Case Management and Pre-trial Hearings Flashcards
Disclosure obligations: defence and expert witnesses
D must serve on CPS a notice setting out names, addresses, and DOB of any witnesses they intend to call.
Copy of expert’s report must be served on CPS in advance of trial.
Admissibility of written witness statement
Signed and dated
Contains declaration
Copy served before hearing on other parties
No other parties have objected within 7 days
The purpose of a sending hearing in the MC
To determine whether an indictable offence is charged and whether there are related offences which should also be sent to CC.
Purpose of PTPH in the CC
Enables D to enter their plea and, if not guilty, to allow the judge to give further case management directions.
When must a preliminary hearing take place in the CC?
Within 10 business days of the date the MC sent the case to the CC.
When should the PTPH take place where no preliminary hearing is held?
Within 20 business days after sending.
Goodyear indication
The judge gives D advance indication of the likely sentence at the PTPH which, if D then enters a guilty plea, will be binding.
Change of plea
D who initially enters NG plea may change this to G at any time before jury return their verdict.
Unused material
CPS is required to retain this material and must disclose if it “might reasonably be considered capable of undermining the case for the prosecution…or of assisting the case for the accused”.
Can the prosecution withhold disclosure of unused material?
Yes, if it is protected by public interest immunity such as matters of national security or intelligence, material relating to the identity of police informants or undercover police officers etc.
Compulsory disclosure of defence
Obligation to D facing trial in CC.
Court drawing adverse inferences against defence statements
Since these statements are obligatory for D pleading NG in CC, if there are any faults in disclosure given by the defence, the court may draw an adverse inference.
