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SQE general > CLP WK 4 > Flashcards

CLP WK 4 Flashcards

1
Q

What are pre-trial matters?

A

All issues that need to be resolved before a trial.

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2
Q

Give three examples of pre-trial matters.

A

Setting a trial date, applications for witness summons, and resolving legal arguments.

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3
Q

When might pre-trial matters be addressed?

A

At the first hearing, at a separate pre-trial hearing, or on the day of the trial.

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4
Q

What is a binding ruling?

A

A decision made by the court on a pre-trial matter that cannot be changed unless there is a material change in circumstances.

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5
Q

Which hearing is mandatory for all Crown Court cases?

A

Plea and Trial Preparation Hearing (PTPH).

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6
Q

What is the aim of the PTPH?

A

To resolve all pre-trial matters and ensure the case is ready for trial.

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7
Q

Within how many days of the magistrates’ court sending a case to the Crown Court must the PTPH be held?

A

28 days.

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8
Q

What are the two stages of a PTPH?

A

Plea stage and trial preparation stage.

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9
Q

Give three examples of pre-trial applications that might be made.

A

Applications for special measures, witness summons, and applications to exclude evidence.

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10
Q

What is the time limit for serving evidence in the Crown Court if the defendant is in custody?

A

50 days.

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11
Q

What is the time limit for serving evidence in the Crown Court if the defendant is on bail?

A

70 days.

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12
Q

Within how many business days must a draft indictment be served in the Crown Court?

A

20 business days.

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13
Q

What is meant by ‘unfit to plead’?

A

When a defendant is unable to understand the charges or participate in the trial due to mental or physical incapacity.

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14
Q

What are the four possible orders if a defendant is found unfit to plead but is found to have committed the act?

A

Absolute discharge, supervision order, hospital order, and guardianship order.

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15
Q

What is the goal of the PTPH?

A

To ensure that by the end of the hearing, a trial date is set, and all pre-trial work is completed.

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16
Q

What are the two categories of material that the prosecution has a duty to record?

A

Used material and unused material.

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17
Q

What is used material?

A

Material that the prosecution intends to rely on at trial.

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18
Q

What is unused material?

A

Material obtained during the investigation that the prosecution does not intend to rely on at trial.

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19
Q

What principle underpins the need for the prosecution to disclose unused material?

A

Fairness

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20
Q

Which Act governs disclosure in criminal proceedings?

A

Criminal Procedure and Investigations Act (CPIA) 1996.

21
Q

Name the four stages of disclosure in criminal proceedings.

A

Investigation stage, initial prosecution disclosure, defence disclosure, continuing prosecution disclosure.

22
Q

Who has responsibility for managing the investigation and ensuring proper recording and retention of material?

A

Officer in charge of the investigation.

23
Q

Who reviews the material gathered in the investigation and determines what needs to be disclosed?

A

Disclosure officer.

24
Q

For how long must the prosecution retain material if the defendant is convicted and sentenced to a custodial sentence?

A

Until the defendant’s release.

25
Q

For how long must the prosecution retain material if the defendant is convicted and sentenced to a non-custodial sentence?

A

Six months after conviction

26
Q

What is the prosecution’s initial duty of disclosure?

A

To disclose any material that might undermine its case or assist the defence.

27
Q

Which section of the CPIA sets out the prosecution’s initial duty of disclosure?

A

s.3.

28
Q

When must initial details of the prosecution case be served in the Crown Court?

A

By the start of the first hearing.

29
Q

When does the prosecution’s duty of disclosure arise in the Magistrates’ Court?

A

When the defendant pleads not guilty and the case is adjourned for trial.

30
Q

Is there a statutory time limit for initial disclosure?

A

No.

31
Q

What is the common law duty of disclosure?

A

A duty to disclose material that might assist the defence at an early stage, e.g., at a bail hearing.

32
Q

What is a defence statement?

A

A written statement setting out the defendant’s defence.

33
Q

Is the defendant required to serve a defence statement in the Crown Court?

A

Yes

34
Q

Is the defendant required to serve a defence statement in the Magistrates’ Court?

A

No.

35
Q

What are the key purposes of a defence statement?

A

To identify the issues in dispute, to set out the defendant’s case with reasonable clarity, and to allow the prosecution and court to prepare for trial.

36
Q

What must a defence statement include?

A

The nature of the defence, any specific defences that will be relied on, any points of law that the defendant intends to raise, and the facts that are disputed.

37
Q

How long does the defendant have to serve a defence statement in the Crown Court?

A

28 days after the prosecution serves initial disclosure.

38
Q

How long does the defendant have to serve a defence statement in the Magistrates’ Court?

A

10 business days after the prosecution serves initial disclosure.

39
Q

What is the consequence of the defendant failing to serve a defence statement in the Crown Court?

A

The jury may be able to draw an adverse inference from the defendant’s failure.

40
Q

Who has a continuing duty to review disclosure?

A

The prosecution.

41
Q

When must the prosecution review its disclosure?

A

Throughout the proceedings, and particularly after the defence statement is served.

42
Q

Can the defence apply for further disclosure from the prosecution?

A

Yes, under s.8 of CPIA 1996.

43
Q

What is third-party disclosure?

A

Disclosure of material held by someone other than the prosecution or defence.

44
Q

Is there a duty on third parties to disclose material?

A

No, but the prosecution and defence can apply to the court for an order requiring a third party to disclose material.

45
Q

What is public interest immunity?

A

A legal principle that protects sensitive information from disclosure if it would harm the public interest.

46
Q

When will a court grant public interest immunity?

A

If the court is satisfied that the public interest in withholding the material outweighs the defendant’s right to a fair trial.

47
Q

When does a trial begin in the Crown Court?

A

After the jury is sworn.

48
Q

If the defendant chooses not to give evidence, what might happen?

A

The jury may draw an adverse inference from the defendant’s silence.

49
Q

What is a ‘route to verdict’?

A

Written steps that the jury follows to reach a verdict, as instructed by the judge in the summing up.

SQE general (24 decks)

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