Chapter 6: Case Management and Pre Trial Hearings

Question 1

Who completes a case management form in the Magistrates’ Court?

Answer 1

The court’s legal advisor with assistance from the prosecution and defence

Question 2

The standard directions in the Magistrates’ Court provide that the prosecution must serve its evidence within what length of time?

Answer 2

28 days

Question 3

The standard directions in the Magistrates’ Court provide that the defence must serve a defence statement within what length of time?

Answer 3

14 days

Question 4

The standard directions in the Magistrates’ Court provide that the defence must notify the prosecution which prosecution witnesses are required to attend within what length of time?

Answer 4

7 days

Question 5

In what circumstances will a preliminary hearing arise?

Answer 5

When an indictable only matter is sent to Crown Court and is likely to last more than 4 weeks

Question 6

When will a preliminary hearing take place?

Answer 6

Within 14 days of the case being sent to Crown Court

Question 7

When will a plea and trial preparation hearing in the Crown Court take place?

Answer 7

28 days after the case was sent from the Magistrates’ Court

Question 8

What is an arraignment?

Answer 8

Part of the plea and trial preparation hearing - At this hearing the court clerk will read out the list of offences the defendant has been charged with (the indictment) and asks the defendant to plead guilty or not guilty. This process is called arraignment.

Question 9

Sometimes the Court will allow some counts to ‘lie on the Court file.’ What does this mean?

Answer 9

The count is not pursued in exchange for the defendant’s guilty plea on other counts

Question 10

What is a Goodyear indication?

Answer 10

If a defendant asks for an indication of sentence before entering their plea, the judge will be bound by their indication if the defendant goes on to plead guilty

Question 11

How many days does the prosecution have to complete disclosure?

Answer 11

50 days (70 days if the defendant is on bail)

Question 12

What must the prosecution disclose?

Answer 12

All evidence upon which it intends to rely at trial and there is an ongoing duty to disclose any material which may assist the defence or undermine the case for the prosecution

Question 13

When must the defence serve their defence case statement on the Court and the prosecution?

Answer 13

Within 28 days of receiving the prosecution’s disclosure