Chapter 6: Case Management and Pre-Trial Hearings Flashcards
Magistrates’ Court - when does the court take an active role in case management?
When the case is set down for summary trial.
Once plea before venue is completed and summary trial elected (or, in the case of summary only offences, once a not guilty plea is entered), the court proceeds to case management.
How does case management in the Magistrates’ Court begin?
A case management form is completed by the court’s legal advisor with help from the prosecution + defence
What is included in a case management form? (MC)
i. details of witnesses to be called
ii. details of agreed prosecution witnesses (whose statements can be read)
iii. estimated length of trial,
iv. any likely applications to the court,
v. any special arrangements (such as an interpreter), and
vi. confirmation that the defendant has been advised on credit for early guilty plea + that the trial will proceed in their absence if they fail to attend.
Magistrates’ Court - what are the standard directions given by the court?
- Court must service its evidence within 28 days,
- Defence must serve a defence statement (if it is to be served) within 14 days + notify which prosecution witnesses are required to attend within 7 days
Crown Court - when will a preliminary hearing take place?
When an indictable only matter is sent to the CC, a preliminary hearing will take place within 14 days of being sent if:
- the trial is likely to last more than 4 weeks,
- there are case management problems to address,
- an early trial date is needed,
- one of the defendants is under age 18, or
- there is likely to be an early guilty plea
Crown Court - when does a plea and trial preparation hearing take place?
Takes place 28 days after the case was sent from the MC.
CC - what happens at a plea and trial preparation hearing?
The defendant will be arraigned, which means their plea will be taken on the indictment.
Sometimes, the prosecution will agree to ‘offer no evidence’ on some counts if the defendant pleads guilty to others, or to let some counts ‘lie on the court file’.
These both mean that the count will not be pursued in exchange for the defendant’s guilty plea to other counts.
CC - what happens if a defendant pleads guilty at the plea and trial preparation hearing?
Court will proceed to sentencing
CC - what may defendant do before entering plea at the plea and trial preparation hearing? Effect of this?
A defendant may ask for an indication of sentence (called a Goodyear indication) before entering plea.
If the judge agrees to give an indication and the defendant then pleads guilty, the judge will be bound by their indication.
CC - what happens if the defendant pleads not guilty at the plea and trial preparation hearing?
The judge will set a trial date after requiring counsel to advise on:
- the facts of the case,
- the number of witnesses,
- their availability, and
- whether special measures (e.g., giving evidence via video link or from behind a screen) will be needed,
- whether there are any issues arising from the defence case statement,
- evidential issues including the adequacy of prosecution evidence, expert evidence, hearsay and bad character, and any other matters of law.
How long does the prosecution have to complete disclosure?
Ordinary 50 days.
70 days if the defendant is on bail.
What is the prosecution’s duty re disclosure?
It is under a duty to disclose all the evidence upon which it intends to rely at trial.
It is also under a duty to disclose any unused material which might reasonably be considered capable of undermining the case for the prosecution or assisting the case for the defence.
This duty is ongoing - must apply this test to any material that comes to lihgt before or during trial.
What must be done if the prosecution seeks to withhold disclosure of sensitive material?
E.g., material that would compromise national security or intelligence operations.
An application must be made to court in chambers to withhold the material on the grounds of public interest immunity.
What is the defence’s duty of disclosure?
Once the prosecution has made disclosure, the defence have 28 days to serve a defence case statement on both the prosecution and the court.
The defence case statement is deemed to be approved by the defendant.
What must a defence case statement include?
Must set out the nature of the defence, including:
- what facts of the prosecution case are disputed,
- what alternative facts the defence alleges,
- what points of law the defence wishes to raise, and
- details of any alibi witness, if relevant.
