CLP 4 - evidence*

Question 1

In what document is the evidence served on the defence for summary and either way cases?

Answer 1

The prosecution serves the ‘Initial Details of the Prosecution Case’

Question 2

What is the overriding objective?

Answer 2

deal with cases justly and at proportionate cost.

Question 3

At what time should a PTPH held?

Answer 3

within 28 days of sending (a plea is taken at the PTPH- Plea and Trial Preparation Hearing)

Question 4

What is a sending sheet

Answer 4

A notice the magistrates’ court will complete specifying the offences for which D is being sent and the CC where D will be tried

Will be sent to D and CC

No prescribed form

Question 5

Where the magistrates’ court sends the case for trial to the Crown Court when must evidence be served?

Answer 5

D in custody - within 50 days
D on bail - within 70 days

of the date on which D has been sent for trial in the Crown Court.

Question 6

Where is evidence uploaded?

Answer 6

on the “Crown Court Digital Case System”

Question 7

When must the draft indictment be served by the prosecutor?

Answer 7

not more than 20 days after serving prosecution evidence.

Question 8

When might ‘pre-trial matters’ be considered?

Answer 8

• at a first hearing or anytime before the trial starts.

Question 9

If the magistrates’ court holds a pre-trial hearing, e.g. to decide the admissibility of evidence, is this ruling binding on the magistrates’ court that hears the trial?

Answer 9

Yes,

UNLESS one party applies for the ruling to be discharged or varied

Question 10

When can an application to vary or discharge be made?

Answer 10

1. Where there has been a material change in circumstances, OR
2. Something was not brought to the attention of the court when they made the ruling which could justify variation or discharge

Question 11

What are the two parts of the PTPH - Plea and Trial Preparation Hearing in the crown court?

Answer 11

• first ‘plea’; and
• second either ‘sentence’ or ‘trial preparation’ stage.

Question 12

When must an application to dismiss the charges be made?

Answer 12

• before a plea is taken

Question 13

What is an arraignment?

Answer 13

At the plea stage of the PTPH in the crown court the indictment is put to the defendant and they enter a plea of guilty or not guilty to each count of the indictment

Question 14

What happens if the defendant pleads guilty to the incitment?

Answer 14

the case moves to sentence

Question 15

What happens if the defendant pleads not guilty to the indictment?

Answer 15

the court proceeds to the ‘trial preparation’ of hearing.

Question 16

What happens if the defendant pleads guilty to one indictment and not guilty to another?

Answer 16

prosecution will consider whether to move to sentence or trial preparation.

Question 17

What if the defendant is ‘unfit to plead at the PTPH?

Answer 17

If the judge determines D is unfit to plead then no plea is taken and the case moves to ‘trial preparation’.

Court will need to hold jury trial to determine whether D committed AR (not MR).

Question 18

If D is found unfit to plead and a jury finds they have committed the act, what must it be made subject to?

Answer 18

• an absolute discharge
• a supervision order
• a hospital order

Question 19

What 4 matters are dealt with at the trial preparation stage in the magistrates court?

Answer 19

1. Trial date
2. Prosecution evidence - P confirms all served or what is left and when will be served.
3. Expert evidence - directions given for service and seeking agreement between experts.
4. Witness requirements - defence informs P which of P’s witnesses it requires to attend court. D must also give details of its witnesses.

Question 20

What standard directions are given at the trial preparation stage of the PTPH? Name 10

Answer 20

1. Defence statement - D serves a defence statement which sets out their case.
2. Defendant’s interview - P & D to agree an edited record for use at trail
3. Agreed facts and issues. D sets out agreed facts.
4. Disputed facts and issues - D sets out where there is dispute with P
5. Disclosure
6. Bad Character - timetable set for service of bad character applications and responses.
7. Hearsay - can either side use it?
8. Admissibility of legal issues. All issues notified
9. Special measures - live link etc. sought be witnesses.
10. Witness summons.

