Allocation of Business Between Magistrates' Court and Crown Court

Introduction

This chapter examines two of the most heavily tested procedural topics in **FLK2**: **case management** under the **Criminal Procedure Rules (CrimPR)** and **disclosure** under the **Criminal Procedure and Investigations Act 1996 (CPIA)**. You will learn the **overriding objective** in CrimPR Part 1, how cases are managed in the **magistrates' court** (Part 3) and at the **Plea and Trial Preparation Hearing (PTPH)** in the Crown Court, and the full disclosure regime — **prosecution initial disclosure (s. 3)**, the **defence statement (ss. 5 and 6)**, the **prosecution's continuing duty (s. 7A)**, and **public interest immunity (PII)**.

Assessment focus

For the SQE1 FLK2 assessment, you need to understand how a criminal case is **actively managed** and how the **disclosure obligations** of prosecution and defence operate. You should be able to state the **overriding objective**, the **timing and functions of the PTPH (28 days after sending)**, the **objective test for initial disclosure under s. 3 CPIA 1996**, the distinction between the **compulsory Crown Court defence statement (s. 5)** and the **voluntary magistrates' court defence statement (s. 6)**, the **adverse inference** consequences under **s. 11**, the **continuing duty under s. 7A**, and the operation of **PII**. Questions are single best answer questions (SBAQs) set in realistic client-based scenarios; you will be expected to **apply** these rules rather than merely recall them. This is a closed-book assessment — ensure you can recall the statutory sections, time limits and the consequences of non-compliance from memory.

Study tips

1) Memorise the **overriding objective**: criminal cases dealt with **justly**, and the **positive duty on the defence** to engage with case management (no 'ambush' defence). 2) Lock in the **PTPH timing — 28 days after sending** — and remember it is **not** the first hearing (the first hearing is in the magistrates' court under **s. 51 CDA 1998**). 3) For **s. 3 CPIA**, remember the test is **objective**: material that 'might reasonably be considered capable' of **undermining the prosecution case or assisting the defence** — and it covers **unused material**. 4) Master the **s. 5 (compulsory, CC, 28 days) v s. 6 (voluntary, mags, 14 days)** distinction and the **s. 11** adverse-inference consequences. 5) For **PII**, if the court orders disclosure the prosecution must either **comply** or **offer no evidence** — it cannot withhold the material and still proceed.