Pre-trial - Crown Court Flashcards
What is a PTPH?
Plea and Trial Preparation Hearing
It must happen in all cases when the case is sent to CC
What happens if a defendant wants to enter a guilty plea to an indictable only matter?
The defendant cannot do so at the first hearing in the Magistrates’ Court and can ask for an early guilty plea hearing in the Crown Court.
- this is before the PTPH
- allows them to get the maximum credit for their plea
What are the two parts of a PTPH?
- First ‘plea’
- Second ‘sentence’ or ‘trial preparation’ stage
When must D apply to dismiss charges?
Before the plea is taken.
What happens during the plea stage of a PTPH?
Defendant enters a plea on each indictment (arraignment) and the case proceeds to trial or sentence.
What occurs if a defendant enters at least one guilty plea and one not guilty plea?
The prosecution must consider how to proceed, leading to either sentencing or trial preparation.
What does a judge consider to determine if a defendant is unfit to plead?
Medical evidence - no plea will be taken.
What happens if the defendant is unfit to plead?
The trial is held with the jury, who will ascertain actus reus but not mens rea. Therefore trial preparation will still need to take place.
What are the possible outcomes for a defendant found guilty but unfit to plead?
- Absolute discharge
- Supervision order
- Hospital order
What are the four ‘stage dates’ set by the court during the trial preparation stage?
- Trial date
- Prosecution evidence
- Expert evidence
- Witness requirements
What must the prosecution confirm regarding evidence by the date set at the PTPH?
What evidence is still left and when it will be served.
What must the defence provide regarding witness requirements?
- Inform the prosecution of required prosecution witnesses and estimate questioning time.
- Give details of any defence witnesses it intends to call
What standardised directions apply during the trial preparation stage?
- Agreed facts
- Disputed facts
- Witness summons
- Special measures (e.g., live link and screens)
- Hearsay
- Admissibility and legal issues
What happens after a PTPH?
Some cases need no further hearings, while others may have further applications requiring trials.
What applications may be made regarding evidence?
Applications can be made to exclude evidence or include otherwise inadmissible evidence.
How can a defendant exclude evidence?
A defendant may wish to exclude evidence using s78 PACE 1984, which can be done at PTPH, between PTPH and trial, or on the first day of trial.
What are Special Measures?
Special Measures assist witnesses in giving evidence, often established at a ground rules hearing.
What are examples of Special Measures?
Examples include screens:
- TV link
- private testimony
- removing wigs and gowns
- video recording
- pre-recording
- questioning through an intermediary
- aids to communication.
Who is automatically eligible for Special Measures?
All witnesses under 18 are automatically eligible - they must give evidence in a recording or via live link unless the witness waives this and the court is satisfied that this would not impair the quality of evidence
Who else is eligible for Special Measures?
- Those with mental disorders, intelligence impairments, physical disabilities, fear or distress
- All complainants of sexual offences or modern slavery offences are eligible.
- All witnesses of relevant offences
What anonymity provisions exist for complainants?
There is automatic anonymity for complainants in sex cases, witness anonymity orders, and restrictions on reporting witness identity.
What is a Witness Summons?
If witnesses are reluctant to give evidence, prosecution or defense can request the court to issue a summons.
What is the test for issuing a Witness Summons?
The test is whether the witness can give material evidence and if it is in the interests of justice to issue the summons.
When can a defendant change their plea from not guilty to guilty?
A defendant can do this at any time and ask that the indictment be put again, usually for tactical reasons on the day of the trial.
When can a defendant change their plea from guilty to not guilty?
A defendant can apply at any time before sentencing, but judges often make it difficult - judge will invariably reject an application if D has been properly represented
How is ‘properly represented’ defined when considering whether to allow D to change their plea from guilty to not guilty?
- Proper advice was given
- No undue pressure put on the D
- D’s plea was clealry unequivocal
What are common scenarios for changing a plea?
- D shows P has no evidence of essential ingreident of offence
- D was improperly placed under undue pressure to plead guilty or was materially misadvised
What is the implication for the solicitor and counsel if D changes their plea from guilty to not guilty?
It is likely that they will withdraw
- D may also want to give evidnece of their conference with counsel requiring them to waive privilege
