New National Listing Framework Takes Effect in Criminal Courts
1 October 2026
By Peter Bonner & Co — Criminal Defence Solicitors
A new national system for listing criminal cases has taken effect across England and Wales today. The Practice Direction on Listing in the Criminal Courts introduces the first National Listing Framework applying to both the Crown Court and magistrates’ courts.
The reform is intended to make listing decisions more consistent, transparent and focused on the real effect of delay. For defendants, listing priority must consider how delay affects the people involved and the fairness of the proceedings.
What has changed
Every Crown Court trial case is allocated a Priority Tier and designated as a Fixed Date or Flexible Date trial.
The tiers reflect the human impact of delay. Tier 1 includes cases involving a death or a highly vulnerable participant where delay is likely to have an exceptional impact. Tier 2 includes specified factors such as material effects on participation or evidence, witnesses travelling from abroad, significant contested expert evidence and trials exceeding five days. Tier 3 generally covers remaining cases requiring lay witnesses. Tier 4 includes cases based predominantly on police, investigator or documentary evidence. Separate tiers apply to High Court judge allocations, terrorism and economic crime lists.
The ordinary position is that Tiers 1, 2, 5, 6 and 7 receive a Fixed Date, while Tiers 3 and 4 receive a Flexible Date. Courts may depart from this where the interests of justice require it. Flexible listings operate within a defined period of no more than one week, according to the local Court Listing Plan.
Why this matters to defendants
Defence practitioners have continuing responsibilities to identify priority factors early, provide realistic trial estimates and notify the court promptly of material changes. These responsibilities continue after the plea and trial preparation hearing.
Specific information about the impact of delay can help the court. Relevant matters include vulnerability, health, effective participation, deteriorating evidence, witness availability, custody time limits, interpreters, intermediaries and the value of judicial continuity. Custody status alone does not determine the tier or listing type.
The framework strengthens trial-readiness procedures. The Advance List is published four weeks before the trial week. A Case Progression Meeting follows during the third week, and the Firm List two weeks before trial. The Daily List follows immediately before the hearing. A trial not reached for lack of court time must return before a judge rather than simply being relisted administratively.
A Fixed Date is not an absolute guarantee of a start. Defendants with a Flexible Date should understand when they may be required to attend and remain in close contact with their solicitor. Changes affecting evidence, health or attendance should be raised promptly so the court can reconsider the listing where necessary.
If you face criminal proceedings, Peter Bonner & Co can advise on preparation, representation and the practical effects of delay. We accept instructions on a private fee basis and under Legal Aid.
Official sources
General information only, not legal advice. Application depends on the circumstances and local Court Listing Plan. Obtain advice about your own case.