7. Preliminaries to trial in the Crown Court

Question 1

what must jury determine when someone is unfit to plead?

Answer 1

whether or not they did the act / omission

Question 2

if unfit to plead and jury find they did the act what orders can court make?

Answer 2

hospital order
supervision order (must have ev that arrangements are in place)
absolute discharge

Question 3

what order must court make where accused unfit to plead to murder?

Answer 3

admission to hospital without limitation of time

Question 4

if accused found fit to plea before pros call evidence …..

Answer 4

they will be arraigned in usual way

Question 5

when will court postpone question of fitness to plead ?

Answer 5

where expedient and in interests of justice - can postpone until any time up to opening of defence case

Question 6

when will fitness to be tried not be determined?

Answer 6

when jury acquit on counts they are being tried with

Question 7

when will fitness to plead be determined and how?

Answer 7

in absence of jury, with written/oral medical evidence (2 medical practitioners) and as soon as question arises

Question 8

when accused has been arraigned who decides whether they did act or omission?

Answer 8

the jury

Question 9

procedure for arraignment?

Answer 9

confirm indictment correct, indictment read, plea for each count, arraign joint accused together, separate pleas from each.

Question 10

what counts do the jury hear?

Answer 10

only ones where they have pleaded NG

Question 11

can arraignment be via live link?

Answer 11

yes in appropriate circs

Question 12

what plea is given if accused stays silent or gives ambiguous G plea?

Answer 12

NG

Question 13

who can enter a G plea for accused?

Answer 13

only the accused personally. If counsel purports to plead G on behalf of an accused, the plea has no validity

Question 14

when are prosecution bound by judges view as to whether to accept pleas to lesser offences?

Answer 14

only if they have asked for it.

Question 15

can accused change their plea from NG to G?

Answer 15

yes at any stage prior to jury giving verdict. they will be rearraigned.

Question 16

if plea is changed from NG to G after jury has been sworn what happens?

Answer 16

jury directed to return a formal verdict of guilty

Question 17

can a plea be changed from G to NG?

Answer 17

yes, judge (and mags) has **discretion **to allow withdrawal of G plea at any stage before sentence passed

Question 18

if D declines to enter plea….

Answer 18

NG plea entered

Question 19

if D pleads NG to charged offence but G to other offence…

Answer 19

pros accept - treat as G plea to other offence
pros decline - treat plea as one of NG

Question 20

if D pleads previous acquittal / conviction of offence charged by that count…

Answer 20

• D must identify acquittal or conviction in writing explaining the basis of that plea and
• court must exercise its power to decide whether that plea disposes of that count

Question 20

in what time limit do CC have to take D’s plea when case is sent from MC?

Answer 20

• not less than 10 business days after date on which sending takes place AND
• not more than 80 business days after that date

unless court directs otherwise.

Question 21

parties duty to case management?

Answer 21

parties are required to fully engage in pre-trial case management to identify cases that won’t go to trial and ensure efficient and expeditious dispatch of trials

Question 21

what is the purpose of a PTPH?

Answer 21

when G plea has been entered at MC or indicated after - sentence

if NG plea - to ensure all necessary steps for case prep have been taken or timetabled

Question 22

what must judge be satisfied of at PTPH?

Answer 22

• D understands G plea credit
• What D’s plea is or is to be
• that D understands trial can happen in absence and consequences of failure to attend

Question 22

if accused is in custody and has not have IDPC then…

Answer 22

material required in IDPC for bail defendant must be provided AT LEAST 7 days before hearing

Question 22

what info must be available to court at PTPH?

Answer 22

info required by PTPH form (this also must have been discussed by the parties in advance)

Question 23

what case prep is done usually at PTPH?

Answer 23

• trial date set (availability of witnesses neeeded)
• special measures
• summons
• disclosure
• outstanding legal issues

Question 23

is the content of a PTPH form admissible?

Answer 23

technically yes, subject to s.78

Question 24

what options do the prosecution have upon NG/mixed pleas being entered?

Answer 24

offer no evidence or
ask for indictment to remain on file

Question 25

what happens when pros offer no evidence?

Answer 25

court may, if sees fit, order verdict of NG be recorded without D being given to jury.

Question 26

effect of NG verdict after offer of no evidence?

Answer 26

same as if they had been tried and acquitted by jury

Question 26

if judge chooses to decline to order verdict of not guilty what do pros have to do ?

Answer 26

pros cannot be forced to call evidence by the court

Question 27

what does it mean for a count to lie on file?

Answer 27

the counts are marked not to be proceeded with without leave of the court or COA

Question 28

what is the effect of a count being on file?

Answer 28

the accused is not actually found NG / acquitted.

Question 29

when can an accused apply for dismissal of charges?

Answer 29

once they have been served with the documents containing the evidence AND before arraignment

Question 30

how can an accused apply for dismissal of charges?

Answer 30

they can apply orally or in writing to the CC

Question 30

when will a court dismiss charges?

Answer 30

where it appears that the evidence against the applicant would not be sufficient to ensure proper conviction

Question 31

when can the accused make an oral application for dismissal?

Answer 31

only after serving written notice of intention to do so

Question 32

what is the test applied to dismissal applications?

Answer 32

evidence - judge must take account of all of the evidence against the accused.

inferences - judge must not be bound to assume that jury would make all possible inferences, but must assess that where case depends on them, whether they could properly draw those conclusions