Question 21

What if a party fails to comply with any directions?

Answer 21

They may be required to come to court and explain their failure to do so

Question 22

Disclosure - what is ‘used material’?

Answer 22

material the prosecution will rely upon at trail to prove its case against the defendant.

Question 23

Disclosure - what is Unused material?

Answer 23

Material not being relied upon by the prosecution.

Question 24

Disclosure - what information should be disclosed

Answer 24

Any information potentially relevant material which has not previously been disclosed and might undermine the case or assist the accused

Question 25

Disclosure - what was the finding in R v H and C?

Answer 25

any material held by the prosecution which weakens its case or strengthens that of the defendant should be disclosed, and

must be recorded in a durable or retrievable form.

Question 26

What are the four stages of disclosure for the police?

Answer 26

1) investigation stage - duty to record and retain material during the investigation.

2) initial duty to disclose on the prosecution.

3) defence disclosure.

4) continuing duty on the prosecution to keep its disclosure under review.

Question 27

what roles are involved in an investigation?

Answer 27

• an officer in charge of the investigation - responsible for directing the investigation and ensuring that information is retained.
• an investigator - police officer conducting the investigation (must follow all reasonable lines of enquiry, whether these point towards or away from suspect).
• a disclosure officer - responsible for examining material retained and revealing to prosecutor and defence at prosecutor’s request.

NB: all these functions may be carried out by same person

Question 28

What if the disclosure officer is in doubt?

Answer 28

they must seek the advice and assistance of the prosecutor.

Question 29

What material should be maintained?

Answer 29

All material which may be relevant to a criminal investigation.

Question 30

When does the duty to retain material last until? 4 points

Answer 30

1. Until a decision is taken whether to institute proceedings against a suspect for a criminal offence.
2. Once proceedings commences, until the accused is acquitted or convicted, or until case is discontinued.
3. Where convicted, at least until release from custody (or hospital) (if no custody then 6 months from the date of conviction).
4. Where appeal is in progress, until it is concluded.

Question 31

Must a prosecutor consider disclosure of material that comes to light after proceedings have concluded ?

Answer 31

Yes, if it throws doubt on safety of conviction

Question 32

Procedure for the prosecutor to be notified by the disclosure officer of every item of unused material in both courts

Answer 32

CC - disclosure officer prepares a schedule known as MG6C, which individually lists unused materials.

MC - unused materials listed on streamlined disclosure certificate where not guilty plea is anticipated.

Question 33

Disclosure of sensitive material (i.e. which the disclosure officer believes would give rise to a real risk of serious prejudice to an important public interest)

Answer 33

Listed:

• in a separate schedule, or
• in exceptional circumstances where its existence is so sensitive that it cannot be listed, it is revealed to the prosecutor separately

Question 34

What must a disclosure officer certify?

Answer 34

that to the best of their knowledge and belief they have complied with their duties under the Disclosure Code of Practice.

Question 35

Prosecutor’s initial duty of disclosure

Answer 35

Prosecutor must

1. Disclose any new material which might reasonably be considered capable of undermining the case for prosecution or assisting the case of the accused, OR
2. Give the accused a written statement that the above has been complied with.

Disclosure test is OBJECTIVE

Question 36

A-G’s guidelines?

Question 37

Name 2 requirements for prosecution in long & complex cases with high volume of material

Answer 37

1. must adopt a considered and appropriately resourced approach
2. must encourage dialogue with the defence and engage promptly with them

Question 38

When should the initial details of the prosecution case be served?

Answer 38

No later than the day of the first hearing

Question 39

What must the initial details of the prosecution case allow the defence and the court to take an informed view on?

Answer 39

1. plea
2. venue for trial (on either way cases)
3. case management
4. sentencing (including committal for sentence on either-way cases)

Question 40

In what circumstances and when must unused material be disclosed by the prosecution? (statutory duty) & By when must the prosecutor act?

