8) Case management, Pre-trial hearings

Question 1

What is the point

Answer 1

To ensure the parties are prepared for trial. It included the court setting case management directions including an obligation on the prosecution to disclose their unused material to the defence

Question 2

Magistrates court - Preparing for trial

Answer 2

1) Case management hearing
2) Obtaining evidence from witnesses other than the defendant
3) Securing witnesses attendance
4) Obtaining details of any unused material from the CPS

Question 3

Case management hearing/Pre-trial review

Answer 3

In the magistrates court, usually where defendant gives plea and 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 4

Securing the attendance of a witness at trial - Witness summons

Answer 4

Defendant’s solicitor will usually ask a potential witness to confirm in writing that they will attend court. If they get a negative response they will request a witness summons. 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 5

Defence witness obligations

Answer 5

For both Magistrates and Crown Court. 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 6

Expert witnesses - Magistrates

Answer 6

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

Question 7

Witnesses - Written statement - Magistrates

Answer 7

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 8

Initial prosecution case

Answer 8

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 9

Plea and trial preparation hearing (PTPH)

Answer 9

This is only in the crown court and where a preliminary hearing is not required. It is the first hearing in the crown court where the defendant enters a plea to the charges against them and the judge will set further case management directions. Prior to this taking place the magistrates would have set standard case management directions for both parties to comply with before this hearing, at the first hearing.

Question 10

Preliminary hearing in the Crown court

Answer 10

This will only be the case if it is an indictable only offence. If such a hearing is necessary then any directions will be given by the judge at this hearing. They will only have one of these is certain conditions are met.

Question 11

Preliminary hearing in the Crown court - When will one be held

Answer 11

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 12

Structure of PTPH

Answer 12

1) Arraignment - charges will be put to the defendant who will either plead guilty or not guilty
2) Indication of sentence - defendant must ask for this and it will be binding if they plead guilty after
3) Pleads guilty - court will either sentence immediately or adjourn for pre-sentence report or if they need a newton hearing
4) Pleads not guilty - judge will consider if further directions are needed
5) Listing case for trial - fix a date

Question 13

PTPH - If the defendant pleads not guilty - How to decide if further directions are needed

Answer 13

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 14

Disclosure - Prosecution (Crown Court)

Answer 14

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 - this is an ongoing duty and need to see if any more is necessary in light of defence statement

Question 15

Challenging the prosecution failure to provide unused material

Answer 15

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 16

Disclosure - Prosecution - Sensitive items

Answer 16

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 17

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

Answer 17

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 18

Disclosure - Defence Statement

Answer 18

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 19

Disclosure - Defence Statement - Compulsory disclosure - Crown Court

Answer 19

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 20

Disclosure - Defence Statement - Magistrates

Answer 20

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 21

Disclosure - Defence - Contents of defence statement

Answer 21

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 22

Disclosure - Defence - Ongoing duty

Answer 22

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