Case Management and Pre-trial Hearings

Question 1

Explain the purpose of a case management hearing prior to training Lin the magistrates court.

Answer 1

Court will give management directions usually at same hearing D indicates their plea of not guilty;

These are based on the standard case management directions (although court may vary them if necessary);

Parties are given 8 weeks to prepare for trial (extended to 14 if expert evidence is required)

Question 2

How long do the Criminal Procedure Rules give parties to prepare for the trial?

Answer 2

Parties are given 8 weeks to prepare for trial (extended to 14 if expert evidence is required)

Question 3

Which form is used to record all relevant trial directions applicable to the parties?

Answer 3

Magistrates Court Trial Preparation Form.

Question 4

What is a witness summons?

Answer 4

• If the witness fails to agree to attend the trial in person, the prosecution/ defence may apply to the court for a witness summons.
• This will be granted if court is satisfied witness can give material evidence in the proceedings and it is in the interests of justice for a summons to be issued (Magistrates’ court Act 1980, s97).

Question 5

Which part of the CrimPR sets out the circumstance where applications for a witness summons are appropriate?

Answer 5

Part 17.

Question 6

Explain the defence witness obligations.

Answer 6

D must serve on the CPS notice setting out names , addresses and DOBs of witnesses they intend to call to give evidence. This is an obligation both in magistrates and in crown court.

This rule was introduced to enable CPS to check whether any defence witnesses have previous convictions (although CPS can go through the police to interview such witnesses themselves).

Question 7

Is there an obligation for the defence to provide the CPS with statements taken from witnesses prior to the trial?

Answer 7

No. However, expert reports from experts they wish to call at trial must be served on the CPS.

Question 8

Define s6C CPIA 1996.

Answer 8

Defence must provide CPS with names, addresses and DOBs of all witnesses they intend to call at trial.

Question 9

What are the time limits imposed on the defence to provide the CPS with witnesses info (names, addresses and DOBs)?

Answer 9

28 days starting from the date on which the prosecution complies with their duty of disclosure to the defendant under s3 CPIA 19967.

Question 10

Does a representation order from the LAA affect the ability of the defence to obtain expert witness evidence/ reports?

Answer 10

Yes. The prior approval of the LAA is required before instructing the expert.

Question 11

Under what circumstances is a written witness statement sufficiently (as opposed to securing the attendance of the witness art trial)?

Answer 11

s9 CJA 1967 provides a written witness statement is admissible if:

1) it is signed and dated;
2) it contains a declaration of truth (confirming it is true to the best of their knowledge and acknowledgement they will face procession if it is found they have lied);
3) copy of the statement has bene served on the other parties in the case; and
4) none of the other parties has objected within 7 days.

• s9 witness statement should only be used for evidence not in dispute and they should only contain evidence which would have been admissible if the witness was giving the evidence orally in court.

Question 12

Who is entitles to rely on the s9 provisions (admissibility of written witness evidence)?

Answer 12

Both the prosecution and defence are able to use s9 (but it is more frequently used by the CPS).

Question 13

Is there a duty on the prosecution to disclose information to D’s solicitor pre trial?

Answer 13

Yes.

As part of the Initial Details of Prosecution Case (IDPC) obligations, the prosecution must disclose any evidence obtained which prosecution is going to rely on, to the defence.

Note this applies only in the context of summary only and either way offences.

Question 13

What is the purpose of an adult defendant (charged with an indictable offence) appearing before the magistrates court before being sent to the crown court?

Answer 13

It is to determine whether an offence triable only on indictment is charged, and whether there are any related offences which should also be sent to the Crown Court.

Question 13

What is the PTPH?

Answer 13

• This is the Please and Trial Preparation Hearing (PTPH).
• Where D is charged with an indictable offence, the magistrates will set a date for the PTPH during D’s initial appearance before the magistrates’ court.
• Magistrates’ will either read D on bail or in custody until this hearing.
• Magistrates’ will also give then CPS and defence standard case management directions, which they must comply with prior to the PTPH taking place (unless there is to be a preliminary hearing at the crown court first).

Question 14

What is the notice specifying offences?

Answer 14

This is given to the defendant by the magistrates. It sets out the charges they are facing in the crown court. A copy of this notice is also sent to the crown court.

Question 15

Explain the procedure if D is being sent to the Crown Court for one offence, but they are also being charged with a summary only offence which is summary only.

Answer 15

If summary offence is common assault, taking conveyance without consent, driving whilst disqualified, or criminal damage, D may be tried for these in the Crown Court IF the offence is founded on the same facts as the either-way offence, or part of a series of offences of the same or similar character (s40(1) CJA).

Also, if D is sent for trial at CC for one or more either way offence, they can also send D for trial at CC in relation to any summary only offences which are:

1) punishable with imprisonment or disqualification from driving; and
2) appears to the court to be related to the either way offence (s51 1998).

