Criminal courts: managing court documents
What to do with the papers and documents to be used in a criminal case.
During a criminal case, papers need to be sent (served) on other people (parties) or to a court. Part 4 of the Criminal Procedure Rules explains this in detail. This guide does not replace the rules.
Serving a document
Documents can be served in a number of different ways:
- handing it directly to a person
- taking it to a person’s address and handing it to them or to someone who will give it to them
- sending the documents by first class post
- sending the documents by Document Exchange (DX), email or file sharing (this must first be agreed with the person receiving the papers)
- by text message or via someone else such as a courier. You must have the court’s permission to do this.
Court addresses can be found on Find a Court or Tribunal
Find a Crown Prosecution Service address
Where a time limit applies it is your responsibility to ensure that the document is served in time.
The court will assume a document was served at the time set out in the rules, as follows:
- where the documents were handed directly to a person, on the day it was handed over
- where it was left at an address, the next working day after it was left
- where it was posted by first class post or equivalent, the second working day after it was posted
- where it was sent by DX, on the second working day after it was left at the exchange
- where it was sent by email, the date the email was received, before 2:30pm (4.30pm in an extradition appeal case in the High Court). After 2:30pm the date of service will be the next working day after it was sent
Contacting the court
When sending papers to a court, you must include this information. (For email make sure that it is all in the subject line):
- the case number and Unique Reference Number (URN) (if you have one)
- names of the parties
- the date and time of any hearing
Make sure you include your name, email address and telephone number in any message.
If you have been asked to email someone at the court directly, make sure your email is also copied to the court office.
Legal representatives must always use secure email.
Attaching documents or forms
Documents should be attached to your email or the letter you send.
Any forms must be sent with your letter or attached to your email.
The total size of any email, including attachments, must not exceed 25MB.
You are responsible for the security of the information you are sending. Be aware that email may not be a secure way to send documents. Any message or reply to your message could be read by someone else. Please bear this in mind when deciding whether to send an email.
If you need any help or have a question regarding the email service please contact the court.
What the court will do
The court will check your documents and reply to you. Where further action is needed they will contact you.
If you have not followed the rules the court may not accept the documents. If that happens, the court will write to you to tell you why.
Using email
When using email you must still follow any rule or Practice Direction that states that the documents are to be served on another person.
Future service of documents for legal professionals
A new national IT system called Common Platform is being rolled out across the criminal courts.
It will be gradually rolled out across courts in England and Wales starting with certain courts in each region:
- Derby Magistrates’ Court and Derby Crown Court
- Croydon Magistrates’ and Croydon Crown Court
- Guildford Magistrates’ Court/ Staines Magistrates’ Court and Guildford Crown Court
- North Tyneside, Mid & SE Northumberland, Newcastle, Berwick Magistrates’ Courts and Newcastle Crown Court
- Warrington Magistrates’ Court and Chester Crown Court
- Bristol Magistrates’ Court and Bristol Crown Court
- Llanelli Magistrates’ Court and Swansea Crown Court
Crown Courts:
Legal representatives with access rights to the Digital Case System (DCS) should continue to upload documents on to DCS. In all other situations documents should be served on the relevant Crown Court which can be located using Find a Court or Tribunal.
Magistrates’ courts:
If a case has begun on Common Platform then documents should be served by uploading through Common Platform. In all other instances, documents that are required to be served on HMCTS should be served on the relevant Magistrates’ Court which can be located using Find a Court or Tribunal.
The position for service to Crown and magistrates’ courts will be revised and updated following national roll out of Common Platform.