Case management and trials Flashcards
What is a case management hearing?
Where directions are given after a defendant enters their plea.
This may be immediately after or at a subsequent hearing.
How long do the parties have to prepare their case for trial at the magistrates court?
8 weeks
14 weeks where there is expert evidence
What additional trial preparation may be required?
Securing attendance of witnesses at trial
D must serve notice on the CPS of names, addresses and DOB of witnesses they intend to rely on
Expert evidence should be obtained
Documentary evidence should be obtained
D should obtain unused material from CPS
How should witnesses be secured for trial?
The court can issue a witness summons if it is satisfied that the witness can give material evidence in the proceedings and it is in the interest of justices for the witness to be summoned.
When should the defence serve the notice on the CPS of their witnesses and their details?
Within 28 days of the prosecutor complying with their initial duty to disclose.
Does an expert witness need to attend court?
No, provided:
- the statement is signed and dated
- it contains the relevant statement
- a copy has been served on the o/s
- none of the other parties have objected
What should accompany documentary evidence?
A witness statement from the person who prepared it/took the photos.
When may a preliminary hearing be needed?
Prior to a plea and trial preparation hearing at the Crown Court.
For offences triable on indictment if:
- the trial may exceed 4 weeks
- it is desirable for an early trial date
- where D is under 18
- there is likely to be a guilty plea
When should a preliminary hearing (if required) take place?
Within 10 business days of the day the case is sent from magistrates to Crown Court.
When should a PTPH hearing be held?
Within 20 business days of the day the case is sent from the magistrates to Crown Court.
What will occur at the start of the PTPH?
The defendant will be arraigned i.e. formally charged and asked to enter a plea.
If D pleads not guilty at the PTPH, what will the judge request?
They will determine if additional directions are needed on the basis of (but not limited to) the summary of issues, number of witnesses, expert evidence etc.
What is the ‘warned list’?
Cases awaiting trial which have not been given a fixed date.
What will happen at the conclusion of the trial?
D will be released on bail or remanded in custody pending trial.
What is the prosecution’s initial duty of disclosure?
The CPS must serve all the evidence which it wishes to rely on in trial.
They should retain their unused evidence and disclose to D when requested.
When may the CPS withhold unused material?
When it contains material which is protected by public interest immunity (where disclosure would create a real risk of serious prejudice to an important issue)
What is the defence’s disclosure obligations?
In the magistrates - a Defence Case Statement may be served within 10 business days of initial disclosure of the prosecution (not mandatory).
In the CC - this extends to 20 days and is mandatory.
What happens if the defence do not serve a Defence Case Statement in the CC?
The court may draw adverse references
What must a Defence Case Statement contain?
Nature of the defence and what defence they may wish to rely on
The matter of fact D takes issue with
Particulars of facts
Relevant points of law D wishes to rely on
Name, address and DOB of any alibi
Once D serves a Defence Statement, what are the additional obligations on the prosecution?
The CPS must review its unused material to determine if it is capable of undermining their case/assisting the defence.
