Case Management and Pretrial Hearings Flashcards
Under the Magistrates Court’s standard directions, P must serve evidence and notice of intention to adduce BCE within how many days of the directions?
28 days
Under the Magistrates Court’s standard directions, how long after initial disclosure by P does D have to serve their defence statement and details of any witnesses?
14 days
In the Crown Court, the plea and trial prep hearing (arraignment) is held within how many days after the case was received by the Magistrates Court?
28 days
Within how many days of P’s disclosure must D serve their defence case statement in the Crown Court?
28 days
When an indictable only matter is sent to the Crown Court, a preliminary hearing will take place within how many days of being sent to trial (if requirements are met)?
14 days
What are the 5 situations in which a preliminary hearing will be held at the Crown Court within 14 days of being sent to trial for an indictable only matter?
(1) Trial is likely to last more than 4 weeks
(2) Case management problems to address
(3) Early trial date is needed
(4) One of the Ds is under 18, or
(5) Likely to be an early guilty plea
What is a Goodyear indication?
Where D asks for an indication of sentence before entering a plea
Does a judge have to give a Goodyear indication?
What happens if they do?
No
They are bound by the indication if D pleads guilty
How long does P usually have to complete disclosure in the Crown Court?
(note, there is a different answer if D is on bail)
50 days (70 if D is on bail)
P is under a duty to disclose all evidence upon which it _____ __ _____ at trial
intends to rely
P has an ongoing duty to disclose unused material which might reasonably be considered capable of doing what 2 things?
- Undermine P’s case
- Assists D’s case
