Case Management and Pre-Trial Hearings

Question 1

In advance of a ‘PREPARATION FOR TRIAL HEARING’ in the MC what do the Parties complete?

Answer 1

‘Preparation for an Effective Trial’ Form

Question 2

(1) After the first hearing for a case being tried in the MC (Summarily), what is the next hearing?
(2) What is its purpose?

Answer 2

(1) Preparation for Trial Hearing
(2) Court gives DIRECTIONS for an effective trial (meet overriding objective ‘JUSTLY’

Question 3

In advance of a ‘PREPARATION FOR TRIAL HEARING’ in the MC BOTH Parties complete a ‘Preparation for an Effective Trial Form’.

What 4 things does this contain:

Answer 3

(1) DETAILS of Parties
(2) PROSECUTION Evidence
(3) Aspects of P Evidence DEFENDANT DISPUTES
(4) Court DIRECTIONS

Question 4

What are the 4 main purposes of a ‘Plea and Trial Preparation Hearing’ (PTPH)?

Answer 4

(1) PLEA entered by D (Summary-only NOT Either-way)
(2) Case Management DIRECTIONS (for EFFECTIVE TRIAL)
(3) Identify ISSUES for TRIAL
(4) Provisions FURTHER PRE-TRIAL HEARINGS (if needed)

Question 5

What is the ‘Duty of Disclosure’ for the Prosecution? There are 2 components

Answer 5

Any MATERIAL MIGHT ‘REASONABLY CONSIDERED’ capable of
(1) Undermining P’s case OR
(2) Assisting D’s case

(NOT Undermines D’s case)

Question 6

The PROSECUTION has a duty to disclose any material that might reasonably be considered capable of (a) Undermining P’s case (b) Assisting D’s case.

What 2 types of ‘Material’ is it NOT required to Disclose?

Answer 6

Material NOT in P’s:
(1) Possession
(2) Inspected / Right to Inspect

Question 7

The PROSECUTION has a duty to disclose any material that might reasonably be considered capable of (a) Undermining P’s case (b) Assisting D’s case.

In what 2 stages does this take place and how does the timeframe for this differ in the MC and CC?

Answer 7

(1) INITIAL DISCLOSURE
(a) MC - ‘as soon as practicable’ after D PLEADS NOT GUILTY
(b) CC - ‘as soon as practicable’ after CASE TRANSFERRED TO CC

(a) ONGOING DISCLOSURE (until conviction)
MC & CC - ‘as soon as practicable’

Question 8

The Prosecution’s Duty to Disclose is a (x) Duty until D’s (y/z)?

Answer 8

ONGOING Duty until CONVICTION / ACQUITTAL

Question 9

What Duty of Disclosure does the DEFENCE have in:
(1) MC - 1 duty
(2) CC - 2 duties

Answer 9

(1) MC - Details WITNESSES INTEND CALL (at trial)
(2) CC -
(a) WITNESSES INTEND CALL (at trial)
(b) DEFENCE STATEMENT

Question 10

Re the Duty of Disclosure of the DEFENCE:
(1) MUST they provide a ‘DEFENCE STATEMENT’ in
(a) MC
(b) CC

(2) If the Defence does provide a ‘DEFENCE STATEMENT’ what is the timeframe to do this in:
(a) MC
(b) CC

Answer 10

(1)
(a) NO (but can CHOOSE provide one)
(b) YES (compulsory)

(2)
(a) Within 14 days of P’s INITIAL DISCLOSURE
(b) Within 28 days of P’s INITIAL DISCLOSURE