2.7 Pre-trial matters I Flashcards
What are pre-trial matters?
‘Pre-trial matters’ are all those matters that can be resolved pre-trial, For example, selecting a trial date, applying for a witness summons or resolving legal arguments.
When does the court consider pre-trial matters?
Pre-trial matters will be considered either:
- at a first hearing;
- at a hearing on a date after the first hearing and before the trial date (for example a PTPH); or
- on the day of trial itself before the trial starts.
When are pre-trial matters resolved in the Magistrates Court?
In simple, summary only cases in the magistrates’ court, many if not all pre-trial matters can be resolved at the first hearing. In more complex cases further pre-trial hearings may be required.
When are pre-trial matters resolved in the Crown Court?
In cases to be dealt with at the Crown Court, there will be at least one hearing in the Crown Court, the PTPH, to deal with pre-trial matters. In more complex Crown Court cases further pre-trial hearings may be necessary in order to ensure parties are trial ready.
Which CrimPR Rule deals with pre-trial hearings in the Crown Court?
CrimPR 3.13
Which CrimPR Rule deals with pre-trial hearings in the Magistrates Court?
CrimPR 3.27
What if the magistrate makes a ruling pre-trial and you want to challenge it?
The ruling is binding on the magistrates court that hears the trial. You can apply to vary or discharge the order only if:
(a) there has been a material change in circumstances; or
(b) something was not brought to the attention of the court when they made the ruling which could justify variation or discharge.
How does a defendant in a Crown Court prosecution get maximum credit for an early guilty plea?
D is unable to plead at the first hearing because the magistrates’ court has no jurisdiction. The defendant can ask for an early guilty plea hearing in the Crown Court to enter their guilty plea as quickly as possible instead of waiting until the PTPH, thereby trying to receive maximum credit for their plea.
What are the two parts of a PTPH?
- ‘plea’; then
2. ‘sentence’ or ‘trial preparation’.
When must the defence apply to dismiss charges?
If the defence want to make an application to dismiss the charges, they must do so before a plea is taken.
What is the arraignment?
CrimPR 3.24
At the plea stage, the indictment is put to the defendant and they enter a plea of guilty or not guilty to each count on the indictment, this is known as arraignment.
After the plea stage of the PTPH, what happens if the defendant pleads guilty to all charges?
If the defendant pleads guilty to the sole count on the indictment / all of the counts on a multi-count indictment: the case moves to sentence.
After the plea stage of the PTPH, what happens if the defendant does not plead guilty to any charges?
If the defendant pleads not guilty to the sole count on the indictment / all of the counts on a multi-count indictment: the court proceeds to the ‘trial preparation’ of the hearing.
After the plea stage of the PTPH, what happens if the defendant pleads guilty to some but not all charges?
The prosecution will need to consider how it wishes to proceed, the result being either that the court moves to sentence or if there is to be a trial the ‘trial preparation’ stage needs to take place.
What happens if the judge determines that the defendant is not fit to plead?
No plea is taken.
The court will have to hold a trial to determine whether the defendant committed the act so the ‘trial preparation’ stage of the hearing will need to take place.
A defendant who is found unfit to plead and a jury finds they have committed the act can only be made subject to:
- an absolute discharge
- supervision order; or
- a hospital order.
