Part 8 criminal procedure rules

  • Can a case be dismissed at pre trial hearing UK?

    Can a case be dismissed before trial UK? The answer to the question 'can the CPS drop a case before a trial' is yes.
    A case can be dismissed before trial in the UK in two different ways – formal acquittal and discontinuance..

  • Who decides if a case goes to court UK?

    At the CPS, it's our job to make sure that the right person is prosecuted for the right offence.
    We make this decision by applying our two stage legal test - which is set out in our Code for Crown Prosecutors.
    We make all our prosecution decisions based on this test no matter how serious or sensitive the case is..

  • At the CPS, it's our job to make sure that the right person is prosecuted for the right offence.
    We make this decision by applying our two stage legal test - which is set out in our Code for Crown Prosecutors.
    We make all our prosecution decisions based on this test no matter how serious or sensitive the case is.
  • The prosecution presents the case against the accused person in court.
    The prosecution must be independent, fair and impartial.
    The accused person and their lawyer are called the defence.
    Cases start in the Magistrates' Court, known as the committal stage.

Content of Initial Details

8.3.Initial details of the prosecution case must include— (a)where, immediately before the first hearing in the magistrates’ court

Use of Initial Details

8.4.—(1) This rule applies where— (a)the prosecutor wants to introduce information contained in a document listed in rule 8

What happens if a claimant does not use the part 8 procedure?

(4) The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court may give any directions it considers appropriate

(5) Where the claimant uses the Part 8 procedure, they may not obtain default judgment under Part 12

What is the part 8 procedure?

(1) The Part 8 procedure is the procedure set out in this Part

(2) A claimant may, unless any enactment, rule or practice direction states otherwise, use the Part 8 procedure where they seek the court’s decision on a question which is unlikely to involve a substantial dispute of fact

Rule 8. Joinder of Offenses or Defendants. (a) Joinder of Offenses. The indictment or information may charge a defendant in separate counts with 2 or more offenses if the offenses charged-whether felonies or misdemeanors or both- are of the same or similar character, or are based on the same act or transaction, or are connected with or constitute parts of a common scheme or plan.

Rule 8 If a defendant charged with a crime for which a sentence of imprisonment or commitment to the custody of the Department of Youth Services may be imposed initially appears in any court without counsel, the judge shall follow the procedures established in G. L. c. 211D and in Supreme Judicial Court Rule 3:10.If the defendant is charged with a felony or gross misdemeanor, the court must set a date for a Rule 8 appearance before the court having jurisdiction to try the charged offense no later than 14 days after the defendant's initial appearance under Rule 5, unless the defendant waives the right to a separate Rule 8 appearance.

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