Answer 40

• Magistrates - only when D pleads not guilty and the case is adjourned for summary trial.
• Crown Court - when D is sent for trial or where a Voluntary Bill of Indictment has been preferred against the defendant.

In both cases, the prosecution must act ‘as soon as reasonably practicable’ once duty arises.

Question 41

Common law duty of disclosure

Answer 41

Even when statutory disclosure duty has not arisen, prosecutor must recognise need for advance disclosure of materials in the interests of justice & fairness.

Question 42

When will a PTPH normally take place

Answer 42

28 days after sending

Question 43

what is a defence statement?

Answer 43

a written statement which sets out the accused’s defence

NB: must not merely rehearse suggestion that D is innocent

Question 44

what are the contents of a defence statement?

Answer 44

1. sets out the nature of the accused’s defence, including any particular defences on which he intends to rely.
2. sets out matters of fact on which he takes issue with the prosecution.
3. sets out why he takes issue on each fact.
4. sets out the particulars of the matters of fact on which he intends to rely
5. indicates any points of law which he wishes to take.

Question 45

what must be included in a defence statement if an alibi is used

Answer 45

1. name, address and d.o.b of the witness to the alibi (or as many as are known).
2. any information which may assist in identifying witnesses if the above is not known

Question 46

What is the time limit for serving a defence statement in the crown court? Can it be extended?

Answer 46

• within 28 days of the prosecution’s initial compliance (or purports) with disclosure.
• can be extended if application is made within the 28 days and the court is satisfied that it would not be reasonable for D to serve defence within 28 days

Question 47

What is the time limit for serving a defence statement in the Magistrate’s Court? Why would the defence make one?

Answer 47

Defence statement is not compulsorily. But if decide to do so, must be done within 10 business days of prosecution’s complying (or purporting to) with initial disclosure.

Failure to make a defence statement will prohibit the defence from making an application for specific disclosure & P will not have opportunity to review disclosure in light of issues.

Question 48

What if the defence wants to call a witness? Are there any time limits?

Answer 48

(for both courts)
D must disclose to the court AND P a notice indicating:
- D wishes to call a witness, and
- ID the witness

Magistrates Court - notice must be served within 10 business days of P’s initial disclosure

Crown Court - notice must be served within 28 days of P’s initial disclosure

Question 49

Can the notice be amended to add or remove witnesses?

Answer 49

Yes

Question 50

5 examples of disclosure failure by the defence

Answer 50

1. Fails to serve defence statement
2. Fails to do so within required time limits
3. Serves a deficient defence statement
4. Relies on a defence at trial which is different to that contained in defence statement
5. Fails to give notice of defence witnesses

Question 51

What happens if the defence statement is not served/insufficient in the crown court?

Answer 51

1. Jury may draw an adverse inference (although can’t convict solely on the basis of an adverse inference).
2. P or Co-D may comment on such failure without the leave of the court (except where leave is required on point of law)
3. P could challenge the lack of defence by serving a notice on the court and D seeking the court to direct that an adequate statement of defence is made

Question 52

What happens if the defence statement is not served/insufficient in the magistrate’s court?

Answer 52

• no adverse inference if no defence statement is made.
• However, can draw adverse inference if insufficient defence statement is made.

Question 53

How does a ‘defence statement’ help the disclosure?

Answer 53

The prosecution are under a duty to continually review disclosure. The defence statement allows the prosecution a chance to re-review its disclosure.

Question 54

Must material be disclosed even if at a late stage in proceedings e.g. after close of prosecution case at trial?

Answer 54

Yes - duty lasts until D is convicted, acquitted or the prosecutor decides not to proceed with the case.

Question 55

Must the defence disclose material which might be helpful to prosecution?

Answer 55

NO - no duty on defence

The defence statement is all about setting out the defence clearly

Question 56

what is ‘specific disclosure’

Answer 56

The defence can make an application to the court where it has REASONABLE cause to believe that there is prosecution material which should have been disclosed.

