7. Preliminaries to trial in the Crown Court Flashcards
what must jury determine when someone is unfit to plead?
whether or not they did the act / omission
if unfit to plead and jury find they did the act what orders can court make?
hospital order
supervision order (must have ev that arrangements are in place)
absolute discharge
what order must court make where accused unfit to plead to murder?
admission to hospital without limitation of time
if accused found fit to plea before pros call evidence …..
they will be arraigned in usual way
when will court postpone question of fitness to plead ?
where expedient and in interests of justice - can postpone until any time up to opening of defence case
when will fitness to be tried not be determined?
when jury acquit on counts they are being tried with
when will fitness to plead be determined and how?
in absence of jury, with written/oral medical evidence (2 medical practitioners) and as soon as question arises
when accused has been arraigned who decides whether they did act or omission?
the jury
procedure for arraignment?
confirm indictment correct, indictment read, plea for each count, arraign joint accused together, separate pleas from each.
what counts do the jury hear?
only ones where they have pleaded NG
can arraignment be via live link?
yes in appropriate circs
what plea is given if accused stays silent or gives ambiguous G plea?
NG
who can enter a G plea for accused?
only the accused personally. If counsel purports to plead G on behalf of an accused, the plea has no validity
when are prosecution bound by judges view as to whether to accept pleas to lesser offences?
only if they have asked for it.
can accused change their plea from NG to G?
yes at any stage prior to jury giving verdict. they will be rearraigned.
if plea is changed from NG to G after jury has been sworn what happens?
jury directed to return a formal verdict of guilty
can a plea be changed from G to NG?
yes, judge (and mags) has **discretion **to allow withdrawal of G plea at any stage before sentence passed
if D declines to enter plea….
NG plea entered
if D pleads NG to charged offence but G to other offence…
pros accept - treat as G plea to other offence
pros decline - treat plea as one of NG
if D pleads previous acquittal / conviction of offence charged by that count…
- 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
in what time limit do CC have to take D’s plea when case is sent from MC?
- 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.
parties duty to case management?
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
what is the purpose of a PTPH?
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
what must judge be satisfied of at PTPH?
- 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
if accused is in custody and has not have IDPC then…
material required in IDPC for bail defendant must be provided AT LEAST 7 days before hearing
what info must be available to court at PTPH?
info required by PTPH form (this also must have been discussed by the parties in advance)
what case prep is done usually at PTPH?
- trial date set (availability of witnesses neeeded)
- special measures
- summons
- disclosure
- outstanding legal issues
is the content of a PTPH form admissible?
technically yes, subject to s.78
what options do the prosecution have upon NG/mixed pleas being entered?
offer no evidence or
ask for indictment to remain on file
what happens when pros offer no evidence?
court may, if sees fit, order verdict of NG be recorded without D being given to jury.
effect of NG verdict after offer of no evidence?
same as if they had been tried and acquitted by jury
if judge chooses to decline to order verdict of not guilty what do pros have to do ?
pros cannot be forced to call evidence by the court
what does it mean for a count to lie on file?
the counts are marked not to be proceeded with without leave of the court or COA
what is the effect of a count being on file?
the accused is not actually found NG / acquitted.
when can an accused apply for dismissal of charges?
once they have been served with the documents containing the evidence AND before arraignment
how can an accused apply for dismissal of charges?
they can apply orally or in writing to the CC
when will a court dismiss charges?
where it appears that the evidence against the applicant would not be sufficient to ensure proper conviction
when can the accused make an oral application for dismissal?
only after serving written notice of intention to do so
what is the test applied to dismissal applications?
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
