CLP 14 - Pre-trial hearings Flashcards
When are pre-trial matters usually dealt with?
- First hearing
- Pre-trial hearing (e.g., PTPH)
- Trial day (before trial starts)
Pre-trial matters can be addressed at multiple stages depending on the case complexity.
Where are pre-trial matters handled in the Magistrates’ Court?
- At the first hearing in straightforward summary-only cases
- At additional hearings for complex cases
Is a pre-trial hearing required in the Crown Court?
Yes – at least one pre-trial hearing (usually PTPH) is required for all cases.
What must parties complete before the first hearing?
A case management form.
What directions may the court give?
- Service of documents
- Legal rulings or timetable for legal issues
- Trial date
When is a legal ruling binding in pre-trial?
- Unless circumstances change
- New information justifies changing it
What is a challenge in magistrates’ court regarding excluded evidence?
Same magistrates must ignore inadmissible evidence they previously heard.
What must the magistrates’ court do when sending a case to Crown Court?
- Set PTPH date (within 28 days)
- Complete ‘sending sheet’
- Ensure evidence is served
When must prosecution evidence be served?
- 50 days (if D in custody)
- 70 days (if D on bail)
(from the date of sending).
When must the draft indictment be served?
Within 20 business days of serving evidence.
What must be completed before a PTPH?
The PTPH form by both prosecution and defence.
What are the two stages of a PTPH?
- Plea Stage
- Trial Preparation Stage
When must an application to dismiss charges be made?
Before a plea is entered.
What happens at arraignment?
D pleads guilty or not guilty to each count on the indictment.
What if D pleads guilty to all counts?
Case proceeds to sentencing.
What if D pleads not guilty to all counts?
Case moves to trial preparation.
What happens with a mixed plea?
Prosecution decides whether to drop remaining charges or proceed to trial.
What if D is unfit to plead?
Jury trial determines actus reus only; sentence can be:
* Absolute discharge
* Supervision order
* Hospital order
What steps are taken at trial preparation stage?
- Set trial date
- Confirm evidence served
- Directions for expert evidence
- Witness lists and time estimates
- Deal with special measures and bad character applications
- Witness summons and disclosure
- Agree/dispute facts and issues
- Serve defence statement
- Deal with hearsay and edited interview recordings
- Timetable for further applications
What are examples of special measures for witnesses?
- Screens
- Live TV link
- Clearing public gallery
- Pre-recorded interviews
- Pre-recorded cross-examination
- Use of intermediary
Who is eligible for special measures?
- Witnesses under 18
- Those with mental/physical disabilities
- Victims of sexual offences or modern slavery
What support can vulnerable defendants receive?
Live link evidence, Intermediary to assist communication.
What can the court do if a witness refuses to attend?
- Issue a witness summons
- Issue a warrant for arrest if the summons is ignored
When can a plea be changed from not guilty to guilty?
Anytime before the jury returns its verdict.
What happens if plea changes mid-trial?
Jury still returns a formal guilty verdict.
When can a guilty plea be changed to not guilty?
Only before sentencing, and only if:
* Key evidence is missing
* D was pressured
* D got incorrect legal advice (Rarely allowed unless strong evidence supports it)