Question 16

If D is sent to CC for trial of an either way offence, but is also going to be sentenced by the CC for a related summary only offence, what sentencing powers do the CC have in relation to the summary only offence?

Answer 16

Their sentencing powers are limited to those of the magistrates’ (ie they cannot exceed the maximum stench a magistrates’ court would be able to give).

Question 17

What happens to related summary only offences where D is acquitted of the either way offence, or pleads not guilty to the summary-only offence?

Answer 17

Offence just be remitted back to the magistrates’ court for trial.

Question 18

When must the crown court send the summary only offence back to the magistrates’ court?

Answer 18

Where D is acquitted of the related wither way offence, or, pleads not guilty to the summary only offence.

Question 19

When will a preliminary hearing at the Crown Court be necessary in relation to an indictable only offence?

Answer 19

1) there are case management issues CC needs to resolve;
2) trial is likely to exceed 4 weeks;
3) it is desirable to set an early trial date;
4) D is under 18;
5) there is a likely guilty plea and D could be sentenced at the preliminary hearing.

Question 20

What is the time limit for the preliminary hearing to take place after it has been sent to the CC by the Magistrates’ court?

Answer 20

The preliminary hearing must take place within 10 business days of the date on which the magistrates send the case to the CC.

Question 21

What is the overall purpose of the PTPH?

Answer 21

1) Enables D to enter their plea; and
2) If D is pleading not guilty it enables judge to give further case management directions for CPS and D’s solicitors

Question 22

what is the time limit that the PTPH must be held within, where a preliminary hearing is not needed?

Answer 22

It must take place within 20 business days from the date the case is sent to the CC.

Question 23

What is arraignment?

Answer 23

Counts on indictment will be put to D, who will enter their plea.

Question 24

Are the jury told about any guilty pleas to related offences D has been charged with?

Answer 24

No as this could cause unfair prejudice towards D.

Question 25

If D enters into a guilty plea for some offences but not others, will the preosuction ever not pursue the other charges?

Answer 25

Yes. Sometimes D will agree with the CPS to plead guilty to a certain offence in return for the CPS not pursuing the other offences. if this happens the judge will direct a not guilty verdict for those offences.

Question 26

Explain what is meant by an offence being allowed to ‘lie on the court file’.

Answer 26

• If D pleads guilty to serious offence, and CPS agree not to proceed with the other offences, these may be left to lie on the court file.
• This may happen where there are several counts on indictment and CPS evidence in respect of all of them is strong.
• This therefore allows the CPS to leave the other offences on file and potentially pursue them at a later date.

Question 27

What action will the judge take if D pleads guilty to an offence at the PTPH?

Answer 27

They will either sentence immediately or adjourn sentence in order to prepare a pre-sentence report (eg this will sometimes include medical reports or reports from the probation service).
Judge may also need to adjourn if D pleads guilty but disputes facts of the case. In this situation, a Newton hearing will be held to determine factual basis on which D will be sentenced.

Question 28

Explain D’s right to request an indication of sentence.

Answer 28

Judge is permitted to give D indication of likely sentence they would receive if they enter a guilty plea at PTPH.

D must specifically ask for this indication.

If judge gives an indication of sentence and D pleads guilty, the judge must abide by their indication (as the indication becomes binding).

Question 29

What action may the judge take at the PTPH if D pleads not guilty?

Answer 29

they may issue further directions necessary to prepare for the trial.

They may also ask CPS and defence advocates to supply the following info:
1) summary of issues;
2) number of witnesses giving oral evidence and estimate lengthh of trial;
3) whether transcripts of D’s police interviews require editing;
4) whether defence statement has been served (and if so if there is any issues as to its adequacy);

Question 30

List the info the judges may ask the CPS and defence advocates for to determine whether further pre-trial directions are necessary.

Answer 30

1) summary of issues;
2) number of witnesses giving oral evidence and estimate lengthh of trial;
3) whether transcripts of D’s police interviews require editing;
4) whether defence statement has been served (and if so if there is any issues as to its adequacy);
5) whether CPS will be serving any additional evidence;
6) any disputes as to adequacy of disclosure of unused material by prosecution;
7) whether any expert witnesses/ evidence is to be raised and if so whether this needs specific direction;
8) if any further directions are necessary concerning hearsay or bad character evidence;
9) any special measures for any witnesses;
10) facts which can be formally admitted;
11) any points of law or issues concerning admissibility of evidence likely to arise at trial; and
12) dates of availability to attend trial of both the witnesses and advocates.

Question 31

what happens if the judge does not set an exact date for trial at the PTPH?

Answer 31

The case will be placed on the wanted list.

This is a list of cases awaiting trial.

CC will contact the defence to tell them case has been listed for trial shortly before date when trial is due to start.

Question 32

Can D change their plea from not guilty to guilty?

