Case management and pre-trial hearings

Question 1

For case management hearings and pre-trial hearings what provides the framework of rules that must be adhered to?

Answer 1

The Criminal Procedure Rules 2020

Question 2

What is the overriding objective?

Answer 2

Criminal cases be dealt with justly. Acquitting the innocent, convicting the guilty, dealing with prosecution and defence fairly, and dealing with the case efficiently and expeditiously.

Question 3

When would further pre-trial case management hearings be conducted?

Answer 3

• the court anticipates a guilty plea
• to give directions for an effective trial
• it is required to set ground rules for the conduct of the questioning of a witness or defendant

Question 4

What are examples of important case directions given by the magistrates’ court?

Answer 4

• service of evidence and disclosure
• witnesses and evidence
• expert evidence
• securing attendance/witness summons
• special measures

Question 5

For cases sent to the Crown Court when must the PTPH be set for?

Answer 5

Within 28 days of sending

Question 6

Does every criminal case sent to the Crown court have to have a PTPH?

Answer 6

Yes

Question 7

What is a Goodyear indication?

Answer 7

It is the indication of the maximum sentence that would be imposed if the defendant were to plead guilty at that stage of the proceedings.

Question 8

What is a ground rules hearing for?

Answer 8

To establish the most appropriate way for vulnerable witnesses to give their best evidence.

Question 9

After the IDPC what must the prosecution disclose to the defendant?

Answer 9

Any prosecution material which:
- has not previously been disclosed
- might reasonably be considered capable of undermining the case for the prosecution against the defence or of assisting the case for the defendant

Question 10

When can the prosecution withhold disclosure?

Answer 10

The prosecution can apply to the court to prevent the disclosure of material that is considered sensitive and that would be contrary to the public interests to disclose such as matter relating to national security or the identity of police informants.

Question 11

Where the case is heard in the magistrates’ court, the defendant _ give a defence statement

Answer 11

may

Question 12

If the defendant chooses to serve a defence statement they must do so not more than how many days after the prosecution discloses initial material.

Answer 12

14 days

Question 13

Where the case is tried in the Crown court the defendant _ supply a defence statement.

Answer 13

must

Question 14

If the defendant fails to provide a defence case statement in the Crown court what may happen?

Answer 14

The court may be able to draw adverse inferences against the defendant

Question 15

A defendant must serve a defence statement in the Crown Court not more than how many days after the prosecution disclosure?

Answer 15

28 days