Crime 7: Preliminaries to trial in the Crown Court Flashcards
What is meant by unfitness to plead?
D is not fit to give instructions, make a plea and follow proceedings
What will counsel and judge do if the D is unfit to plead?
Counsel might ask for a psychiatric report.
Judge will decide whether they are fit to plea or not
What will happen if they are fit to plead?
arraignment will be in the usual way
What will happen if D is not fit to plea?
The jury will be paneled. They won’t need to make a decision on fact, just on actus reus.
What will happen if the AR is not made out?
The d can be acquitted
What will happen if the AR IS made out?
absolute discharge,
hospital order,
restriction order without limit,
Supervision order (evidence of supervision in place is needed)
What are the rules for making an NG plea? (wording)
Doesn’t have to be precise words
What happens if the D stays silent when arraigned/fails to give clear answer?
The court should enter a NG plea on his behalf
What is the effect of a NG plea?
Puts the pros to proof on the entirety of the case.
What are the exceptions to the pros being put to proof on the entirety of the case?
An admission under s10
A fact is presumed
A fact is judicially noticed
What is the effect of a G plea?
Only evidence that needs to be called is that of the antecedents/pre-cons
What is a newton hearing?
When you only need to look at facts bc there is question about the culpability (ie for sentence)
What is a mixed plea?
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
What should prosecution do if they are not prepared to accept the mixed pleas?
sentencing for guilty pleas should wait until after trial for NG pleas
What happens if a D pleads guilty to a lesser offence?
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
What happens when a D changes from Guilty plea to Not Guilty plea
Court needs to consider whether the plea was ambiguous or involuntary
Judge has discretion
When can a D change from guilty plea to NG plea?
Ay any stage until SENTENCE is passed
When can a D change from NG to G?
At any time up until a jury return their verdict
What is the procedure of changing from NG to G?
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.
What must the judge be satisfied that the D understands at the PTPH?
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
what info is given before the PTPH
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
What about a deferred prosecution hearing?
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
What happens at the PTPH?
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
What is the effect of the prosecution offering no evidence?
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.
Can the prosecution be forced by the court to bring evidence?
No
What is the effect of leaving the courts to lie on file?
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
When can an application for dismissal be made?
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
What are the procedural rules for dismissal?
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
What must a judge not do/
view any evidence in isolation from its context and other evidence.
Inferences?
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