Note: must relate to an issue identified in the defence statement, cannot be made if there’s a failure to make a defence statement.

NB: considered a last resort option

Question 57

Who serves the application of specific disclosure and where is it served?

Answer 57

Served by D on the court AND the prosecution

Question 58

What must the application for specific disclosure contain

Answer 58

Must describe the material B wants to be disclosed and explain why there is reasonable cause to believe:

• that the prosecutor has the material; and
• that it is material that should be disclosed under the CPIA.

Question 59

how long does the prosecution have to respond to an application for specific disclosure?

Answer 59

14 days

Question 60

What are 4 possible consequences of the prosecution failing to disclose?

Answer 60

1. D could bring an application to stay the indictment.
2. conviction could be quashed on appeal.
3. delay, costs, refusal to extend custody time limits
4. exclusion of evidence

Question 61

What should the defence do before applying for specific disclosure?

Answer 61

write to the prosecution specifying the material which they seek

Question 62

When and how should P obtain third party material?

Answer 62

If 3rd party material might be considered capable of undermining the prosecution or assisting the defence, and there is some reason to believe that the 3rd party holds relevant material, then P should take steps to obtain it.

P can obtain the information trough a summons if 3rd party refuses (in CC, but similar in MC).

Question 63

What if the prosecution holds evidence that is sensitive?

Answer 63

P must apply to the court for a ‘non-disclosure in the public interest’ and the court will decide on the minimum necessary redaction.

Court MAY withhold disclosure of such material to the extent necessary

Question 64

Grounds for a Public Interest Immunity Application (PII)

Answer 64

Where there is a real risk of serious prejudice to an important public interest if the material is disclosed

Question 65

Where must sensitive material be recorded?

Answer 65

At the investigation stage in the Sensitive Material schedule, stating:

• why the material is sensitive and to what degree
• the consequences of disclosing the material to the defence
  ○ including the involvement of 3rd parties in bringing the material to the attention of the prosecution
• the relevance of the material to the issues in the case
• the implications for continuing the prosecution if the material is ordered to be disclosed whether it is possible to make disclosure without compromising its sensitivity.

Question 66

Facts in issue

Answer 66

the facts that any party needs to prove in order to prove its case

for the prosecution, these are needed to prove the offence charged

Question 67

How else can evidence be established other than by a witness giving live evidence?

Answer 67

1. agreeing a witness statement as true by consent of the parties
2. agreeing any fact between the parties
3. a judge or a jury to take ‘judicial notice’ of the fact

Question 68

What happens if a witness statement is agreed as true?

Answer 68

if agreed by prosecution and defence, it is simply read out in court (same weight as if witness there in person).

NB: only works if there is no challenge to evidence.
- If the statement is challenged, the witness must be called and challenged orally.

Question 69

What happens if a fact is agreed?

Answer 69

both parties can just agree the fact as a fact.

both parties’ lawyers will sign agreement.

Question 70

What is a judicial notice of fact

Answer 70

Relates to fact that is obviously true or very easy to find out.

Judges can take judicial notice of a fact ‘on enquiry’ and search up.

NB: jurors cannot take notice on PERSONAL matters that they happen to know, but are NOT generally known (should let the court know).

Question 71

what 4 types of evidence are there:

Answer 71

1. Real evidence - objects and things brought to court.
2. Direct evidence - where a witness has experience of a matter.
3. Circumstantial evidence - evidence from which facts are inferred.
4. A view - jury go to the scene of a crime or visit an object that cannot be brought to the court.

Question 72

For evidence to be admissible, what must it be?

Answer 72

Relevant (whether it proves or disproves fact in issue)

Question 73

Who decides how evidence is weighted?

Answer 73

Jury

However, if problematic evidence, the judge may intervene to rule the evidence as inadmissible (if nobody could reasonably rely on the evidence).