Answer 32

Yes at the discretion of the judge.

Usually this is because a submission of no case to answer fails, or a point of law arises which makes the defence unlikely to succeed.

Question 32

Explain the prosecution’s duty of initial disclosure in cases where D has pled not guilty.

Answer 32

They must disclose all relevant info to D on which it wishes to rely.

Additionally, they must supply all unused material to the defence, provided it satisfies the test set out in s3 CPIA 1996.

Question 33

What is the test to determine whether a piece of unused material must be disclosed?

Answer 33

• If it is anything capable of undermining the case of the prosecution or which assists the case of the accused.
• Examples include:

1) records of first description of suspect given to police by witness, if the description is different to that of D;
2) info provided by D which indicates innocent explanation for the offence;
3) material casting doubt on reliability of a witness (eg previous convictions);
4) material casting doubt on reliability of a confession; and
5) statement from witnesses which support D’s account of events.

Question 34

Is the duty of disclosure by the CPS ongoing?

Answer 34

Yes. CPS must apply the test in s3 CPIA 1996 to all further material it receives after making the initial disclosure (s7A CPIA 1996).

Question 35

What action is available to the defence should the CPS fail to comply with their discourse obligations?

Answer 35

Under s8(2) CPIA 1996, defence can apply to the court to request specific disclosure of this evidence. This applies`tion may only be made if D has made a defence statement.

Question 36

Explain the production ability to withhold disclosure of unused material which it deems sensitive.

Answer 36

CPS may have material it deems sensitive and may not want to disclose. this will include:

1) info relating to national security/ intelligence;
2) material relating to identity of police informants/ undercover police officers;
3) material revealing techniques and methods of police (eg covert operations0;
4) material relating to a child witness.

If this material satisfies s3 test for disclosure, CPS can only withhold it if info is protected by ‘public interest immunity. The court will determine whether the material falls within this exception.

CPS will make an application to the curt to have this material exempted.

Question 37

If defence decides to serve a defence statement in the magistrates’ court, how long do they have to do this?

Answer 37

It must be served within 10 business days of the CPS making their initial disclosure.

Question 38

How long does the defence have to serve their defence statement in the crown court?

Answer 38

It just be served within 20 business days of the disclosure of unused material by the CPS. This must be sent to the CPS and a copy must also be given to the court.

Question 39

Can the time period for serving the defence statement be extended in the crown court?

Answer 39

Yes.

An application to get an extension must be made, and will be granted if the case is deemed sufficiently complex and it can be demonstrated 20 business days is insufficient.

Question 40

Can a defence statement be served on D’s co defendant?

Answer 40

Yes.

Under s5 CPIA 1996, court can make an order for a copy of the defence statement to be sent to the other co-defendants.

Question 40

Why might the defence choose to issue a defence statement in the Magistrates court?

Answer 40

They will do this if they deem the defence statement may provide the CPS with further info which could satisfy them that they should provide additional unused material which may assist the defence case.

This situation is likely to arise only if the statement contains info the CPS were not aware of.

Question 41

Can the court draw an adverse inference in the Crown Court where they do not fulfil their obligation to provide a defence statement?

Answer 41

Yes.

Question 42

What info must the defence statement include?

Answer 42

1) info setting out nature of defence, including any particular defences on which D intends to rely (eg alibi/ self-defence);
2) matters of fact asserted by CPS which D takes issue with;
3) particulars of matters of fact on which D intends to rely for purposes of their defence;
4) points of law (including around the admission of evidence) D wishes to take at trial, and legal authority which D intends to rely on;
5) for alibi defences, the name address and DOB of any alibi witness, or as many of these details D knows of.

Question 43

Explain the requirement for defence statements to be given with the authority of D.

Answer 43

It is deemed D has given authority to the defence statement unless the contrary can be proven.

Solicitor will draft the statement and sign the original copy. Usual practice is for D to sign a copy to be placed on the defence solicitor’s file.

Question 44

When may the court be permitted to draw adverse inferences on D’s defence statement (ie when it is deemed there are faults in disclosure given by the defence)?

Answer 44

These faults include:
1) not providing a defence statement at all;
2) late service of defence statement;
3) serving defence statement which is incomplete;
4) serving defence statement which is inconsistent with defence put forward at trial;
5) failing to update a defence statement in light of new info D is relying on.

Question 45

Can the defence challenge the prosecution for failure to provide additional unused material following their defence statement?

Answer 45

s8(2) allows the defence to make an application to the court to request further unused info, provided they have made their defence statement.

The grounds for this would be that the CPS has breached their obligation to provide continuing disclosure in light of new information.

Defence may ask court for an order for CPS to provide info, as long as defence has reasonable cause to believe there is CPS material which should have been disclosed.

Defence can only make this application if they set out, in detail, in their defence statement, the material they consider the CPS has in its posession and has not disclosed.