4. Preliminaries to trial in the Crown Court Flashcards
Consequences of finding of unfitness
If found unfit to plead under the Criminal Procedure (Insanity) Act 1964, s. 5, the court may issue a hospital order, supervision order, or order for absolute discharge, provided the necessary arrangements for supervision are in place.
When can court consider question of fitness to plead
The court can consider fitness to plead at any time before the opening of the defence case, determining fitness without a jury based on the evidence of at least two medical practitioners as per the Criminal Procedure Act 1964 sections 4, 4A, and 5.
Where, by whom, and in whose presence is fitness to plead determined
Fitness to plead is determined by the court without a jury, based on written or oral evidence from at least two registered medical practitioners. This decision can be postponed until any time before the defence case opens.
Procedure where accused is found fit to plead
If found fit to plead, the accused will be arraigned normally and plead to the indictment before any prosecution evidence is called.
Procedure on arraignment
The arraignment procedure includes reading the indictment to the accused and asking for a plea of guilty or not guilty for each count. It occurs without jurors present and can be done via live link if the accused is in custody.
Pleas that may be entered on arraignment
On arraignment, the accused may enter pleas of guilty or not guilty. In some cases, it is possible to plead not guilty as charged but guilty of a lesser offence.
Entry of plea of not guilty - how can it be given
A plea of not guilty doesn’t have to be explicitly stated as “not guilty”; if the accused stays silent, fails to answer directly, or gives an ambiguous response, the court should enter a plea of not guilty on their behalf.
Effect of not guilty plea
A not guilty plea requires the prosecution to prove their case beyond reasonable doubt. The burden is on the prosecution to establish each essential element of the offence, and the defence may argue there’s no case to answer if the prosecution’s evidence is insufficient.
Requirement that the accused plead personally
The accused must enter a plea of guilty personally; if an attorney attempts to enter a plea on behalf of the accused, the plea is invalid and can lead to a mistrial.
Effects of plea of guilty
A plea of guilty relieves the prosecution of the burden to prove the case, requiring only evidence of the accused’s antecedents and criminal record. Disputes over material facts affecting sentencing may lead to a Newton hearing where the prosecution must support their version or accept the defence’s version for sentencing. The prosecution evidence must focus on how the offence was committed, not whether it was committed.
Adjournment following plea of guilty
After a plea of guilty, the court may pass sentence immediately or adjourn the proceedings. Reasons for adjournment might include obtaining reports on the accused or awaiting the outcome of other pending proceedings. The court may commit the accused to custody or grant bail during the adjournment.
Mixed pleas from an accused
If an accused enters mixed pleas on a multi-count indictment and the prosecution does not accept these pleas, sentencing for the counts to which the accused has pleaded guilty should be postponed until after the trial on the not guilty counts. This is different from a scenario where an accused pleads guilty to a lesser offence, or where an accused pleads based on facts not agreed upon.
Plea of guilty to a lesser offence
An accused may plead not guilty to the charged offence but guilty to a lesser offence included in the indictment. If this plea is accepted, the accused is treated as acquitted of the charged offence and sentenced for the lesser offence. Decisions to accept such a plea depend on whether the prosecution has sought judicial approval in advance. If not, the prosecution may accept the plea even if the judge advises otherwise.
Change of plea from not guilty to guilty
A change of plea from not guilty to guilty can occur at any stage before the jury returns their verdict. The procedure involves re-arraigning the accused, who then pleads guilty. If the change occurs after the jury has been empanelled, a formal verdict of guilty is required from the jury, although procedural deviations are unlikely to provide grounds for appeal.
Change of plea from guilty to not guilty
A judge may permit an accused to withdraw a guilty plea and enter a not guilty plea at any stage before sentence is passed. This discretion must be exercised judiciously and sparingly, and is typically considered in cases where the accused may have been coerced into pleading guilty or was misinformed about the charge. The decision is difficult to appeal as it rests on judicial discretion.
Preliminary hearings - deferred prosecution agreement
. A preliminary hearing must occur when a DPA is proposed, agreeing to certain conditions in return for a suspension of the prosecution.the court must decide if entering into a DPA is in the interests of justice and if the terms are fair and reasonable. Consent for prosecution must be secured before such a hearing.
Plea and trial preparation hearing purpose
The purpose of the Plea and Trial Preparation Hearing (PTPH) is to ensure that all necessary steps for the proper preparation of the case for trial are taken, or appropriately scheduled. If a guilty plea is entered at the PTPH, the hearing may also serve the purpose of sentencing. Otherwise, it focuses on ensuring efficient trial preparation, including the finalization of administrative and procedural details.
Material for PTPH
The PTPH must allow enough time to effectively prepare for trial, including the service of the prosecution case, the preferring of the indictment, the service of a defence statement, and the handling of any dismissal applications. Sufficient evidence must be served by the prosecution at the hearing to enable effective case management.
What must judge at PTPH be satisfied of
At the PTPH, the judge must be satisfied that the accused is aware of the potential credit for a guilty plea, understands the plea entered or to be entered, and comprehends the implications of a trial potentially proceeding in their absence, including the consequences related to bail.
PTPH form
The PTPH form must be prepared with details agreed upon by the parties, including orders concerning witnesses, disclosure, and any legal issues under the bad character and hearsay provisions of the Criminal Justice Act.
Material provision for accused remanded in custody
Where an accused has been remanded in custody and sent to the Crown Court without prior provision of initial details of the prosecution case, the required material for an accused on bail must be provided at least seven days before the PTPH. Additionally, the prosecution must have served sufficient evidence by the time of the hearing to enable the court to manage the case effectively. This ensures that all parties are adequately prepared and that the PTPH can proceed with all necessary information for decision-making.
Prosecution options when accused pleads NG or gives mixed pleas
If an accused pleads not guilty or enters mixed pleas, the prosecution may decide to offer no evidence, resulting in a possible court order to record a verdict of not guilty without a jury, or ask that counts lie on the file, essentially pausing them without proceeding unless revisited by the court.
Offering no evidence
When the prosecution decides to offer no evidence, typically after reassessing the strength of their case, the court may order that a verdict of not guilty be recorded. This decision is generally made when continuing the prosecution is no longer deemed justifiable.
Court options when prosecution offers no evidence
If the prosecution offers no evidence, the court has the discretion to record a verdict of not guilty immediately, without the need for jury deliberation. The court can, in the last resort, force the prosecution to call evidence.
