CASE MANAGEMENTHOW TO TAKE CONTROL OF YOUR CASES

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Lady Justice Hallett DBE and Dame Linda Dobbs DBE

CASE MANAGEMENT- DEFINITION

The term Case Management describes an ongoing process that should ensure that:

•The key stages of a case can be reached without unnecessary delay;•The key decisions can be made with the fullest, relevant and admissible information/evidence;

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CASE MANAGEMENT- THE PLAYERS

Who are the parties/players?

•Victim, witness, defendant, prosecutor lawyers and court •They have different perspectives. Are those perspectives compatible?•What are their needs and expectations?

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CASE MANAGEMENT- EXPECTATIONS OF THE PARTIESCommon expectations include that:

•The case proceeds as swiftly as possible;•The victims, witnesses, parties and lawyers are informed about the progress of the case;•Procedural steps are explained and monitored;•Objectives, which are set to progress the case, are met;•Clear and understandable explanations as to progress are given;•The case is dealt with fairly.

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CASE MANAGEMENT – AIMS

To process cases efficiently, fairly and with dispatch and to eliminate unnecessary expense.

This involves, inter alia:•Properly assessing the need for the attendance of witnesses;•Assessing the needs and availability of witnesses and victims;

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CASE MANAGEMENT – AIMS (2)

• Reducing the number of adjournments to the minimum on a strictly necessary basis;

• Identifying cases which are going to be guilty pleas at an early stage;

• Identifying the issues in the case;• Improving the way lawyers prepare for hearings including

turning up for them.6

CASE MANAGEMENT – AIMS (3)

• Giving directions and setting a timetable to enable the case to proceed;

• Encouraging the parties to co-operate out of court in the progression of the case;

• In bad cases - use of sanctions for non-compliance?

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THE OVERRIDING OBJECTIVE

Rule 1:1 of the St Lucia Criminal Procedure Rules 2015Rule 1.1(1) The overriding objective of these Rules is to enable the Court to deal with criminal cases justly.

(2) Dealing with a criminal case justly includes-

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THE OVERRIDING OBJECTIVE (2)

(a) dealing with a case efficiently and expeditiously;(b) dealing with a prosecution and defence fairly;(c) respecting the interests of victims, witnesses and

jurors;(d) ensuring that appropriate information is available to

the Court when bail and sentence are considered.

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THE OVERRIDING OBJECTIVE (3)

(e) dealing with a case in a way that takes into account:(i) the gravity of the offence alleged;(ii) the complexity of the issues;(iii) the severity of the consequences for the defendant and other affected, and(iv) the needs of other cases.

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THE OVERRIDING OBJECTIVE (4)

(3) The overriding objective of these Rules, particularly the timely and efficient disposal of cases in the Criminal Division, cannot be achieved by the Court readily granting adjournments without the party requesting the adjournment showing cause.

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OTHER PROVISIONS

Rule 1.2 sets out the duty of the parties.

Rule 1.3 provides that the Court should further the overriding objective by •exercising any power given to it by legislation; •applying any practice directions, or •interpreting any rule or practice direction.

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KEY TO CASE MANAGEMENT

Good case management needs judges to have the confidence to be firm and purposeful;The key to good case management is preparation – this involves amongst other things:•having the case papers ahead of the hearing;•reading and digesting the papers; •knowing what orders you need to make;•knowing what further information you need.

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CASE MANAGEMENT – ADJOURNMENTS

There has to be good reason for the adjournment. The interests of justice are the prime consideration.

Relevant questions to ask are:•Who is making the request?•What are the reasons for the request?•Were the reasons foreseeable and avoidable?•What is the history of the case?

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CASE MANAGEMENT – ADJOURNMENTS (2)

• How have the parties behaved to date?• What did the court say in previous hearings?• Is there a risk of unfairness/prejudice to a party if the

application is granted or denied?• Any other relevant matters.

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• If the application is refused – reasons should be given for the decision.

• If the application is allowed, it is important to make directions to move the case forward. Additionally, the parties should be warned about failure to comply with the directions.

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CASE MANAGEMENT – ADJOURNMENTS (3)