Case management and pre-trial hearings Flashcards
When will the court issue a witness summons?
If the witness can give material evidence, and it’s in the interest of justice to issue it
When must D serve a notice of his witnesses?
Within 28 days from when the prosecution makes its initial disclosure of unused material
When can a witness statement be used instead of oral evidence?
A. it’s signed and dated,
B. it contains a declaration of truthfulness,
C. copy served on other parties before hearing, and
D. no party objected within 7 days
If charged with indictable/either-way offence, must also be sent to CC for other offences if…
- the other offence appears related to it, and
- if the other offence is summary-only, it is punishable by imprisonment/disqualification from driving
Time limit for when preliminary hearing must happen in the CC
Within 10 business days of the date on which the Magistrates sent the case to the CC
What is the first hearing in the CC?
Preliminary hearing, or if not required, the plea and trial preparation hearing (PTPH)
What is the test for which unused material the prosecution must initially disclose?
If it “might reasonably be considered as capable of undermining the prosecution’s case, or assisting D’s case”
What is the condition for D being able to apply to court to request further disclosure of unused material?
He has provided a defence statement
When can unused material not be disclosed?
If it’s protected by public interest immunity- final decision lies with court
Time limits for serving defence statement
10 business days in Magistrates
20 business days in CC
What is the consequence of there being a fault in the defence statement in the CC?
The other party or court can make comments as appear appropriate, and court/jury can draw inferences from it as appears proper