Question 74

Tribunal of fact

Answer 74

Responsible for determining the facts

In the MC - bench of magistrates (or District Judge)
- note this is the same as for law

In the CC - the jury

Question 75

Tribunal of law

Answer 75

Responsible for the law (incl. admissibility of evidence)

In the MC - magistrates (or District Judge)
- note this is the same as for fact

In the CC - judge

Question 76

Can a judge strike out a criminal defence?

Answer 76

NO

the ultimate question of whether the defence was made out would remain with the tribunal of fact, the jury

Question 77

6 principal ways of excluding evidence and/or seeking to bring a prosecution case to an end

Answer 77

1.Applications for dismissal;

2. Submissions of no case to answer;
3. Applications to exclude evidence under s.78 of PACE;
4. Applications to exclude confessions under s.76 PACE;
5. Applications to exclude evidence under the preserved common law provisions;
6. Abuse of process applications.

Question 78

What is an application for dismissal?

Answer 78

a pre-trial application to have the charges against D dismissed.

Question 79

When can an application for dismissal be made?

Answer 79

1. Only after D has been sent to the Crown Court by the Magistrate’s Court for trial, AND
2. Only after D has been served with the evidence relating to the offence, AND
3. Only before D is arraigned (i.e. the offence has been put to D and D has plead guilty or not guilty

Question 80

Where can an application for dismissal be made?

Answer 80

The application is made to the Crown Court Judge and notice must be made in writing.

Question 81

When should an application for dismissal be accepted?

Answer 81

if the judge feels the evidence against the applicant would not be sufficient for him to be properly convicted.

Must take into account all the evidence.

Same test to be applied for no case to answer.

Question 82

Can judicial review be brought against a decision on whether an application for dismissal is accepted?

Answer 82

No

Question 83

Where can a submission of no case to answer be made?

Answer 83

either Magistrates or Crown Court

Question 84

When can a submission of no case to answer be made?

Answer 84

During a trial after the prosecution has submitted all of its evidence.

Question 85

Who is a submission of no case to answer made to?

Answer 85

Judge (in the absence of a jury if in Crown Court)

Question 86

What will jury be informed of re no case submission in Crown Court

Answer 86

If application is unsuccessful, jury will NOT be informed that application was made.

If application is successful, the jury WILL be informed that there is sufficient evidence on the count.

Question 87

When should a submission of no case to answer be accepted?

Answer 87

R V Galbraith

“Where the judge comes to the conclusion that the prosecution evidence taken at its highest is such that a jury properly directed could not properly convict upon it.

Question 88

What will the court do on conclusion of the prosecution’s case, on D’s application or its own initiative (re no case to answer)?

Answer 88

May ACQUIT on grounds of insufficient evidence for any reasonable court to properly convict.

HOWEVER, must not do so UNLESS the prosecutor has had an opportunity to make representations (right to reply).

NB: neither MC or CC need to give reasons when rejecting submission of no case

Question 89

What are the 2 grounds for abuse of process?

Answer 89

1. where the court concludes that the accused can no longer receive a fair hearing.
2. where it would otherwise be unfair to try the accused (integrity of the criminal justice system).

NB: ONLY the first ground is applicable for magistrates’ court.

Question 90

Examples of when abuse of process might be applicable

Answer 90

• where D has been tricked or coerced into committing an offence D would not otherwise have committed
• where D is prosecuted despite an unequivocal promise by the prosecution that D will not be
• where the police have acted in such a way as to undermine public confidence in the criminal justice system and bring it into disrepute
• where the prosecution has manipulated or misused the process of the court
• delay

Question 91

What is the remedy for abuse of process?

Answer 91

the case is stayed (closed without a guilty/not guilty verdict

NB: remedy of last resort (should NOT be used if any lesser remedy will be just & proportionate).

Question 92

Who has burden of proof for abuse of process application and to what standard must this be proven?

Answer 92

Defence

Balance of probabilities

Question 93

What is the Common law discretion to exclude evidence?

Answer 93

• court can reject evidence where its necessary for a fair trail.
• can exclude where its prejudicial effect outweighs its probative value.
• Only applies to prosecution evidence (not available to prosecution or co-defendant).

