2.5 Criminal Litigation - Case Management & Pre-Trial Hearing

Question 1

What are the Magistrates’ Court’s case management directions?

Answer 1

1) Trial preparation form completion (by CPS/D)
- Issues
- Points of law
- No. Ws
- Statements that can be agreed
- Special measures
- Hearsay/Bad character apps

2) CPS > Court
- CPS’s evidence (already served on D before plea)

3) Police stn > Prelim hearing (live link)
- D’s express consent

4) D’s solicitor
- Initial interview + open file > Confirm instructions in writing, contract potential D Ws/enquiry agent (if not guilty plea anticipated)
- Representation order
- Request advance info from CPS
- Bail app issues

Question 2

What is the procedure for preparation in plea and trial preparation hearing (PTPH) for indictable-only offences?

Answer 2

1) D > MC (first appearance)

2) MC > CC (standard directions + case)
- Within 14 weeks (D in custody)
- Within 17 weeks (D in bail)

3) Type of crimes > CC
- Mandatory (EW offence - D appears at same time/Related summary-only offences - Punishable w imprisonment or disqualification)
- Discretionary (EW/summary only offences - D appears before MC on separate occasion)
- D < 18 (EW/summary) + charged w adult => Indictable-only offences (w interests of justice)

4) CC > D (guilty plea)
- Plead guilty => Prepare pre-sentence report
- Plead NOT guilty => Plead guilty to other offences/Agree issues/Gather requested info

Question 3

What is required for preparing PTPH?

Answer 3

1) CPS + D > CC
- PTPH form > At least 7 days beforehand, record court orders, complete using Digital Case System
- Draft indictment
- Principal parts of CPS case

2) Parties presumed to have communicated before hearing
3) CC hearing within 28 days after allocation
4) If D pleads guilty > Inform court > Request pre-sentence report

Question 4

What is the conduct of PTPH?

Answer 4

Guilty plea

• If D pleads guilty => Sentence on the day
• If D pleads NOT guilty => Trial date, identify issues for trial, pre-trial timetable, appropriate directions, further case mgmt hearing (where necessary)

Release on bail

• Case > CC’s warned list
• Arrange trial date (Short notice) => Tell D
• Impact of not attending trial => Tell D

Question 5

What are the case management directions for PTPH?

Answer 5

1) Most CPS material > Service
- 50 days (D in custody)
- 70 days (D in bail)

2) After 28 days > D’s response
3) After 14/28 days > CPS’s response
4) D > Final materials + applications

Question 6

When should D give witness notifications for PTPH?

Answer 6

At PTPH

Otherwise > At Stage 2 of Case management directions

Question 7

When are further case management directions at trial required?

Answer 7

Case

• Murder
• Manslaughter
• Robbery
• Max. sentence >= 10 years
• Vulnerable W
• Unrepresented D
• Expert evidence

Necessary

• Guilty plea
• Necessary for directions order > Effective W
• Necessary to further overriding objective

Question 8

What used materials should CPS disclose to D?

Answer 8

Initial details of case (on request) > Before first hearing

• Case summary
• D’s previous convictions
• Ws
• Exhibits
• Interview records

Docs copies + evidence (CC)

• Within 70 days after D sent for trial
• Within 50 days after D sent for trial (D in custody)

Question 9

What unused materials should CPS disclose to D?

Answer 9

NOT previously disclosed

Reasonably capable of undermining CPS’s case/assisting D’s case

Appoint disclosure officer

Compile schedule of investigative material

Review schedule + materials for CPS’s case

Confirm no unused materials to disclose

CPS’s ongoing duty

• Keep case under review
• Disclose as soon as reasonably practicable
• CPS to review after D filed defence

Question 10

What should D disclose to CPS?

Answer 10

Defence

• Very little material
• NOT proof of evidence
• NOT D’s Ws (if W attending to give oral evidence)

Defence statement
- CC (mandatory)/MC (voluntary, but better to disclose earlier so easier for CPS to know defences)
- Nature of defence + particular defences
- Matters of fact (reason why D takes issue w CPS, points of law and authority)
- Alibis
- Signed by Client
=> CPS + Court, Co-Ds (CPS to disclose to them) (within 14 days of CPS’s disclosure - otherwise court may comment on D’s failure + draw inferences as appears inappropriate)
=> CPS to review case + disclose unused materials that may help D
=> D may apply further disclosure

Defence W notice
- D’s intent to call other Ws
- W’s name
- W’s address
- W’s DOB
- NOT Witness Statement > Police may want to interview W
=> CPS + Court, Co-Ds (CPS to disclose to them) (within 14 days of CPS’s disclosure - otherwise court may comment on D’s failure + draw inferences as appears inappropriate)
=> CPS to review case + disclose unused materials that may help D
=> D may apply further disclosure

Question 11

How may third party materials be disclosed?

Answer 11

TP > CPS

• Relevant to CPS’s case (as investigator/disclosure officer/CPS believes)
• Reasonably capable of undermining CPS’s case/assissting D’s case => CPS to take appropriate steps to obtain TP info

TP > D

• Duty of disclosure
• NO duty of disclosure => D to obtain materials from TP => Should obtain witness summons > TP to attend court with material

Expert evidence > Parties

• If EE to be relied upon > As soon as practicable
• NO court discretion
• Otherwise court leave required