8) Case management, Pre-trial hearings

Question 1

Case management hearing

Answer 1

Where the court gives case management directions which gives 8 weeks to prepare the case for trial or 14 weeks when expert evidence is required.

Question 2

Securing the attendance of a witness at trial - Witness summons

Answer 2

This is where the solicitor secures a witnesses attendance in court to give oral evidence. The court will issue a witness summons 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 issued.

Question 3

Defence witness obligations

Answer 3

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. Time limit is 28 days. No requirement to serve on the cps copies of statements

Question 4

Expert witnesses

Answer 4

The defendant must serve on the CPS in advance of trial copies of expert reports/statements.

Question 5

Magistrates’ court case management directions - Witness summons - Written statement

Answer 5

A written statement from a witness whose evidence is not in dispute will be admissible at trial provided that:
- It is signed and dated
- It contains the following declaration - This statement is true to the best of my knowledge and belief
- A copy has been served before the hearing on the other parties
- None of the other parties have objected within 7 days

Question 6

Initial prosecution case

Answer 6

In the case of summary only and either way offences any evidence obtained which will be relied upon as part of the prosecution case at trial will be supplied to the defendant’s solicitor as part of the initial details of the prosecution case

Question 7

Plea and trial preparation hearing (PTPH) - Offences triable only on indictment

Answer 7

When the magistrates have determined that the defendant is charged with an offence triable only on indictment they will set a date for the PTPH or for a prelimary hearing and will remand the defendant either on bail or in custody. Unless a preliminary hearing is to take place the magistrates will give a set of standard case management direction for the CPS and defendant

Question 8

Plea and trial preparation hearing (PTPH) - Either way offence to be tried in the Crown court

Answer 8

Same procedure for cases triable only on indictment

Question 9

Plea and trial preparation hearing - Preliminary hearing in the Crown court

Answer 9

If such a hearing is necessary then any directions will be given by the judge at this hearing. This must take place within 10 business days of the date on which the magistrates send the case to the Crown court.

Question 10

Plea and trial preparation hearing - Preliminary hearing in the Crown court - When will one be held

Answer 10

1) There are case management issues which the court needs to resolve
2) The trial is likely to exceed 4 weeks
3) It is desirable to set an early trial date
4) The defendant is under 18
5) There is likely to be a guilty plea and the defendant could be sentenced at the preliminary hearing

Question 11

Plea and trial preparation hearing - PTPH in the Crown court

Answer 11

The purpose of the PTPH is to enable the defendant to enter their plea and if they are pleading not guilty to enable the judge to give further case management directions. Where a case has been sent for trial and no preliminary hearing is held the PTPH should take place within 20 business days after sending.

Question 12

Plea and trial preparation hearing - PTPH in the Crown court - If the defendant pleads guilty

Answer 12

Court will either sentence immediately or if necessary adjourn sentence for the preparation of pre-sentence reports. The judge will also adjourn the case if the defendant pleads guilty but disputes the specific factual allegations made by the prosecution witnesses. In such a situation a separate hearing (Newton hearing) will be necessary to determine factual basis on which the defendant will be sentenced.

Question 13

Plea and trial preparation hearing - PTPH in the Crown court - If the defendant pleads guilty - Indication of sentence

Answer 13

A judge is permitted at the PTPH to give a defendant an advance indication of the likely sentence they would receive if they were to enter a guilty plea at this stage. Defendant must specifically ask for this. if the defendant pleads guilty after this then the indication is binding

Question 14

Plea and trial preparation hearing - PTPH in the Crown court - If the defendant pleads not guilty

Answer 14

Judge will consider if any further directions are necessary. To determine this the judge will require both parties to be to supply:
- Summary of issues in the case
- Details of the no. of witnesses who will be giving oral evidence
- Whether transcript of defendant’s police station interview require editing
- Whether a defence statement has been served
- Whether prosecution will be serving any additional evidence
- Whether there is any dispute as to the adequacy of disclosure of unused material
- Whether any expert evidence is to be called in
- Whether any further directions are necessary concerning hearsay
- Any points of law or issues concerning the admissibility of evidence

Question 15

Disclosure - Prosecution (Crown Court)

Answer 15

Required to serve on the defendant all the evidence on which they wish to rely at trial to prove the defendant’s guilt. They will also have ‘unused material’ which might reasonably be considered capable of undermining the case for the prosecution or of assisting the case of the accused

Question 16

Disclosure - Prosecution - Ongoing duty

Answer 16

This duty of disclosure is ongoing so the CPS must apply the ‘unused material’ test to any further material it receives after making initial disclosure. If the defendant’s solicitor considers that the disclosure made by the CPS is incomplete they will request disclosure of any ‘missing items’ in defence statement

Question 17

Disclosure - Prosecution - Ongoing duty - Defence Statement

Answer 17

CPS must review initial disclosure of unused material and determine if there is any further unused material in its possession which, in light of the matters contained in the defence statement, might now be deemed capable of undermining the case for the prosecution or of assisting the case for the defendant

Question 18

Challenging the prosecution failure to provide unused material

Answer 18

Can make an application to court if CPS has failed to comply with its continuing duty of disclosure in light of matters contained in defence statement. The defendant will only be allowed to make such an application if they have set out in detail in their defence statement the material which they consider the CPS has in its possession which it has not subsequently disclosed.

Question 19

Disclosure - Prosecution - Sensitive items

Answer 19

Items which they do not wish to disclose. E.g
- Material relating to matters of national security
- Material relating to the identity of police informants
- Material revealing techniques and methods relied upon by the police
- Material relating to a child witness

Question 20

Disclosure - Prosecution - Sensitive items - When can they with withheld

Answer 20

If sensitive material satisfies the test for disclosure (‘unused material’) the CPS can withhold the material only if it is protected by public interest immunity - only the court can decide this so they have to make an application to the court

Question 21

Disclosure - Defence Statement

Answer 21

If the defendant enters a not guilt plea and decides to serve a defence statement they should so within 10 business days of CPS initial disclosure. In the crown court this is extended to 20 business days from service of unused material by prosecution

Question 22

Disclosure - Defence Statement - Compulsory disclosure - Crown Court

Answer 22

This is when there’s an obligation on the defence to provide a defence statement. Only applies to crown court. The court can draw an adverse inference against the defendant if a defence statement is not provided

Question 23

Disclosure - Defence Statement - Magistrates

Answer 23

Very unlikely/rare to give one in magistrates and will only do so if they think it will encourage CPS to provide more unused materials

Question 24

Disclosure - Defence - Contents of defence statement

Answer 24

It is a written statement which:
- Sets out the nature of the defence, including any defences they will rely on
- Indicates the matters of fact on which the defendant takes issue with the prosecution and why they take such issue
- Sets out particulars of the matters of fact on which the defendant intends to rely
- Indicates any points of law they wish to take at trial and any legal authorities
- In the case of an alibi defence provides the name, address and date of birth

Question 25

Disclosure - Defence - Ongoing duty

Answer 25

Defence are also under a continuing duty to update the defence statement if the details should change.