Question 94

If proved, is s.78 (adverse effect) discretionary?

Answer 94

Yes, the court can decide not to apply it

Question 95

Who can make an application under s.78 (adverse effect) PACE?

Answer 95

defendant - only applies to prosecution evidence.

NB: cannot be used by P or Co-D.

Question 96

What is a Section 78 application?

Answer 96

where the admission of the evidence would have such an adverse effect on the FAIRNESS of proceedings that the court MAY not to admit it.

Normally applies where there is a ‘significant and substantial’ breaking of the PACE rules (focus on effect of breach, not its seriousness).

• However, if resulting evidence is of such good quality that verdict would reflect the truth, may still be fair and thus allowed.

Question 97

Are the PACE codes admissible as evidence?

Answer 97

YES

Question 98

Can the decision to exclude evidence under s 78 be appealed?

Answer 98

The Court of Appeal will not interfere with a judge’s decision under s.78

unless satisfied that the decision was perverse, i.e. no reasonable judge having heard the evidence could have reached the conclusion that he did.

Question 99

Which evidence does a Section 78 (adverse effect) application apply to?

Answer 99

All prosecution evidence (not just confession evidence)

Question 100

When can a section 78 (adverse effect) application be made?

Answer 100

1. before the trial
2. at the commencement of the trial
3. just prior to the prosecution seeking to admit evidence that the defence wishes to be excluded.

Key point is for it to be made BEFORE the evidence to which objection is taken is adduced.

Question 101

What happens if the facts underlying the section 78 (adverse effect) application are disputed?`

Answer 101

The court will hold a ‘Voir dire’ - a mini trial to find the facts (only the disputed facts heard).
- held in the absence of a jury in CC.

Normal burden & standard of proof (beyond reasonable doubt)

Question 102

What does s.76 apply to?

Answer 102

A confession that was obtained by oppression (even if the court thinks the confession was true).

Anything said or done which was likely to render a confession unreliable.

Question 103

What is a confession?

Answer 103

Includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise.

NB includes:
- unequivocal confessions
- mixed statements
- nod, sign or gesture (depends on context)

Question 104

Does s 76 automatically come into play to challenge confessions? Burden/standard of proof

Answer 104

No - must be raised by defence, or the court can itself require the prosecution to prove that the confession was not obtained through oppression/is unreliable.

So defence raises and then burden with prosecution to prove to court beyond reasonable doubt that confession was not obtained that way.
- if not, confession is excluded (even if true).

Question 105

If proved, is s.76 discretionary?

Answer 105

No it is mandatory

Note: s.78 (adverse effect) is discretionary

Question 106

S.76 - When might a confession not be given in evidence?

Answer 106

where obtained:

• by oppression of the person who made it; or
• in consequence of anything said or done (can be omission or failure to act) which was likely, in the circumstances existing at the time, to render unreliable (objective) any confession which might be made by him in consequence thereof.

Note: this must be something external to the accused - it cannot be them simply thinking they’ll get bail if they admit to something for example.

There must be a causal link between the oppression/thing said or done that results in the confession

Question 107

3 examples of unreliable confessions

Answer 107

1. Deprivation of sleep
2. Failure to caution
3. Denial of access to legal advice

Question 108

S.76 - Can the court require the prosecution to prove that a confession was not made under duress?

Answer 108

Yes - the prosecution must prove beyond all reasonable doubt

Question 109

S.76 Where something was said or done to render a confession unreliable, does the court consider the reliability of the actual confession made?

Answer 109

No - the court must decide whether there is a likelihood that any confession would be unreliable in the circumstances prevailing at the time (R v Gill)

Question 110

S.76 If a confession is found to be unreliable, does that prevent other evidence related to the confession from being admissible?

Answer 110

No - exclusion does not affect the admissibility in evidence:

• of any facts discovered as a result of the confession; or
• where the confession shows how the accused speaks, writes or expresses himself.

