Crime 7: Preliminaries to trial in the Crown Court

Question 1

What is meant by unfitness to plead?

Answer 1

D is not fit to give instructions, make a plea and follow proceedings

Question 2

What will counsel and judge do if the D is unfit to plead?

Answer 2

Counsel might ask for a psychiatric report.

Judge will decide whether they are fit to plea or not

Question 3

What will happen if they are fit to plead?

Answer 3

arraignment will be in the usual way

Question 4

What will happen if D is not fit to plea?

Answer 4

The jury will be paneled. They won’t need to make a decision on fact, just on actus reus.

Question 5

What will happen if the AR is not made out?

Answer 5

The d can be acquitted

Question 6

What will happen if the AR IS made out?

Answer 6

absolute discharge,

hospital order,

restriction order without limit,

Supervision order (evidence of supervision in place is needed)

Question 7

What are the rules for making an NG plea? (wording)

Answer 7

Doesn’t have to be precise words

Question 8

What happens if the D stays silent when arraigned/fails to give clear answer?

Answer 8

The court should enter a NG plea on his behalf

Question 9

What is the effect of a NG plea?

Answer 9

Puts the pros to proof on the entirety of the case.

Question 10

What are the exceptions to the pros being put to proof on the entirety of the case?

Answer 10

An admission under s10

A fact is presumed

A fact is judicially noticed

Question 11

What is the effect of a G plea?

Answer 11

Only evidence that needs to be called is that of the antecedents/pre-cons

Question 12

What is a newton hearing?

Answer 12

When you only need to look at facts bc there is question about the culpability (ie for sentence)

Question 13

What is a mixed plea?

Answer 13

Where d pleads guilty to some charges not others

Or one D pleads guilty and co-ds do not

accused gives evidence against co accised

Question 14

What should prosecution do if they are not prepared to accept the mixed pleas?

Answer 14

sentencing for guilty pleas should wait until after trial for NG pleas

Question 15

What happens if a D pleads guilty to a lesser offence?

Answer 15

He is acquitted of that offence and the court proceeds to sentence him on the lesser offence

BUT there are circumstances where a jury decide wheter to charge with a lesser offence

Question 16

What happens when a D changes from Guilty plea to Not Guilty plea

Answer 16

Court needs to consider whether the plea was ambiguous or involuntary

Judge has discretion

Question 17

When can a D change from guilty plea to NG plea?

Answer 17

Ay any stage until SENTENCE is passed

Question 18

When can a D change from NG to G?

Answer 18

At any time up until a jury return their verdict

Question 19

What is the procedure of changing from NG to G?

Answer 19

Defence ask for the indictment to be put again, accused pleads guilty

if jury are already there they will be asked to return a guilty verdict.

Question 20

What must the judge be satisfied that the D understands at the PTPH?

Answer 20

That credit will be given for an early guilty plea

What the D’s plea is

That the trial can take place in D’s absence

Consequences in relation to bail if they are not to attend

Question 21

what info is given before the PTPH

Answer 21

Where an accused has been remanded in custody and sent to CC without the prior provision of initial details of the pros case, the material which is required for an accused on bail has to be provided at least 7 days in advance of PTPH

Question 22

What about a deferred prosecution hearing?

Answer 22

This hearing does not replace the PTPH but is an early administrative hearing to ensure that the PTPH is effective when it takes place.

Preliminary hearing to ensure it is in the interests of justice

Question 23

What happens at the PTPH?

Answer 23

Pros give notice of likelihood of witnesses attending + special measures for witnesses + witness summonses

Orders as to disclosure

Outstanding legal issues including applications under the bad character and hearsay provisions

Question 24

What is the effect of the prosecution offering no evidence?

Answer 24

ACQUITTAL

NG verdict recorded without the jury having to make a decision.

It has the same effect as if the D had been tried and this was the decision that the jury at arrived at.

Question 25

Can the prosecution be forced by the court to bring evidence?

Answer 25

No

Question 26

What is the effect of leaving the courts to lie on file?

Answer 26

It means it is left on file, marked not to be proceeded with without the leave of the court of appeal

No verdict is recorded: not dropped, not proceeding with it

Question 27

When can an application for dismissal be made?

Answer 27

Judge must dismiss any charge and quash any count relating to it in the indictment if it appears that the evidence against the applicant would not be sufficient to ensure a proper conviction

Question 28

What are the procedural rules for dismissal?

Answer 28

Must apply to do so in writing not more than 28 days after service of prosecution evidence.

Must be served on all parties/ co-ds

Then oral application

Question 29

What must a judge not do/

Answer 29

view any evidence in isolation from its context and other evidence.

Question 30

Inferences?

Answer 30

judge is not bound to assume that a jury would make every possible inference capable of being drawn against the accused, but where the case depends on the inferences or conclusions to be drawn from the evidence, the judge must assess the inferences or conclusions that the prosecution propose to ask the jury to draw and decide whether it appears that the jury could properly draw those inferences and come to those conclusions