Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what metrics determine whether a Crown Court trial is classified as ineffective.
If the trial does not go ahead on the scheduled day of listing due to action or inaction by the prosecution, the defence or the court (see list of reasons in table below), and a further listing for trial is required, it is termed ‘ineffective.’
Court | W1 - Another case over-ran |
| W2 - Judge / magistrate availability due to illness etc. |
| W3 - Case not reached / insufficient cases drop out / floater not reached |
| W4 - Equipment / accommodation failure |
| X - Insufficient jurors available |
Defence | Q1 - Defence not ready: disclosure problems (inc. late alibi notice) |
| Q2 - Defence not ready: specify in comments (inc. no instructions) |
| Q3 - Defence asked for additional prosecution witness to attend |
| R - Defence witness absent |
| S1 - Defendant absent - did not proceed in absence (judicial discretion) |
| S2 - Defendant ill or otherwise unfit to proceed |
| S4 - Defendant absent - unable to proceed as Defendant not notified of place and time of hearing |
| T - Defence increased time estimate, insufficient time for trial to start |
| U1 - Defence advocate engaged in other trial |
| U2 - Defence advocate failed to attend |
| V - Defendant dismissed advocate |
Other | S3 - Defendant not produced by PECS |
| W5 - No interpreter available |
| Y - Outstanding cases in a Magistrates' Court |
| Z - Outstanding cases in other Crown Court centre |
Prosecution | M1 - Prosecution not ready: served late notice of additional evidence on defence |
| M2 - Prosecution not ready: specify in comments |
| M3 - Prosecution failed to disclose unused evidence |
| N1 - Prosecution witness absent: police |
| N2 - Prosecution witness absent: professional / expert |
| N3 - Prosecution witness absent: other |
| O1 - Prosecution advocate engaged in another trial |
| O2 - Prosecution advocate failed to attend |
| P - Prosecution increased time estimate - insufficient time for trial to start |
Where a trial is not ready to go ahead, it is recorded as ineffective and listed again, either for the following day, or if not possible, for some future date agreed by the court. If the trial starts on the second day, it will then be marked as effective. However, if it is still unable to proceed on the second day, it will be marked as ineffective again.