Criminal Practice - Case Management

Question 1

Magistrates’ Court

Answer 1

Once a not guilty plea is entered a case management form completed which includes

• Witnesses who will be called to give evidence
• Witnesses whose statements can be read
• Estimated length of trial
• Likely applications to court (e.g. applications to adduce hearsay or bad character)
• Special arrangements (e.g. interpreter)
• Confirmation defendant has been advised on credit for early guilty plea and case would go ahead in their absence

Case Management Directions

• Prosecution evidence served within 28 days
• Defence case statement served within 14 days and notify which prosecution witnesses are required to attend within 7 days
• Defence’s notice of intention to adduce hearsay evidence or bad character evidence served within 14 days
• Points of law raised at least 21 days before trial
• Certificates of readiness serviced at least 7 days before trial

Question 2

Crown Court

Answer 2

For indictable only matters, a preliminary hearing will take place within 14 days of case being sent if:

• Trial likely to last more than 4 weeks
• Case management problems to address
• Early trial date needed
• One of the defendants is under 18
• Likely to be an early guilty plea

Otherwise, a plea and trial preparation hearing will take place (PTPH):

• Takes place 28 days after case sent from Magistrates’ Court
• Defendant’s plea is taken (arraignment)

Guilty plea at PTPH:

• Court will proceed to sentence - defendant might ask for an indiciation on sentence (“Goodyear Indication”)
• Sometimes prosecution will offer no evidence on some counts if defendant pleads guilty to others or will let some counts lie on the file
• Either of these mean prosecution will not proceed with some of the charges in exchange for guilty pleas on others

Not guilty plea at PTPH:

• Date for trial found based on the likely length of trial and complexity, considering facts of case, numbers of witnesses, witness availability, expert evidence, likely hearsay and bad character applications, etc
• Prosecution disclosure provided
• Defence case statement

Question 3

Goodyear Indication

Answer 3

• Defendant asks for an indication of sentence before entering plea
• If judge agrees and defendant then pleads guilty the judge will be bound by indication

Question 4

Prosecution Duty of Disclosure

Answer 4

• 50 days (or 70 if defendant on bail) to provide disclosure
• Must disclose all evidence it intends to rely on at trial
• Must disclose unused material which might reasonably be considered caable of undermining the case or assisting the defence (an ongoing duty)
• Any application to withhold disclosure on the grounds of public interest immunity must be made to court in chambers

Question 5

Defence Case Statement

Answer 5

• Must serve within 28 days of prosecution’s disclosure
• Sets out nature of defence, disputed facts, points or law and alibi witnesses
• Court can draw an adverse inference if defence fails to provide a case statement that does accurately reflect the matters raised at trial

Question 6

Identification Evidence

Answer 6

• Main problem is that it is unreliable, court have to balance usefulness of having eye witness who can confirm perpetratora looks like defendant against the fact that eye witnesses can often be wrong
• Where case wholly or substantially relies on identification evidence and defendant disputes the identification evidence the Turnbull Guidelines must be followed
• Set out factors to determine the strength of identification evidence

Question 7

Turnbull Guidelines

Answer 7

ADVOKATE

Amount of time the witness had to observe the suspect
Distance between witness and suspect
Visability at the time of observation
Obstruction between witness and suspect
Known or unknown to witness
Any reason to remember the suspect
Time between incident and identification
Errors between first description and actual appearance

Judge will consider all of these factors in deciding the quality of identification evidence

If evidence weak the judge should withdraw case from jury and direct acquittal

If strong enough that conviction would be supported or corroborating evidence to support weak identification judge will leave case to jury to decide

Question 8

Turnbull Warning

Answer 8

• In summing up judge must given a Turnbull warning
• This is of the special need for caution before convicting defendant in reliance on identification evidence as mistaken witness can be convincing and (where more than one witness) several witnesses may be mistaken
• Ask jury to consider circumstances in which witness identified defendant; and
• Refer to particular weaknesses in ID evidence (referring to ADVOKATE factors)

Question 9

Right to Silence

Answer 9

• Defendant under no obligation to give an account in interview or throughout trial
• Remaining silent may lead to adverse inference being drawn
• Cannot be convicted on an adverse inference alone

When adverse inference may be drawn:

• Failure to give account when questioned or charged;
• Silence at trial (unless defendant’s physical or mental condition makes it undesirable for them to give evidence); or
• Failure to account for mark on person, item in possession or presence at scene