Case Management and Preparation Flashcards
Pre-trial considerations
Where does the first hearing take place?
Magistrates Court
- Purpose is to deal with as much as possible
When is a plea before venue necessary?
Take plea in an either-way offence
Court: Magistrates’ Court
PTPH
The initial hearing in the Crown Court, which includes arraignment (entering of a formal plea)
- Takes place in the Crown Court
Complete the Plea and Trial Preparation Form prior to PTPH
Trial
Determination of the defendant’s guilt based on evidence
Case management: trial preparation
Ensures smooth running of forthcoming trial
Directions:
- prosecution evidence
- witness requirements
- applications (e.g., P to adduce bad character, either way to adduce hearsay, or special requirements for witness evidence)
- trial date
What are the relevant forms for parties to complete for case management?
- Crown Court before PTPH: Plea and Trial Preparation form
- Magistrates Court case management form is: PET (Preparation for Effective Trial Form)
Case management preparation and disclosure
Material in the possession of prosecution but which it does not intend to rely on: unused material.
Includes:
- statements from witnesses that the prosecution is not relying on to prove its case
- records of previous convictions of prosecutions witnesses
- disciplinary findings against police officers
Duty of disclosure
Prosecution have a duty to disclose unused material. They must do so once:
- a not guilty plea is entered in Magistrates Court; or
- where the matter is sent to Crown Court for trial
Test for disclosure
Any material which undermines prosecution’s case or reasonably assist defence’s case should be disclosed to defence
- Prosecution has an ongoing duty of disclosure
Defence statement - when the duty arises
Once the Prosecution have complied with its duty of disclosure, the duty shifts to the defence to serve its defence statement
The defence duty of disclosure = serve the defence statement
Defence statement - time limits
Crown Court:
- Defence statement is mandatory
- Must be served within 28 days of Prosecution complying with duty o disclosure
- Failure can lead to adverse inferences being drawn
Magistrates Court:
- Defence statement is not mandatory (therefore, adverse inferences cannot be drawn for failure to serve defence statement)
- However, cannot make an application for specific disclosure if have not served a defence statement
- Must be done within 10 business days of prosecution disclosure (14 days)
What are formalities for defence statement
It must be in writing and signed by defendant or their solicitor
It must set out:
- the nature of the defence
- the matters upon which the accused takes issue
- why the accused takes issue with prosecution
- any particulars which they intend to rely on
- any points of law which defendant intends to dispute
Bare denials are not sufficient to comply with these conditions
s8 Application: application for specific disclosure
This is an application for a specific item, which the defence has reasonable cause to believe should have been disclosed by the prosecution
To make the application, the defendant must have served a defence statement and the prosecution must have either provided further disclosure in light of the Defence Statement or notified the defendant that there is no further disclosure to be made
Third party disclosure (if there is prosecution material which is held by third parties)
No duty of disclosure is placed on the third party
But if the material might be considered capable of undermining the prosecution case or assisting the accused, then prosecutors should take appropriate steps to obtain it
If the prosecution has failed in its duty to disclose
- defence can issue application to stay proceedings on grounds of abuse of process
- evidence excluded under court’s discretion under s78
- result in a conviction being quashed on appeal - as conviction is deemed unsafe
- imposition of wasted costs
- refusal of extension to custody time limits
Four stages of disclosure
- The investigation stage - duty to record and retain material during investigation
- Initial duty of disclosure on prosecution
- Defence disclosure
- Continuing duty on the prosecution to keep disclosure under review
What is the difference between used and unused material?
- Used material: material the prosecution will rely on to prove its case against the defence
- Unused material: material not relied upon by the prosecution
Key duties of investigation stage
All material which may be relevant must be recorded in a durable or retrievable form and retained
Lasts until:
- Accused acquitted / case dropped
- Defendant released from custody / hospital
- If no custody - six months from date of conviction
- Any appeal is concluded
Disclosure officer must notify the Prosecutor of every item of unused material
When does initial duty of disclosure arise for used and unused material?
Used material:
- Prosecution serve IDPC no later than beginning day of first hearing
- Must include enough information for the court to make an informed decision on plea and venue, case management and sentencing
Unused material
- Magistrates’: when D pleads not guilty and case is adjourned for summary trial
- CC: when D is sent for trial or Voluntary Bill of Indictment preferred against a defendant
Even where statutory duty has not arisen, P must disclose any material in the interests of justice and fairness - including for early preparation of a case
Once initial duty of disclosure arises, when must the prosecutor serve disclosure by?
- ASAP
- Magistrates’ court: if D pleads not guilty and case is adjourned, the court will give a deadline for any further evidence / unused material. Must serve with sufficient time for trial
- Crown Court: must serve sufficient evidence in advance of PTPH
What is the duty of disclosure on the defence?
Duty to serve the defence statement
What are the main directions at the PTPH?
Parties fill in a PTPH form in advance of hearing (Crown Court)
- Plea stage - arraignment - indictment put to defendant and they plead guilty or not guilty to each count
- Trial pre - 4 stage dates by which parties required to comply with certain directions
a) Trial date
b) Prosecution evidence
c) Expert evidence
d) Witness requirements
Where a witness is keen to not be a witness or avoid attending court, what action should be taken?
Prosecution or Defence can ask court to issue a witness summons, either for the person to attend or to produce a document
- Both MC and CC have this power
The test for the party seeking the summons is that:
- witness likely to be able to give evidence that is likely to be material evidence
- interests of justice to issue summons
If a witness disobeys a witness summons with a “just excuse”, courts can issue a warrant for the arrest - can be punishable as contempt of court
