8. Case Management and Pre-Trial Hearings

Question 1

Magistrates Trial: When are case management directions generally given?

Answer 1

Generally, same hearing that the defendant enters their plea or a consequent hearing (Case Management hearing or pre-trial review)

Question 2

Magistrates Trial: How long do magistrates give to prepare for trial? Does this vary when experts are involved?

Answer 2

8 weeks (14 where expert evidence is required)

Question 3

If a witness will not confirm their attendance / refuses to do so, what options exist for the defence?

Answer 3

The defendant can request the court to issue a witness summons

Question 4

When will the court issue a witness summons (criteria)

Answer 4

Court will issue this summons if it is satisfied the witness (1) can give material evidence and (2) it is in the interests of justice for summons to be issued

Question 5

CC or MC: Need the defence alert the court / prosecution about witnesses they intend to call?

Answer 5

Under s 6C of the Criminal Procedure and Investigations Act (CPIA) 1996, a defendant must serve on the CPS a notice setting out the names, addresses and dates of birth of any witnesses they intend to call to give evidence.

Question 6

When does the defence have to provide CPS with their witness list?

Answer 6

Defendant has 28 days from the date on which the prosecutor purports to comply with s 3 CPIA 1996 to comply with s6C (28 days from IPDC)

Question 7

Need the defence serve CPS with the statements of the witnesses they intend to call?

Answer 7

In criminal proceeds, defendant does not need to serve statements taken from witnesses on CPS unless the witness is an expert

Question 8

If a case is being funded by a representation order, are there any restrictions on the use of expert witnesses?

Answer 8

No, but DS must obtain consent from the LAA prior to instructing the expert

Question 9

If a witness cannot attend trial, what other options are there? For which witnesses does this apply?

Answer 9

A witness statement can be admitted as evidence - when the witness is providing evidence of facts NOT IN DISPUTE

Question 10

Requirements for a witness statement to be admissible

Answer 10

1. signed and dated
2. contains a declaration of truth (including understanding of liability)
3. A copy has been served on other parties in the case; and
4. none of the other parties have objected within 7 days
5. contains matters which would have been admissible had the witness given oral evidence

Question 11

Requirements for the submission of documentary evidence to be valid

Answer 11

Any documentary evidence (ie. plans or photographs where the crime occurred) should be verified by a witness statement who prepared plan / took photographs

Question 12

What does IDPC consist of?

Answer 12

Material CPS is going to rely on will be supplied to D’s solicitor as initial details of the prosecution case (IDPC)

Question 13

Requirements imposed in the MC by ‘Transforming Summary Justice’ Characteristics

Answer 13

1. early and effective case prep
2. disclosure of unused material
3. clear expectations of effectiveness at first hearing
4. clear expectations of trial readiness

Question 14

Defendant charged with an indictable only offence AND a summary offence / either-way offence - which court(s) will the defendant be tried in?

Answer 14

1. The indictable only offence must be tried in the CC
2. The summary only offence will ALSO be sent to the CC IF:
   - summary or either-way offence is related to indictable-only offence
   - summary offence is punishable with imprisonment, or involves obligatory or discretionary disqualification from driving

Question 15

If the defendant is charged with multiple offences (eg. one indictable and one summary) where is the venue allocation decision made?

Answer 15

The initial sending hearing in the MC

Question 16

If, in the sending hearing in the MC, the MC are satisfied that the offence is indictable - where will they send the case (and next steps)

Answer 16

1. MC will set a date for PTPH at CC (or preliminary CC hearing)
2. Will remand D on bail or in custody until their appearance

Question 17

When will a defendant charged with an either-way offence and summary offence be sent to the CC for both offences?

Answer 17

Summary offence must be:
1. those of common assault, taking a conveyance without consent, driving whilst disqualified or criminal damage can be tried in the Crown Court if offence is founded on same facts as the either-way (or part of a series of offences of a similar character)
2. those which are punishable with prison time or disqualification from driving related to the either-way offence can also be tried in the Crown Court

Question 18

Can the Crown Court sentence for a summary offence (if sent with an either-way / indictable-only offence)

Answer 18

Yes, IF on conviction for the either-way offence, D pleads guilty to the summary offence (and sentencing powers of CC limited to that of magistrates)
BUT - if D is acquitted on the either-way offence OR pleads not-guilty to summary only offence, this must be remitted back to the magistrates’ court for trial

Question 19

When is a preliminary hearing required in the CC?

Answer 19

1. Indictable only offences when:
2. case management issues exist that needs to be resolved
3. trial likely to last longer than 4 weeks
4. desirable to set an early trial date
5. D under 18
6. likely to be a guilty plea and defendant could be sentenced at preliminary hearing