However, you can’t say that the facts were found because of the confession (unless evidence given of how it was discovered by them).

Question 111

s.78 - When is unfair evidence excluded?

Answer 111

If the admission of evidence would have such an adverse effect on FAIRNESS of the proceedings that the court ought not to admit it.

Question 112

What form is used in preparation for a pre trail hearing in the magistrates court and what does it contain?

Answer 112

Preparation for Effective Trial Form

• Contact details of parties to the case
• Evidence relied on by prosecutors
• Elements of case disputed by defence
• Any decisions or directions required

Question 113

What are the standard directions output for a pre trail hearing in the magistrates court?

Answer 113

• Service of evidence and disclosure - date given by court.
• details of witnesses and evidence - 14 days after disclosure is complete.
• expert evidence - report to be served by D on prosecution.
• securing attendance - is a summons required?
• special measures - esp. witness special measures.

Question 114

Must a Plea and Trial Preparation Hearing be held in all cases to the Crown Court?

Answer 114

Yes

Question 115

What is the first step of a PTPH in the crown court?

Answer 115

Araignment

Charges read out an plea taken for each charge

Question 116

Which court do the prosecutions duty to disclose apply to?

Answer 116

The duties are the same in both the magistrates and crown court

Question 117

When must initial disclosure be made?

Answer 117

Magistrates court - as soon as is reasonably practicable after defendant has plead not guilty.

Crown Court - as soon as reasonably practicable
- after case is committed or transferred for trial.
- after evidence is served
- after indictment added

Question 118

If an allegation of s.76 (oppression) is made. Who has the burden of proof and to what level?

Answer 118

The prosecution must show beyond reasonable doubt that there was no oppression.

Question 119

If an allegation of s.76 oppression is made by the defence, how is the matter decided?

Answer 119

By voir dire (mini trial)

Question 120

What does s.78 PACE apply to?

Answer 120

Any evidence proposed by the prosecution.

Question 121

Can the prosecution use s.78 (adverse effect)?

Answer 121

No, only the defence.

Prosecution can only have evidence excluded on irrelevance

Cannot be used by co-defendant either.

Question 122

What is the first hearing in the crown court?

Answer 122

Plea and trial preparation hearing
(PTPH) - MUST happen in all cases (often the only one)

Question 123

At the first hearing at MC, what will the court give directions for?

Answer 123

1. Service of documents between parties (if needed)
2. Either resolve there and then any matters of law OR set out a timetable as to when they will be resolved (at pre-trial hearing or morning of trial)
3. Set a trial date

Question 124

Can D enter a guilty plea for indictable only offence at MC

Answer 124

NO - they have no jurisdiction to hear it

Question 125

Where a trial is anticipated, when should the parties complete a PTPH form?

Answer 125

In advance of hearing

Question 126

Summary trial - what happens at the first hearing where D pleads not guilty and the case is adjourned for summary trial?

Answer 126

1. if there is any further prosecution evidence still to be served the court will give a date by which this must be done.
2. if the prosecution has not complied with its initial disclosure of unused material at this stage, a date will be given for this to be completed.

Question 127

When should the prosecution serve sufficient evidence in Crown Court trial?

Answer 127

In advance of or at the PTPH

Exceptions:
- murder
- cases involving children where a further hearing will be envisaged.

Question 128

At the PTPH, what if there is still more prosecution evidence still to serve and/or if initial disclosure has not been complied with?

Answer 128

Dates will be given by when this must be done

Question 129

Once the prosecution has complied (or purported to comply) with its initial duty of disclosure, does this bring to an end the prosecution’s duty re disclosure?

Answer 129

NO - prosecution is under a continuing duty to review disclosure throughout the criminal proceedings

Question 130

Following initial disclosure by the prosecution, what document may the defence provide?

Answer 130

Defence statement

Mandatory in Crown Court

Optional in magistrates’ court