Appeal A&Q Flashcards
How can each party actively assist the court in furthering the overriding objective?
This includes:
1) Communication between the prosecutor and the defendant at the first available opportunity and in any event no later than the beginning of the first hearing and after that, communication between the parties and with the court officer until the conclusion of the case.
2) establishing, among other things:
- Whether D is likely to plead guilty or not guilty
- What is agreed and what is likely to be disputed
- What information, or other material, is required by one party of another and why, what is to be done, by whom and when (without or if necessary with a direction)
and
- reporting on that communication to the court.
What should the ‘initial details’ must at the very least include as set out in the Criminal Procedure Rules, Part 8?
1) a summary of the circumstances of the offence
and
2) defendant’s criminal record
*if D is on bail, it will include other document.
*The information supplied must be sufficient at the first hearing to allow the court to take an informed view.
What happens if D pleads guilty for a summary only offence?
The court will proceed to sentence. The sentence will often be passed immediately but can be adjourned for further information
What happens if D pleads not guilty to a summary only offence?
The court will set a trial date, and do any necessary case management to ensure that the trial is effective on that date.
What necessary case management, should be completed, if D pleads not guilty to a summary only offence?
Completing the case progression form ‘Preparation for Effective Trial Form’ (PET).
What information is included in ‘Preparation for Effective Trial Form’ (PET)?
1) D’s and legal representative’s contact details
2) names, numbers, types of witness and which party requires their attendance at court
3) the estimated length of trial
4) identification of trial issues
5) advance warning whether any applications are to be made (e.g special measures, bad character and hearsay)
6) whether any prosecution statements can be read
7) whether any special arrangements need to be made for anyone attending the trial and
8) That the defendant advocate has advised D of credit for early guilty plea and that the trial will go ahead in D’s absence if D fails to attend on the trial date.
How can the magistrates court monitor that directions are complied with?
MC has a case progression officer to monitor directions made by the court
+
Both CPS and defence advocates must indicate a nominated person in their respective offices who will be responsible for complying with the directions.
What is a pre-trail hearing?
Where a case has been set down for summary trial, the court can conduct pre-trial hearings at which pre-trial rulings can be made.
Which matters can a pre-trail ruling cover?
- Admissibility of evidence
and
- fitness to plead.
who can apply for an application for a pre-trial ruling ?
Can be made by application of :
1) the defence
or
2) prosecution
or
3) of the court’s own motion
Is a pre-trial ruling binding?
Yes until the case is disposed of by:
1) conviction or acquittal of D
or
2) a prosecution decision not to proceed
or
3) the dismissal of the case
In what circumstances is a pre-ruling not binding?
A pre-trail ruling is binding until the case is disposed of by:
1) conviction or acquittal of D
or
2) a prosecution decision not to proceed
or
3) the dismissal of the case
When can the court discharge or vary pre-trial ruling?
If it is in the interest of justice to do so and the parties have been given an opportunity to be heard.
Can a court discharge or vary a pre-trail ruling?
Yes, if it is in the interest of justice to do so and the parties have been given an opportunity to be heard.
When can a party apply to have a pre-trail ruling varied or discharged?
if there has been a material change of circumstances
Can a party apply to have a pre-trail ruling varied or discharged?
Yes, if there has been a material change of circumstances
When can a defendant plead guilty by post?
In summary only cases where:
1) the matter has been commenced by summons or requisition
and
2) the prosecutor has served a summary of the evidence on which the prosecution case is based
and
3) the prosecutor has served information relevant to sentence
Which offences can D plead guilty by post ?
for minor imprisonable offences
What are the standard directions which might be made on a not guilty plea to a summary only offence?
1) Bad character evidence
2) hearsay evidence
3) special measures (to protect witness when they are giving evidence)
4) disclosure
5) expert evidence
6) editing transcript of interviews
7) and serving certificates of readiness for trial
Can a defendant not be present at the first hearing in relation to a summary only offence?
Yes,
D can plead guilty be post, In summary only cases where:
1) the matter has been commenced by summons or requisition
and
2) the prosecutor has served a summary of the evidence on which the prosecution case is based
and
3) the prosecutor has served information relevant to sentence
Can the defendant appearing for a summary only offence be denied to see the initial details of the prosecution case, if they requested it?
No, it must be supplied to the defendant if they request it.
Can the court proceed in the absence of the defendant for minor offences?
Yes
When does a plea happen for summary only or an either-way offence?
At the first hearing for a summary only or an either-way offence the defendant will be asked to enter their plea to a charge.
Can the court sentence the a defendant if the defendant is absent?
Yes
Who serves the initial details?
the prosecution is obliged to serve ‘initial details’.
What is the slip rule?
The power for the magistrate court to rectify mistake.
Section 142 of the Magistrate Court Act, gives the magistrate court power to vary a sentence or set aside a conviction if it is in the interest of justice to do so
In what circumstances can the power to rectify mistakes be used ?
- Mistakes in Law and Procedure, whether at trial, or sentencing
- where all parties agree that a mistake was made
When can the magistrate court use their power to vary or set aside a conviction?
if it is in the interest of justice to do so.
Can a defendant use the slip rule to reargue their case?
No
Who can make an application to rectify a mistake?
The defendant
or
the court can make an amendment under this provision of their own violation.
Who can hear an application to rectify a mistake?
can be heard by:
- the same magistrates who convicted the defendant
BUT
- if the conviction is set aside the case will be re-tried by a different bench