Case Managment And Pretrial Hearings Flashcards
What is included in the steps that must be taken PRE-TRIAL?
Obtaining evidence from witnesses,
Obtaining details of any “unused” materials the CPS has
What is a case management hearing?
Same time as defendant enters plea of not guilt, or case allocation.
Standard directions, allowing the party 8 weeks to prepare the case for trial (14 where expert evidence is needed) standard form used to record directions ; magistrates court trial preparation form.
How do you secure attendance of witnesses at trial?
Witness summons from magistrates court. Part 17 of CrimPR
When will court issue witness summons?
If it is satisfied that ht witness can I’ve MATERIAL EVIDNECE in proceedings, and it is INTERESTS OF JUSTICE for a summons to be issued.
What are the defence witness obligations?
D must serve on the SPA a notice setting out names, addresses and DOB of any witnesses they intend to call.
This obligation is on both magistrates and crown court.
When should expert evidence be required?
Any technical matter whcih is outside competence of court.
Should be obtained ASAP
What are the disclosure obligations for expert witnesses?
If D solicitor wishes to call an expert, they must serve a copy of the experts report on CPS in advance of trial.
Do all witnesses need to attend trial?
Some witnesses may give evidence that is not in dispute. If this is the case, CPS may obtain statement, but there is little point in calling it to trial.
Section 9 provides a written statement from a witness will be admissible at trial, provided that;
- it is signed and dated
- it contains following declaration of truth
- a copy has been served before hearing on other parties
- none of hte other parties have objective within 7 days
What happens to documentary evidence in trial?
Plans or photographs. Any of these should be verified by a witness statement of the person who prepared or took them.
What is the plea and trial preparation hearing? PTPH
A hearing at the CROWN COURT
When will a PTPH take place with an indictable offence?
An adult D with offence triable only on indictment will be sent straight to crown court for trial. Puropse of the hearing ist o determine if the offence is charged, and if there are RELATED offences that hsould ALSO be sent to crown court.
When magistrates have determined that D is charged with offence, they will set a date for PTPH at crown court, and will remand the D either on bail or custody.
When will PTPH take place with ether way offences?
If pleads not guilty before venue, wll be tried in crown court if magistrates decline jurisdiction or D chooses it. D is sent to con court, as for offence of indictment.
A D who is sent for either way, may a,so be charged with another offence tat is summary only. D may be tired for these at the crown court, if the offence is found on the same facts, or is part of serious of offences of hte same character.
What is a preliminary hearings in the crown court?
The CrimPR standard case management directions, magistrates court will issue when a case is sent for trial to the crown court.
However, when an indictable offence is sent for trial, a preliminary hearing MAY take place at crown court. If needed ,any directions will be given by judge.
When will a preliminary hearing take place?
If the indictable offence if:
- case management issue which crown court need to resolve
Trial is likely to exceed 4 WEEKS
D is under 18
Likely to be guilty plea and D could be sentenced at preliminary hearing.
When must the preliminary hearing take place?
Within 10 business days of the date one which eh magistrates send the case to crown court
What is the purpose of the PTPH
To enable the D to enter their plea, and to enable the judge to give further cae management directions for CPS and D solicitor to comply with trail.
This happens where a preliminary hearing is NOT required, and only happpens in crown court.
What is arraignment at PTPH
At the start of PTPH, the D wll be arraigned. This means that the count on indictment will be pt to the D, who will either plead guilty or NOT.
If D pleads guilty to SOME counts, but not others, the jury will not be told about the counts entered.
What happens if a guilty plea happens at PTPH
If D pleads guilty at PTPH, judge will either setnence immediately, or adjourn setnence for preparation of pre-setnence report.
Also if Newton hearing is needed.
Can indication of setnence be issued at PTPH
Yes, judge is now permitted at PTPH to give D an advance indication of the likely setnence they would recieve if they were to enter a guilty plea at that stage.
D must specifically ask for such an indication.
What happens if not guilty plea is entered at PTPH?
Judge will consider if any further directions are necesary to prepare for trial.
