CLP 22 - Pre-trial matters at or post-PTPH Flashcards
When can evidence applications (to exclude or introduce evidence) be made?
Anytime from the PTPH up to the day of trial, before it begins.
What is the purpose of special measures?
To assist witnesses in giving their best evidence, particularly those who are vulnerable or intimidated.
What are some common special measures under the Youth Justice and Criminal Evidence Act?
- Screens
- Live TV link
- Clearing the public gallery
- Removing wigs and gowns
- Video-recorded evidence
- Pre-recorded cross-examination
- Use of intermediary
- Communication aids
- Witness anonymity orders
- Automatic anonymity in sexual offences
- Ban on in-person cross-examination in certain offences
- Restricted witness identity reporting
Who is eligible for special measures?
- Minors (under 18 at trial/video)
- Individuals with mental, social or physical disabilities
- Witnesses in fear or distress (court discretion)
- Complainants in sexual offences or modern slavery
- Witnesses in homicide, knife or firearm offences
What measures are available for vulnerable defendants?
- Live link evidence (for intellectual/social impairment)
- Use of an independent intermediary to:
- Assist during questioning
- Advise on types of confusing questions
- Clarify communication
Who can apply for a witness summons?
Either the prosecution or defence.
What is the test for issuing a witness summons?
- Witness is likely to give material evidence
- It is in the interests of justice to issue the summons
What happens if a witness ignores a summons?
- May be arrested
- May be found in contempt of court
When can a defendant change a plea from not guilty to guilty?
At any time before the jury returns its verdict.
What happens if a guilty plea is entered after the jury is sworn?
The judge directs the jury to return a guilty verdict.
When can a defendant apply to change a plea from guilty to not guilty?
Before sentencing – application is made to the court.
When will a court usually refuse an application to change from guilty to not guilty?
- If the defendant was properly advised
- If the plea was unequivocal
- If there was no undue pressure
When might a court allow a change of plea from guilty to not guilty?
- Prosecution lacks essential evidence
- Improper legal advice was given
- Defendant shows privilege waiver to explain advice received
What is a likely consequence for legal counsel if a guilty plea is changed to not guilty?
- Criticism from the court
- Counsel or solicitor may withdraw from the case
- May be asked to explain their advice
