Case Management and Pre-trial Hearings Flashcards
What is the definition of Case Management Hearing?
A hearing in the Magistrates’ Court at which case management directions are given
What is a Plea and Trial Preparation Hearing (PTPH)?
The first hearing in the Crown Court for cases that do not require a preliminary hearing.
What is Initial Duty of Disclosure?
The obligation on the prosecution to disclose all evidence on which it wishes to rely at trial, as well as unused material that might undermine the prosecution case or assist the defense.
What is Adverse Inference?
A negative conclusion that a judge or jury may draw from a defendant’s failure to provide a defense statement or from inconsistencies between the defense statement and the defense presented at trial.
What is Preliminary Hearing?
A hearing that may take place at the Crown Court in certain limited circumstances when an indictable-only offense is sent for trial.
What is Continuing Duty of Disclosure?
The prosecution’s duty to review and disclose any further unused material that comes to light after initial disclosure.
When can Section 8(2) CPIA 1996 be used?
Allows a defendant to apply to the court if the prosecution has failed to comply with their duty of disclosure.