The
overriding objective
1.1
The overriding objective
(1)
The overriding objective of this new code is that criminal cases be
dealt with justly.
(2) Dealing with a criminal case justly includes—
(a) acquitting the innocent and convicting the guilty;
(b) dealing with the prosecution and the defence fairly;
(c) recognising the rights of a defendant, particularly those under
Article 6 of the European Convention on Human Rights;
(d) respecting the interests of witnesses, victims and jurors and
keeping them informed of the progress of the case;
(e) dealing with the case efficiently and expeditiously;
(f) ensuring that appropriate information is available to the court
when bail and sentence are considered; and
(g) dealing with the case in ways that take into account—
(i) the gravity of the offence alleged,
(ii) the complexity of what is in issue,
(iii) the severity of the consequences for the defendant and others
affected, and
(iv) the needs of other cases.
1.2 The duty of the participants in a criminal case
(1)
Each participant, in the conduct of each case, must—
(a) prepare and conduct the case in accordance with the overriding
objective;
(b) comply with these Rules, practice directions and directions made
by the court; and
(c) at once inform the court and all parties of any significant failure
(whether or not that participant is responsible for that failure)
to take any procedural step required by these Rules, any practice
direction or any direction of the court. A failure is significant
if it might hinder the court in furthering the overriding objective.
(2) Anyone involved in any way with a criminal case is a participant
in its conduct for the purposes of this rule.
1.3
The application by the court of the overriding objective
The
court must further the overriding objective in particular when—
(a) exercising any power given to it by legislation (including these
Rules);
(b) applying any practice direction; or
(c) interpreting any rule or practice direction.
