Case Management & Pre-Trial Hearings Flashcards
When are the magistrates’ court case management directions issued?
Once the defendant has pleaded not guilty
How long do the magistrates’ court case management directions give the parties to prepare?
8 weeks
(or 14 weeks when expert evidence required)
What is the form the magistrates’ court case management directions are recorded on?
Magistrates’ Court Trial Preparation Form
What is the time limit for the defence to serve details of their witnesses on the CPS?
28 days from the date on which the prosecutor complies with s3 CPIA (discllosure)
When will the magistrates court issue a witness summons?
If it is satisfied that the witness can give material evidence & it is in the interests of justice for the summons to be issued
When can the submit a written statement instead of having the witness give oral evidence?
If the evidence is not in dispute and:
- Signed & dated
- Contains declaration of truth
- Copy has been served before hearing on the other parties in the case
- None of the other parties has objected within 7 days
In which situation is a Plea and Trial Preparation Hearing held?
For every criminal case sent to the Crown Court
When is a preliminary hearing held before the Plea and Trial Preparation Hearing?
Where it is an indictable-only offence and:
a. There are case management issues
b. Trial likely to exceed 4 weeks
c. Desirable to set early trial date
d. Defendant under 18 or
e. Likely to be guilty plea & D could be sentenced now
Must take place within 10 business days of sending
What is the purpose of a Plea and Trial Preparation Hearing?
To enable the defendant to enter their plea & enable judge to give further case management directions
What is the time limit for holding a Plea and Trial Preparation Hearing?
Within 28 days of sending from mags’ (if no preliminary hearings)
What happens if the defendant pleads guilty at the Plea and Trial Preparation Hearing?
Judge will sentence them immediately or adjourn for preparation of pre-sentencing reports
What happens if a defendant asks for indication of likely sentence at the PTPH?
(Goodyear indication)
Judge will tell them their likely sentence if plead guilty –> if then plead guilty, indication will be binding
What happens if the defendant pleads not guilty at the Plea and Trial Preparation Hearing?
Judge makes any further directions necessary & fixes date for trial / places case in warned list
(warned list = cases waiting for trial without fixed date)
What happens if a defendant wishes to change their plea after the Pre Trial and Preparation Hearing?
Can apply in writing as soon as is practicable at any time before the jury return a verdict
What is the prosecution’s duty of disclosure in the magistrates’ court?
Disclose all evidence on which it wishes to rely at trial
What is the prosecution’s initial duty of disclosure in the Crown Court?
Having disclosed all evidence on which it wishes to rely at trial in mags’ already:
All unused material that might reasonably be considered capable of undermining the case for the prosecution or assisting the case for the accused (s3 CPIA(
What is the test for disclosure by the prosecution (s3 CPIA)?
All material that might reasonably be considered capable of undermining the case for the prosecution or assisting the case for the accused
(objective test)
What is the prosecution’s continuing duty of disclosure?
Under a continuing duty to disclose any further relevant material satisfying s3 CPIA (eg. once see defence statement)
Once the CPS has made initial disclosure, what are the 2 duties of disclosure by the defence?
1) Notify prosecution of any witnesses they intend to call within 28 days of prosecution’s disclosure
2) Serve a Defence Statement (compulsory in Crown Court)
Is it compulsory to serve a defence statement in the magistrates’ court & what are the time limits?
No duty to serve defence statement in mags → if do choose to, must serve within 10 business days of prosecution disclosure
Is it compulsory to serve a defence statement in the Crown Court & what are the time limits?
Compulsory to serve defence statement → must be served within 20 business days of CPS’ initial unused material disclosure & defence have continuing duty to update it
Can the court draw any adverse inferences from the defence statement in the Crown Court?
May draw adverse inference if:
- No or late service
- Incomplete or inconsistent with the defence put forward at trial
What are the requirements for the Defence Statement? (4)
Written statement setting out:
I. Nature of the defence
II. Any matters of fact with which D takes issue & why
III. Any points of fact & law on which D intends to rely
IV. Details of any alibi
