5. Case management, pre-trial hearings and trial procedure in magistrates' and Crown Court

Question 1

How long do standard directions allow for parties to prepare a case for trial?

Answer 1

8 weeks
14 weeks where expert evidence is required

Question 2

What is the Magistrates’ Court Trial Preparation Form?

Answer 2

A standard form used to give directions before trial at magistrates’ court

Question 3

What additional trial preparation is needed?

Answer 3

• 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

Question 4

When will a court issue witness summons for trial?

Answer 4

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

Question 5

What are the s 9 requirements for a witness statement?

Answer 5

1. It is signed and dated
2. It contains the standard declaration
3. A copy has been served before the hearing on the other parties in the case, and
4. None of the other parties have objected within 7 days

Question 6

Does a witness have to have provided a s 9 compliant witness statement in order to be called to give evidence at trial?

Answer 6

Yes

Question 7

Does a witness have to attend trial in order to give evidence?

Answer 7

No, a s 9 witness compliant witness statement can be admitted instead

Question 8

What kind of verification is required for documentary evidence?

Answer 8

Witness statement by person who took the photos / prepared the plan etc

Question 9

When must the court send an adult to the Crown Court?

Answer 9

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

Question 10

What are the circumstances in which an offence triable only on indictment will have a preliminary hearing in the Crown Court?

Answer 10

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

Question 11

If there is to be a preliminary hearing in the Crown Court, when must it take place?

Answer 11

Within 10 business days of the magistrates sending the case to the Crown Court

Question 12

For cases sent to the Crown Court where there is no preliminary hearing required, what is the first hearing that will happen?

Answer 12

The plea and trial preparation hearing

Question 13

What happens at a PTPH at the Crown Court?

Answer 13

Defendant will enter their plea

Judge will give further case management directions for CPS / defendant’s solicitor

Question 14

When should a PTPH take place?

Answer 14

20 business days after the magistrates sending the case to the Crown Court

Question 15

What is an arraignment?

Answer 15

The count(s) on the indictment which are put to the defendant to plead

Question 16

What happens if the defendant enters a guilty plea at a PTPH?

Answer 16

Judge will either sentence immediately or adjourn for preparation of pre-sentence reports

Question 17

Can a judge give an indication of sentence at a PTPH?

Answer 17

Yes but only if defendant specifically asks (a “Goodyear” indication)

Question 18

What happens if the defendant enters a not guilty plea at a PTPH?

Answer 18

Judge will consider if any further directions are necessary to prepare the case for trial

Question 19

What is the “warned list”?

Answer 19

A list of cases without a fixed trial date yet

Question 20

Can the defendant change their plea and when?

Answer 20

Yes, any time before jury verdict but at judge’s discretion - must be done in writing

Question 21

Is the CPS required to serve all evidence on the defendant on which it wishes to rely on at trial?

Answer 21

Yes

Question 22

What must the CPS do with “unused material” (i.e. material they will not rely on at trial)?

Answer 22

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

Question 23

Is the duty to disclose ongoing?

Answer 23

Yes

Question 24

What can the defendant’s solicitor do if it believes that the disclosure from the CPS is incomplete?

Answer 24

Request disclosure of any missing items when drafting the defence statement

Question 25

When can the CPS withhold disclosure of certain materials?

Answer 25

Only if it is protected by “public interest immunity”

Question 26

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?

Answer 26

Within 10 business days of CPS’s initial disclosure of unused materials

Question 27

In the Crown Court, if the defendant enters a not guilty plea what is the time frame for serving a Defence Case Statement?

Answer 27

Within 20 business days of CPS’s initial disclosure of unused materials

Question 28

In the Crown Court, is the defendant required to serve a defence statement?

Answer 28

Yes

Question 29

Can adverse inferences be drawn from any faults in a defence statement?

Answer 29

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

Question 30

In the magistrates’ court, when would the defence enter submission of no case to answer?

Answer 30

Following prosecution’s evidence

Question 31

In the Crown Court, when would the defence enter submission of no case to answer?

Answer 31

Following prosecution’s evidence and reading of s 9 witness statements

Question 32

What is the test from R v Galbraith for the submission of no case to answer?

Answer 32

1. Prosecution has failed to put forward evidence to prove an essential element of the alleged offence

OR

2. 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

Question 33

What type of questions can be asked in the examination-in-chief?

Answer 33

Non-leading questions

Question 34

What types of questions can be asked in the cross-examination?

Answer 34

Closed / leading questions

Question 35

What is the general rule regarding competence and compellability?

Answer 35

All persons are competent to give evidence at a criminal trial / all persons are also compellable

Question 36

What are the exceptions for all persons being deemed competent to give evidence?

Answer 36

1. If they are not able to understand questions put to them as a witness / give answers which can be understood
2. Children if they do not have required level of understanding
3. Defective intelligence

Question 37

When can the accused not be compelled as a witness?

Answer 37

1. For the Crown (i.e. cannot testify against co-defendants, with a few exceptions including if they have pled guilty)
2. As a witness for the co-accused (competent but not compellable)
3. In their own defence (competent but not compellable)

Question 38

When can the spouse of the accused not be compelled as a witness?

Answer 38

1. 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
2. For the accused (competent but not compellable)

Question 39

Which categories of witnesses can apply for special measures?

Answer 39

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