Case Management: Magistrates Court, and Plea and Trial Preparation Hearing in Crown Court Flashcards

1
Q

when are case management decisions made?

A

directions can be made:

  • at first hearing
  • at pre-trial hearings
  • on day of trail before trial starts
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2
Q

what are the case management directions at the magistrates court?

A

Parties must complete the PET form at the first hearing which is only in MC not CC - includes

  • facts in issue (to say D is pleading not guilty and will put the prosecution to proof is not sufficient)
  • if a point of law arises as part of their case
  • witness evidence that can be agreed and read out to the court as admissible hearsay;
  • if any evidence can be adduced by a formal admission(s)
  • how many witnesses need to be called for each side and a time estimate for their oral evidence plus the dates on which they are available to attend the trial (witnesses should only attend trial if they can testify on issues in dispute between the parties and the court must actively consider whether the witnesses’ evidence can be agreed and admitted in their absence under the hearsay provisions);
  • whether the record of interview at the police station (ROTI) can be agreed;
  • whether any applications to admit evidence of bad character or hearsay are anticipated;
  • whether a witness will need to testify under a special measures direction; and
  • a realistic time estimate for the trial.

directions include:

  • service of documents between parties
  • resolve matters of law or set out time table for when they are to be resolved in pre-trial hearings
  • set trial date
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3
Q

If a party anticipates a problem with being ready by the trial date (e.g., witness unavailability) what must it do?

A

the party is under a duty to notify the court’s case progression officer so that an application can be made to vacate the date set for the trial

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4
Q

what is the obligation on the court re witnesses? (2 points)

A
  • witnesses should only attend trial if they can testify on issues in dispute between the parties
  • the court must actively consider whether the witnesses’ evidence can be agreed and admitted in their absence under the hearsay provisions
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5
Q

can a defendant have a pre-trial ruling discharged or changed?

A

not if the application is made on the same facts as were relied on before - application can only be made where:

  1. there was a material change in circumstances
  2. something was not brought to the court’s attention when they made the ruling which could justify variation or discharge
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6
Q

what is the plea and trial preparation hearing and when does it occur?

A
  • CC case management takes place at the PTPH
  • PTPH occurs 28 days after the first hearing when the case is sent by Magistrates Court
  • Parties must complete the PTPH Form
  • 2 stages at PTPH = (1) Plea Stage aka arraignment and (2) Sentence or trial preparation stage
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7
Q

what does the prosecution have to do before the PTPH? (2)

A

(1) serve its evidence on D within:

  • 50 days of when D was sent to CC if D is in custody
  • 70 days of when D was sent to CC if D is on bail

(2) serve draft indictment on CC = max 20 business days after serving its evience

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8
Q

what is arraignment at the PTPH?

A

D enters plea:

  1. D pleads guilty on all accounts = case moves to sentencing
  2. D pleads not guilty on all accounts = court moves to trial preparation stage

(note = if D wants to plead not guilty, D must make an APPLICATION TO DISMISS CHARGES BEFORE making a plea)

  1. D pleads guilty to some accounts and not guilty to some accounts = prosecution considers how to proceed / case may move to trial preparation stage
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9
Q

what if D is unfit to make a plea at the PTPH?

A

judge determines if D is unfit to plead (hears medical evidence)

if so:

  • D cannot enter a plea
  • judge CANNOT make a custodial sentence +
  • only determines if D had actus reus NOT mens rea
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10
Q

if D is planning on pleading not guilty at PTPH, what does D need to do BEFORE D enters the plea?

A

Make an application to dismiss charges

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11
Q

what happens at the trial preparation stage at the PTPT?

A

Court gives directions for:

  1. prosecution evidence = ensures P evidence has been served appropriately; if evidence is outstanding, judge sets timetable
  2. witness requirements = witnesses D wants to cross-examine and adduce
  3. set trial date
  4. considers applications and gives directions for = adducing or excluding evidence applications, disclosure, defence statement, special measures, and agreed and disputed facts (but such applications can also be made after PTPH)
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12
Q

what types of applications can be made before trial begins?

A
  1. exclude or introduce inadmissible evidence = s76, s78, hearsay, bad character
  2. special measures for witnesses
  3. measures to assist vulnerable defendants
  4. witness summons and warrants
  5. applications to change plea
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13
Q

what are special measures applications?

A
  • P or D can apply for special measures to assist their witnesses in giving evidence in court (does not apply to D)
  • where W are children, vulnerable, or afraid to testify
  • the court will consider which measures maximise the QUALITY of the evidence
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14
Q

what are the types of special measures? (8)

A
  • screens to shield W from D
  • live link so W can give evidence outside of court
  • W gives evidence in private (sexual offence cases or W is intimidated by someone other than D)
  • removal of wigs and gowns by judges and barristers
  • video recording of W interview before trial admitted as W’s evidence in chief (sexual offence cases)
  • pre-trial video recorded cross-examination or re-examination
  • examine W through an intermediary to assist W to give evidence in court (this is not available to witnesses who are afraid)
  • aids to communication via interpreter or communicator (this is not available to witnesses who are afraid)
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15
Q

who is eligible for special measures? (5)

A
  • minors at the time of trial
  • mental disorder or significant impairment of intelligence and social functioning or physical disability = eligible where the court considers that this diminishes the quality of their evidence
  • in fear or distress about giving evidence in court = eligible where the court considers that this diminishes the quality of their evidence
  • all adult complainants of sexual offences or slavery offences
  • W in cases of homicide, firearms, or knives offences
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16
Q

what applications can be made for vulnerable defendants?

A

defence can apply to have D give their evidence via live link or through an intermediary

test = the court must be satisfied that it would be in the interests of justice and the live link would improve the quality of D’s evidence because either:

  1. D is a minor and their ability to participate effectively as a witness giving oral evidence is compromised by their level of intellectual ability or social functioning
  2. D is over 18 and are unable to participate effectively as a witness giving oral evidence because they have a mental disorder or a significant impairment of intelligence and social functioning
17
Q

what are witness summons and warrants?

A

P or D can apply to ask the court to issue a witness summons if there is a risk that their witnesses will not attend court

test =

  1. the witness is likely to be able to give evidence that is likely to be material evidence, and
  2. it is in the interests of justice to issue a summons

if the witness does not attend court without just excuse under a summons, the court can issue a warrant for their arrest, punishable as a contempt of court

18
Q

when can defendants change their plea?

A

D’s must apply to vacate their plea:

(1) not guilty to guilty = at any time before the jury returns its verdict

(2) guilty to not guilty = at any time before sentencing but:

  • judges exercise this discretion judicially and sparingly
  • court rejects this if D was properly represented
  • discretion exercised where P has no evidence for an element of the offence or D was improperly placed under undue pressure to plead guilty or was misadvised by their lawyers