Criminal Litigation - Pre-trial case management (9) Flashcards
What needs to be done in the lead up to trial?
Pre-Trial Case Management: Following first-hearing, there are a number of steps to conduct in the lead up to trial.
(1) Evidential Requirements: Parties will gather evidence in support of their case.
(2) Case Management: Courts will issue directions to parties at a relevant hearing.
What are the evidential requirements for witness evidence?
Witness Evidence: Evidence of non-expert witnesses is invaluable at trial.
(1) Oral Testimony: Witnesses should give oral testimony at first instance.
(2) Witness Summons: Witnesses should be served written summons compelling them to attend trial if there is risk of non-attendance. This is prudent even if the risk is not obvious (CrimPR 17).
Material Evidence: Their evidence must be material to a matter in dispute.
Interests of Justice: It must be in the interests of justice to summon them (s97 MCA).
(3) Non-Disputed Witness Statement: Written witness statements may be submitted for evidence which is not in dispute, such as a doctor’s report (s9 CJA 1967) (see disclosure).
(4) Hearsay Witness Statement: Written witness statements may be submitted in exception to the hearsay rule if the witness cannot attend trial (see hearsay).
What are the evidential requirements for expert evidence?
Expert Evidence: Expert evidence may be required for matters beyond the court’s technical expertise.
(1) Timescale: Evidence should be obtained ‘as soon as possible’, subject to requiring LAA consent.
(2) Service: CPS must be served report prior to trial.
(3) Oral Testimony: Summons are usually refused for experts, so their availability should be sought in advance.
What is documetary evidence?
Documentary Evidence: Documentary evidence should be sought.
(1) Scope: Includes evidence such as photographs of the crime scene.
(2) Witness Statement: Evidence must be verified by a witness statement written by the evidence maker.
What is unused prosecution material?
Unused Prosecution Materials: The prosecution is required to disclose unused materials that may adversely affect its own case or support that of the defendant. Further unused materials may be prompted by service of a defence statement.
How does the case management hearing work in the crown court?
Case Management (MC): Defendants to be tried in the Magistrates’ Court are allocated pre-trial directions.
(1) Hearing: Directions are issued at a Case Management Conference or Pre-Trial Review.
>I.e. first hearing, plea before venue, bespoke directions hearing.
(2) Timeline: Parties have 8 weeks to prepare for trial (14 if expert evidence is required).
What are the magistrates court ‘standard directions’?
Standard Directions: The Magistrates’ typically issue ‘standard directions’. These are issued on the Preparation for Effective Trial Form (PET Form).
(1) PET Form: The PET Form issues directions and requires information from both parties.
Part 1-4: Both parties record information on requirements, case, admissions etc.
Part 5: Court records directions.
(2) Prosecution Evidence: Prosecution must issue notice of intent to rely on bad character and hearsay within 20 working days of directions.
(3) Defence Evidence: Defendant can serve a defence statement within 10 working days.
(4) Expert Evidence: Expert evidence of either party must be served within 20 working days.
(5) Trial Readiness: Parties must confirm trial readiness 10 working days before trial, meaning witnesses will be present and trial date is realistic.
Who may issue directions for defendants being tried in the crown court?
Case Management (CC): Defendants to be tried in the Crown Court may be issued directions by either or both courts.
What is the process for case management in the crown court?
Sending Hearing (First Hearing)
Preliminary Hearing
Plea and Trial Preparation Hearing
What is the sending hearing (first hearing)?
Sending Hearing: As part of the first-hearing before the magistrates’ court, the Defendant will be issued directions in preparation of their ‘Plea and Trial Preparation Hearing’ in the Crown Court, unless a Preliminary Hearing is required.
(1) Timeline: Magistrates will set a date for the Defendant’s PTPH or Preliminary Hearing.
(2) Notice of Offences: Defendant and Crown Court is served with notice of relevant offences (s51 CDA).
What is the preliminary hearing?
Crown Court
Preliminary Hearing: Defendants charged with relevant indictable-only offences are subject to a ‘Preliminary Hearing’.
(1) Grounds: Defendant is charged with an indictable-only offence, and either: a) the trial is likely to exceed 4 weeks; b) an early trial-date is sought; c) defendant is a child; or d) defendant intends to plead guilty.
(2) Hearing: Hearing occurs within 10 working days of allocation. Directions are issued as appropriate.
What is the plea and trial preparation hearing?
Crown Court
Plea and Trial Preparation Hearing: Defendants’ first hearing before the Crown Court is generally the PTPH. It takes a similar process to the first-hearing in the MC, involving indication of plea and court directions.
(1) Hearing: Hearing occurs within 20 working days of allocation.
(2) Plea: Defendant is arraigned, read charges, and given opportunity to plea. This may be their first opportunity to plea if automatically allocated.
Mixed Plea: Jury is not made aware of any guilty pleas.
Plea Deal: Defendant may agree basis of plea with prosecution, usually to drop or lower charges.
(3) Goodyear Indication: Defendant can request indication of sentence for immediate change in plea, meaning custodial or non-custodial. This is binding if the plea is immediately changed.
(4) Sentencing: If the Defendant pleads guilty, court can sentence or adjourn pending a pre-sentence report.
>Newton Hearing may be required for disagreement with prosecution facts.
(5) Directions: Court will issue directions following a not guilty plea. The parties must supply the following information: a) case summary; b) witness evidence; c) estimated trial length; d) interview evidence; e) defence statement; f) special measures; g) points of law relied upon; h) admissibility challenges.
(6) Trial Date: Court will either fix a trial date or place the trial in the ‘warned list’.
>The warned list is a list of cases awaiting trial without a fixed date, to be confirmed shortly before trial.
