Chapter 6- Trial Allocation And Disclosure Flashcards
What is IDPC
Initial details of the prosecution case
The initial disclosure of ‘used material’ against the D
Prosecution is required by CrPR part 8 to provide IDPC in all cases
What must IDPC include CrPR Part 8
Where D is in police custody
1) a summary of the circumstances of the offence
2) the defendants criminal record
Where D is out on bail
3) a summary of the circumstances of the offence
4) any account given by the D at interview
5) any written witness statement or exhibit that the prosecution considers material to the plea or allocation of the trial
6) any available statements from victims or victims family’s
If initial details are not served to defendant can they be relied upon?
No, as per court cannot allow the documentation if the D has not had sufficient time to consider it
CrPR 8.2
Requires prosecution to have complied with its obligations under CrPR 8 before D goes before the magistrates court
What is PBV
Plea before venue
Defendants charged with either way offence - chance for the D to indicate how they will plea.
Procedure PBV
1) Legal advisor checks with parties that IDPC has been complied with and if a plea can be indicated
2) of plea decided D will be asked to indicate to the court which plea they have chosen.
3) if guilty, magistrates legal advisor explains to D that they will be down as guilty and will not get a trial
4) legal advisor then reads charge to D and ask the D to indicate if they are guilty or not guilty or equivocal plea or no indication plea
If guilty proceeds to sentence any other plea goes to allocation hearing
Procedure of allocation hearing
1) prosecution give court details of facts in the case and provide court with D prev convictions
2) D then pass comments on facts of the case and suggest where it should be heard
3) court makes its decision
4) court send to crown court- goes to crown court
5) court sends to magistrates then D given option to elect crown court trial they can ask the court if they will be giving D a custodial sentence, court does not have to give indication
6) if D elects crown court. Case sent to crown court
7) if D doesn’t elect crown court then goes to magistrates and a trial date will be set for Prep for trial hearing
Important factors the magistrates must make at the allocation hearing
1) court invites prosecution to disclose previous convictions D has
2) P and D invited to make arguments on whether trial is summary or indictable
3) magistrates to regard the allocation guidelines issued by sentencing council, any representation made by parties and consider relevant sentencing
4) They will assess if they have the relevant powers of sentence in the event of a conviction
5) if case accepted magistrates an committ for sentence on conviction
Exemption to cases allocated to crown court
Criminal damage less than £5k magistrates to treat offence as summary only offence
Low value shop theft less than £200 magistrates cannot allocate to crown court but D can elect crown court trial
Factors in favour of crown court allocation
- higher acquittals rate due to the jury involvement
- disputed evidence for defence challenges are more effective in the crown court
Factors against the crown court allocation
- delays due to high cases
- higher prosecution costs and crown court trial is more expensive
- great sentencing powers
- mandatory defence statement on indictable offences
- more stressful and more formal
- trials at the crown court have publicity interests
Factors in favour of summary trial
- limited powers of sentence
- less delays
- less formal and less stressful
- lower cost to be tried in magistrates
- no obligation on defendant to file a defence statement
- likely to know their legal advocate in the magistrates court
Factors against summary trial
Higher conviction rate
When should used material be disclosed by prosecution
Should be in bundle and served before the PTPH to be effective
If further evidence required, needs to be served on the defence with a notice of further evidence
When should unused material be disclosed
Must be served in time for the first hearing
Regime regarding unused material CPIA 1996
- case allocated to crown court
- prosecution to serve case bundle used material for the PTPH listed
- prosecution to serve S3 CPIA disclosure schedules provide any materials which meet disclosure test (applies to unused material will it assist the defence? or undermine the prosecution?)
- if test is met. It is disclosed to defence
- defence must then serve defence statement within 28 days S5 CPIA
- prosecution then check unused material to see if it’s relevant for the defence via disclosure test. Continuing duty disclosure s7A CPIA
- defence then serve a defence witness notice s6C CPIA
Requirements for defence statement S6A CPIA
- set out nature of accused defence and detail defences they intend to rely upon
- indicate matters of fact they take issue with the prosecution
- set out why they take issue with matters of the prosecution
- set out particulars of matters of fact which they intend to rely for purpose of the defence
- indicate any point of law they wish to take and any authority on which they intend to rely for that purpose
- include any details of alibis
notifications of witnesses
S6C CPIA states
- witness notice must contain name address and date of birth of each witness
- provide information in the accused possession. Which might be useful identifying or finding a proposed witness
What will happen if witness notice of defence statement is incorrect or served late
Adverse interference s11 CPIA
Disclosure NGAP magistrates
Same as crown court but unused material to be disclosed before PTPH via SDC form items to disclose or no items to disclose.
Defence statement not required but witness notice is required
