CLP 4 - PTPH Flashcards
Where Pre-trial matters are held in the Magistrates, are the decisions at the hearing binding?
Yes
Where a binding Pre-trial decision is made, how can it be changed?
- material change in circumstances
- new facts now brought to the court which could change the ruling
At what time should a PTPH held in the CC
within 28 days of sending (a plea is taken at the PTPH- Plea and Trial Preparation Hearing)
Where the magistrates’ court sends the case for trial to the Crown Court when must evidence be served?
In custody - 50 days
On bail - 70 days
of the date on which the defendant has been sent for trial in the Crown Court.
When must the Prosecutor file a draft indictment on the Crown Court
28 days after serving their evidence
What are the two stages of a PTPH
- Plea
- Sentence OR Trial Preparation Hearing
In what document is the evidence served on the defence for summary and either way cases?
The prosecution serves the ‘Initial Details of the Prosecution Case’
What is an arraignment?
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
What happens if the defendant pleads guilty to the indictment?
the case moves to sentence
What happens if the defendant pleads not guilty to the indictment?
the court proceeds to the ‘trial preparation’ of hearing.
What happens if the defendant pleads guilty to one indictment and not guilty to another?
prosecution will consider whether to move to sentence or trial preparation.
What if the defendant is ‘unfit to plead at the PTPH?
If the judge determines D is unfit to plead then no plea is taken and the case moves to ‘trial preparation’.
If guilty D can only receive:
- an absolute discharge
- a supervision order
- a hospital order
When can a D change his plea from Not Guilty to Guilty
- before jury return verdict
How does D change his plea in the Crown Court
If Jury already in place, they are directed to find him guilty
When can a D change his plea from Guilty to Not Guilty
Only if not represented properly
