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criminal litigation > 6 Indictment, pleas and crown court preliminaries > Flashcards

6 Indictment, pleas and crown court preliminaries Flashcards

1
Q

What is an indictment?

A

Document produced by prosecution for the crown court containing all charges faced by D.

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2
Q

When indictment will come into existence?

A
  1. D being sent to Crown Court for trial
  2. Preferment of a voluntary bill of indictment?
  3. Court of Appeal ordering a retrial
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3
Q

What is it called before the indictment is served?

A

Bill of indictment

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4
Q

What’s the another word used for serving the bill of indictment?

A

Preferment

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5
Q

Can the prosecution amend indictment?

A

They can amend it without permission of court before it is served. However, if it’s already served, the prosecution need court’s permission.

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6
Q

What is arraignment?

A

When the indictment is read to D by the clerk and he enters his plea to counts.

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7
Q
  1. How does the draft indictment produced in Magistrates?
  2. What happens to that?
  3. When this draft indictment is served?
  4. When can prosecution amend the draft indictment?
A

1.It will be electronically generated.
2. It will be send to Crown Court.
3. It will be served immediately before the arraignment.
4. Anytime before the arraignment.W

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8
Q
  1. What is the draft indictment is not electronically generated?
  2. When is it served?
A
  1. The prosecutor will draft the indictment.
  2. When it is uploaded to Digital Case Management System.
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9
Q

What must be D and court be served when D is sent for trial?

A

The indictment and prosecution evidence

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10
Q

When will the electronic draft indictment is sent to D?

A

When it is send to Crown Court, is it also served to D.

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11
Q

There are certain time rules applies as to when the draft indictment must be served. To what kind of draft does this apply to?

A

It only applies to indictments that is not electronically generated at magistrates. The one that must be drafted by the prosecution.

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12
Q

How long must be the magistrate hearing and and the plea trial preparation hearing at Crown Court?

When must the draft indictment must be served to D?

A

28 days.

At least 7 days before plea trial preparation hearing.

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13
Q

What counts can be included in the original draft of indictment?

A

Any charge that can be made our from prosecution evidence. If the evidence also gives rise to a minor offence in addition to main offence, then can put it ‘in substitution’.

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14
Q

In addition to substitution counts, what can the prosecution do?

A

Include alternative counts

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15
Q

What is included in the indictment?

A
  1. Statement of offence
  2. Particulars of offence
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16
Q

Is there a need to differentiate principal and secondary offender in the indictment?

A

No

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17
Q

Drafting dates

A

Exact dates. And it’s unknown approximate ‘on or about …’. Or say ‘on a date unknown before …’. Can put timeframe too but remember to include the day it too.

18
Q

What are the three exceptions when more than offences can be in one count?

A
  1. Continuous offence (ie conspiracy)
  2. Course of conduct (ie shoplifting too many things once or rape)
19
Q

What are the requirements for course of conduct exception under rules against duplicity?

A
  1. Must be same victim or no victim
  2. Must be under a year
  3. Must have degree of repetition
  4. Defence in each offence must be the same
20
Q

When sample counts used?
What happens to other offences?

A
  1. When there are too many counts.
  2. When D pleads guilty.
  3. D will agree for them to take into consideration.
  4. Court must need D’s permission for TIC.
21
Q

When counts can be joined?

A
  1. Founded on the same facts
  2. Part of same serious of offences
22
Q

When it is founded on the same facts?

A

When the second offence would not have happened unless the offence before, even if weeks apart.

23
Q

What’s the requirement for series of offences of same or similar character?

A

Doesn’t have to be exact type.
Must be legally or factually similar.

24
Q

When can accused be tried on same indictment?

A
  1. Jointly charged
  2. Similar facts
  3. Related by time or interest of justice served best with single trial
25
Q

What powers the courts have for multiple counts and Ds in single indictment?

A

Power of severance

26
Q

When judge may sever counts into separate trials?

Instead of severing, what the judge can do?

A

When it would be prejudicial to D.

The judge can give special directions to the jury.

27
Q

Are cut throat defences good reason to sever joint trials?

A

No

28
Q

If there’s an evidence admissible against one D but not another, still good reason to server trial?

A

No can give directions to jury

29
Q

What is the test for amendment in addition to permission from judge? What must be seen here?

A

If it causes injustice to P. Did D have enough time to prepare his case?

30
Q

When is the latest indictment can be amended?

A

Before verdict is returned. So even when the jury retired to consider verdict, still can.

31
Q

What summary offences can be added as a count at Crown Court?

A

Common assault
Taking motor vehicle without consent
Driving whist disqualified
Criminal damage under 5000

Offences that are punishable with disqualification from driving or imprisonment.

32
Q

What is summary offence not added as count?

A

If G at CC, court ask how he pleads. If G, court will sentence him. If NG, then sent to Magistrates.

If NG at CC, court will sent to Magistrate.

33
Q

Can you include in the indictment summary offences that are under s40 but it’s not send to trial?

A

Can. It is same as indictable offences which were not send to trial too.

34
Q

Who will decide if D is fit to plea?
How the judge will decide?

A

The judge.
Two registered medical practitioners and at least one must be State registered

35
Q

What is D is unfit to plea?

A

Court see if actus reus is satisfied

36
Q

What sentence court can impose when D is unfit to plea?

A

Hospital order
Supervision order
Absolute discharge

37
Q

What happens to alternative count when D pleads guilty to more serious one?

What if prosecution doesn’t accept the G plea to alternative offence?

A

The alternative count won’t be read out.

D will be tried for more serious offence, and if convicted, D will only be convicted for the serious offence.

38
Q

Can D plead G for lesser offence even when there is no alternative offence?
If prosecution agree to that, must the judge accept it?

A

Yes D can do that.

No judge can reject it here.

39
Q

If D pleads NG, what can prosecution do other than trial?

A

If insuffient evidence > offer no evidence

If not in public interest to have trial > ask the count to lie on file forever. Later resume with the leave of court.

40
Q

What is the latest time judge can allow D to change his plea from NG to G?
What happens next?

Can do from G to NG?

A

Anytime before judge returns the verdict. Judge will ask the indictment put to D again and D will plead guilty.

Can but judge will be more reluctant and will look at circumstances around his plea.

criminal litigation (1 decks)

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