5. Case management, pre-trial hearings and trial procedure in magistrates' and Crown Court Flashcards
How long do standard directions allow for parties to prepare a case for trial?
8 weeks
14 weeks where expert evidence is required
What is the Magistrates’ Court Trial Preparation Form?
A standard form used to give directions before trial at magistrates’ court
What additional trial preparation is needed?
- Securing attendance of a witness at trial (see details below)
- Comply with defence witness obligations (serve notice on CPS setting out details of witnesses to be called)
- Comply with obligation to serve defence statement (only compulsory in Crown Court)
- Obtain expert evidence and serve copy of the expert’s report on the CPS in advance of trial
When will a court issue witness summons for trial?
If it is satisfied that the witness can give material evidence in the proceedings and it is in the interests of justice for a summons to be issues
What are the s 9 requirements for a witness statement?
- It is signed and dated
- It contains the standard declaration
- A copy has been served before the hearing on the other parties in the case, and
- None of the other parties have objected within 7 days
Does a witness have to have provided a s 9 compliant witness statement in order to be called to give evidence at trial?
Yes
Does a witness have to attend trial in order to give evidence?
No, a s 9 witness compliant witness statement can be admitted instead
What kind of verification is required for documentary evidence?
Witness statement by person who took the photos / prepared the plan etc
When must the court send an adult to the Crown Court?
The offence is indictable only
OR
It is an either way or summary offence which appears to be related to the offence triable only on indictment AND (in the case of a summary-only offence) it is punishable with imprisonment, or involved obligatory / discretionary disqualification from driving
What are the circumstances in which an offence triable only on indictment will have a preliminary hearing in the Crown Court?
o There are case management issues which the Crown Court needs to resolve
o The trial is likely to exceed four weeks
o It is desirable to set an early trial date
o The defendant is under 18
o There is likely to be a guilty plea and the defendant could be sentenced at the preliminary hearing
If there is to be a preliminary hearing in the Crown Court, when must it take place?
Within 10 business days of the magistrates sending the case to the Crown Court
For cases sent to the Crown Court where there is no preliminary hearing required, what is the first hearing that will happen?
The plea and trial preparation hearing
What happens at a PTPH at the Crown Court?
Defendant will enter their plea
Judge will give further case management directions for CPS / defendant’s solicitor
When should a PTPH take place?
20 business days after the magistrates sending the case to the Crown Court
What is an arraignment?
The count(s) on the indictment which are put to the defendant to plead
What happens if the defendant enters a guilty plea at a PTPH?
Judge will either sentence immediately or adjourn for preparation of pre-sentence reports
Can a judge give an indication of sentence at a PTPH?
Yes but only if defendant specifically asks (a “Goodyear” indication)
What happens if the defendant enters a not guilty plea at a PTPH?
Judge will consider if any further directions are necessary to prepare the case for trial
What is the “warned list”?
A list of cases without a fixed trial date yet
Can the defendant change their plea and when?
Yes, any time before jury verdict but at judge’s discretion - must be done in writing
Is the CPS required to serve all evidence on the defendant on which it wishes to rely on at trial?
Yes
What must the CPS do with “unused material” (i.e. material they will not rely on at trial)?
If defendant enters not guilty plea, CPS must disclose all information that might be considered capable of undermining their case / assist the case for the accused
Is the duty to disclose ongoing?
Yes
What can the defendant’s solicitor do if it believes that the disclosure from the CPS is incomplete?
Request disclosure of any missing items when drafting the defence statement
When can the CPS withhold disclosure of certain materials?
Only if it is protected by “public interest immunity”
In the magistrates court, if the defendant enters a not guilty plea and choose to serve a Defence Case Statement, what is the time frame?
Within 10 business days of CPS’s initial disclosure of unused materials
In the Crown Court, if the defendant enters a not guilty plea what is the time frame for serving a Defence Case Statement?
Within 20 business days of CPS’s initial disclosure of unused materials
In the Crown Court, is the defendant required to serve a defence statement?
Yes
Can adverse inferences be drawn from any faults in a defence statement?
Yes
Examples:
o Failing to provide a defence statement at all
o Late service of the defence statement
o Serving a defence statement that is incomplete
o Serving a defence statement which is not consistent with the defence put forward at trial, and
o Failing to update a defence statement
In the magistrates’ court, when would the defence enter submission of no case to answer?
Following prosecution’s evidence
In the Crown Court, when would the defence enter submission of no case to answer?
Following prosecution’s evidence and reading of s 9 witness statements
What is the test from R v Galbraith for the submission of no case to answer?
- Prosecution has failed to put forward evidence to prove an essential element of the alleged offence
OR
- Evidence produced by the prosecution has been so discredited as a result of cross-examination, or is so manifestly unreliable, that no reasonable tribunal could safely convict on it
What type of questions can be asked in the examination-in-chief?
Non-leading questions
What types of questions can be asked in the cross-examination?
Closed / leading questions
What is the general rule regarding competence and compellability?
All persons are competent to give evidence at a criminal trial / all persons are also compellable
What are the exceptions for all persons being deemed competent to give evidence?
- If they are not able to understand questions put to them as a witness / give answers which can be understood
- Children if they do not have required level of understanding
- Defective intelligence
When can the accused not be compelled as a witness?
- For the Crown (i.e. cannot testify against co-defendants, with a few exceptions including if they have pled guilty)
- As a witness for the co-accused (competent but not compellable)
- In their own defence (competent but not compellable)
When can the spouse of the accused not be compelled as a witness?
- For the Crown EXCEPT when (i) offence involved an assault on or injury or threat of injury to the spouse or a person who was under 16, or (ii) where the charge is a sexual offence, or such an attempted offence involving a person under 16 or aiding and abetting such offences
- For the accused (competent but not compellable)
Which categories of witnesses can apply for special measures?
o Children under 18
o Those suffering from a mental or physical disorder
o Those whose evidence is likely to be affected by their fear or distress at giving evidence in the proceedings
o Complainants in sexual offences (automatically considered without need for application)
o Those who are witnesses in specified gun and knife crimes
