Criminal Practice Case Management

Question 1

What happens after summary trail is elected (either after guilty plea or generally for summary only offences)?

Answer 1

Magistrates Court case management form is completed by courts legal advisor with help from prosecution and defence.

court then gives direction

Question 2

What is included in the case management form for Magistrates court?

Answer 2

• details on witness to be called
• details of agreed prosecution witnesses (whose statements can be read)
• estimate length of trial
• any likely application to the court
• any special arrangements (eg. interpreter)
• confirmation that D has been advised on credit for early guilty plea and that trial will proceed in their absence if they fail to attend

Question 3

What are the standard magistrates court directions?

Answer 3

• prosecution must serve its evidence within 28 days;
• Defence must serve a defence statement (if relevant) within 14 days of disclosure
• Defence must notify which prosecution witnesses are required to attend within 7 days

Question 4

When is there a preliminary hearing for crown court case?

Answer 4

If it is indictable only matter a Preliminary Hearing to take place within 14 days if:

• trial likely to last 4+ weeks
• there are case management problems to address
• an early trial date is needed
• one of the defendants is under 18; or
• there is likely to be an early guilty plea

Question 5

What happens if a case is sent to the crown court from the magistrates court?

Answer 5

Plea and trial prep hearing takes place 28 days after case was sent.
- D is arraigned (plea taken)
- prosecution may agree to offer no evidence on some counts if D pleads guilty on other counts

Question 6

What is the effect of the Ds plea at crown court Plea and Trial Prep hearing:

Answer 6

Guilty Plea
- court will proceed to sentencing
- D may ask for Goodyear indication before entering plea (binding if judge gives this and D pleads guilty)

Goodyear Indication
- gives max sentence/term
- usually only binding on day given
- jury not to be informed that indication was sought

Not Guilty Plea
- judge to set trial date after:
- council advise on facts of case, number of witnesses (and availability/special measures such as via video) etc.

Question 7

What is the prosecutions duty of disclosure at crown court?

Answer 7

Generally has 50 days to complete
- 70 if defendant is on bail

Must disclose
- all evidence they intend to rely on
- any unused material which might reasonably be considered capable of undermining the case for the prosecution or assist defence
- duty is ongoing

Question 8

Can the prosecution withhold disclosure?

Answer 8

Withholding disclosure
- may be for national security or to preserve intelligence operations
- application must be made to court in chambers on grounds of public interest immunity

Question 9

What is the time limit for disclosure

Answer 9

Prosecution
- generally 50 days
- 70 if D is out on bail

Defence
- can serve defence case statement 28 days after prosecution has made disclosure
- has to serve to prosecution and court

Question 10

What is the Defence Case Statement? What does it address?

Answer 10

Must set out:
- nature of the defence;
- what facts of the prosecution case are disputed
- alternative facts the defence alleges
- what points of law the defence wishes to raise
- details of any alibi witness

DEEMED to be approved by defendant

Question 11

What happens if defence does not serve Defence Case Statement (or inadequate DCS)?

Answer 11

If they fail to serve adequate DCS on time that reflects the defence put forward at trial
- an adverse inference may be drawn

Need to served in crown court but optional in magistrates court