Pre-trial criminal litigation III (pre-trial matters) Flashcards
What are pre-trial matters?
All matters that can be resolved pre-trial e.g. selecting trial date, applying for witness summons, resolving legal arguments
The Criminal Procedure Rules’ expectation = on the day of trial parties will be** ready to start immediately unless something unexpected has arisen** (so should resolve all pre-trial matters before where possible)
On what 3 occasions might pre-trial matters be considered? How is this different for cases in the magistrates’ and Crown?
- At first hearing (for magistrates’: many/all pre-trial matters can be solved here)
- At hearing on date between first hearing and trial date e.g. PTPH (for Crown: will be at least one hearing [PTPH] to deal with pre-trial matters)
- On day of trial itself before trial starts
What 3 things will the court do at the first hearing re pre-trial matters for cases in the magistrates’?
- Give directions for service of documents between parties
- Resolve there and then any matters of law (rare) / set out timetable as to when they will be resolved at pre-trial hearing or trial morning
- Set a trial date
Will a ruling at a pre-trial hearing in the magistrates’ be binding on the magistrates’ that hears trial?
Yes whether composed of same lay justices/District Judge or not! Unless one party applies for ruling ot be discharged/varied
In what 2 circumstances is a party able to make an application to vary/discharge a pre-trial hearing ruling for a case in the magistrates’?
Only if there has been a material change in circumstances or something was not brought to attention of court when they made ruling (which could justify variation/discharge)
What is the issue in pre-trial applications in the magistrates’?
Lay judges/District Judge must hear the applicaton and then rule on it i.e. have to somehow ignore the potentially prejudicial evidence they heard and ruled to exclude earlier
Where the magistrates’ sends the case for a trial to the Crown Court, what must it set a date for and when?
Must set a date for a Plea and Trial Preparation Hearing (PTPH) within 28 days of magistrates’ hearing
Who completes a ‘sending sheet’ and when, who is it sent to and what does it contain?
- Magistrates’ completes sending sheet when it sends case for trial to Crown
- Sends to D and Crown
- Contains offences for which D is being sent and Crown Court where D will be tried
Where the magistrates’ sends the case for a trial to the Crown Court, by when must evidence be served and how is this different where D is in custody/on bail?
Evidence must be served…
- Within 50 days if D in custody
- Within 70 days if on bail
Evidence is uploaded on to the Crown Court Digital Case System: i.e. copies of the documents containing the evidence on which a charge is based
When must a draft indictment be served and by whom?
Prosecutor must serve draft indictment on Crown Court officer not more than 20 business days after serving prosecution evidence
What are the next hearings in the magistrates’ for a) indictable matters or b) triable either way matters where D is sent for trial by magistrates’/D elects Crown Court trial?
There are none!!!!! Instead there will be a PTPH and maybe other hearings
Where a D wants to enter a guilty plea to an indictable only matter, can they do this at their first hearing?
No - because magistrates’ has no jurisdiction to hear it - instead should ask for an early guilty plea hearing in Crown Court to enter guilty plea ASAP instead of waiting until PTPH
This way they will get maximum credit for their plea
What is the Plea and Trial Preparation Hearing (PTPH), what are its two parts, and what must be filled in in advance?
- Main (and often only) pre-trial Crown Court hearing
- 2 parts are 1) plea and 2) either ‘sentence’ or ‘trial preparation’ stage
- Parties must fill in PTPH form in advance of hearing (judge uses it when hearing conducted)
After first hearing the magistrates’ court will make a series of standard directions for the prosecution to serve its case on the defence and for a defendant to serve a defence statement in response
What is ‘arraingment’ in the plea stage of a PTPH?
The indictment is put to D and they enter a plea to each count on the indictment
Indictment = formal accusation that a person has committed a crime
At arraignment, what happens if…
- D pleads guilty (to sole/all count[s] of indictment)
- D pleads not guilty (to sole/all count[s] of indictment)
- D enters at least one guilty plea and at least one not guilty plea (on indictment consisting of two or more counts)
- D pleads guilty = case moves to sentence
- D pleads not guilty = case proceeds to trial preparation stage
- D enters at least one guilty plea and at least one not guilty plea = prosecution to consider how it proceeds (either sentence or trial preparation stage)
What happens at the plea stage where a judge determines (on medical evidence) that D is unfit to plea?
- No plea taken
- Trial held with jury to determine if D committed the act (no MR) i.e. trial preparation stage of hearing needs to take place
Where a D is found unfit to plead and a jury finds they have committed the act, what are the only 3 things they can be made subject to?
- An absolute discharge
- Supervision order
- Hospital order
All matters in the trial preparation stage of the PTPH are subject to what?
The PTPH form that advocates complete before hearing
