. The reviewing lawyer may prepare a draft summary to be submitted to counsel for approval.
Further Information
Archbold 2-17
Crown Court Case Preparation Package - Brief to Counsel