Case Managment

Question 1

When must offence be sent to crown court ?

Answer 1

• Either way or summery offence appears related to indictable offence
• summery only offence punishable with imprisonment, or obligatory or discretionary disqualification from driving

Question 2

When will a D who is charged with either way offence who pleads not guilty be tried at crown court ?

Answer 2

• Magistrates decline jurisdiction
• defendant elects crown court trial at allocation hearing

Question 3

When would a preliminary hearing be required in the crown court ?

Answer 3

• case management issues required
• trial is likely to exceed trial date
• desirable to set and early trial date
• d is under 8 years of age or
• likely to be guilty plea

Question 4

When is the plea and trial preparation hearing (PTPH) required ?

Answer 4

For cases where preliminary hearing is not required - purpose if for D to enter plea

Question 5

What if it is a guilty plea at PTPH?

Answer 5

Judge sentences immediately or adjourn for pre-sentence reports

Question 6

What is the prosecution duty to disclose in initial disclosure ?

Answer 6

Required to serve on defendant all the evidence on which it wishes to rely at trial to prove D guilt.

Question 7

How long does D have to make defence disclosure ?

Answer 7

10 business working days after initial disclosure (20 in crown court)

Question 8

What are exceptions to burden of proof on prosecution ?

Answer 8

Defence of insanity

Question 9

Order of court?

Answer 9

1) prosecution opening
2) prosecution case
3) voire dire
4) submission of no case to answer
5) defence opening
6) defence case
7) closing speech
8) summing up by judge
9) retirement of jury and verdict

Question 10

If no unanimous vote what must the majority be ?

Answer 10

11:1 or 10:2 after 2:10 mins if only 11 jurors 10:1

Question 11

When would you do no case to answer ?

Answer 11

When prosecution fails to discharge evidential burden to prove offence