First hearing - summary

Question 1

What is the aim of case management?

Answer 1

To further the overriding objeccitve

Question 2

What happens if the defendant enters a guilty plea?

Answer 2

• sentencing immediately
• trial adjourned for furhter information

Question 3

What are the MC’s sentencing powers?

Answer 3

• 6 months for one summary offence
• 12 months for one either way offence

Question 4

What happens if the defendant pleads not guilty

Answer 4

There will be a trial - the court will set the trial date and timetable

Question 5

What must the parties fill out before a trial in the MC

Answer 5

Preparation for Effective Trial form

Question 6

What must be included in the Preparation for Effective Trial form?

Answer 6

• contact details
• estimated length
• special arrangements
• witnesses
• applications (hearsay etc)
• that the D is aware of credit for a guilty plea

Question 7

If there is a pre-trial hearing and a ruling is made, what is its effect on the rest of the trial process?

Answer 7

Any pre-trial ruling is binding for the rest of the case.

However, the court can vary or discharge the ruling if it is in the interests of justice and the parties have been heard.

The parties can also apply to vary/discharge the ruling if there has been a material change in circumstances