pre-trial hearing and confession (wk4)

Question 1

what is used material?

Answer 1

material that the prosecution will rely upon at trial to prove its case against a defendant.

Question 2

what is unused material?

Answer 2

material that is not been relied upon by the prosecution

Question 3

why is unused material important to a defendant?

Answer 3

because the prosecution have to serve the defendant material that might help the defendant with their defence

Question 4

what are the 4 stages of disclosure?

Answer 4

1. investigation stage
2. initial duty of disclosure on the prosecution
3. defence disclosure
4. continuing duty on the prosecution to keep disclosure under review

Question 5

what happens to sensitive material?

Answer 5

served in a separate schedule or in exceptional circumstances then it is revealed to the prosecutor separately

Question 5

what is sensitive material?

Answer 5

material that the disclosure officer believes would give rise to a real risk of serious prejudice to an important public interest

Question 6

what type of test is the disclosure test?

Answer 6

objective test
where there is an existence of prosecution material which might help the defence then it should be disclosed

Question 7

what does a disclosure officer do?

Answer 7

responsible for examining material retained and revealing material to the prosecution and to the defence at the prosecutor’s request.

Question 8

what is the time limit for when prosecutor’s need to serve disclosure?

Answer 8

no later than the beginning of the first day of the first hearing

Question 9

when does the prosecution need to disclose unused material in the magistrates court?

Answer 9

only when a defendant pleads not guilty and case is adjourned for summary trial

Question 10

when does the prosecution need to disclose unused material in the crown court?

Answer 10

when a defendant is sent for trial

Question 11

Where the defendant is convicted and given a custodial sentence, how long does the duty to retain material last?

Answer 11

Where the defendant is convicted, relevant material must be retained at least until the defendant is released from custody (or discharged from hospital).

Question 12

what is a defence statement?

Answer 12

a written statement which sets out the nature of the accused’s defence with reasonable clarity

Question 12

what are the consequences of failing to disclose in the crown court? (there are 2)

Answer 12

jury may draw adverse inference
prosecution or co-defendant may comment on the failure

Question 13

what are the consequences of failing to disclose in magistrates court or crown court? (there are 2)

Answer 13

1. defendant will not be able to make an application for specific disclosure
2. prosecution will not have the opportunity to review disclosure in list of the issues

Question 14

which court is it compulsory to submit a defence statement?

Answer 14

crown court (but in magistrates court by not submitting one there are some consequences to the defendant)

Question 14

what is the time limit for a defence statement in the magistrates court?

Answer 14

within 10 business days of the date when prosecution complies with its duty of initial disclosure

Question 15

what is the time limit for a defence statement in crown court?

Answer 15

within 28 days of the date when prosecution complies with its duty of initial disclosure

Question 16

if a D fails to make a defence statement can they make a s8 application?

Answer 16

no they cant make an application for specific information

Question 17

is there a general duty for a third party to disclose information?

Answer 17

no there is not

Question 18

what is a s8 application for a defence to make on disclosure?

Answer 18

application to the court where it has reasonable cause to believe that there is prosecution material which should have been disclosed and not been disclosed.
application for specific information

Question 19

when must a third party disclose information?

Answer 19

if the material might be considered capable of undermining the prosecution case or of assisting the case for the accused, then prosecutors should take appropriate steps to obtain it.

Question 20

what is a public interest immunity application?

Answer 20

if prosecution have information which they believe gives rise to a real risk of serious prejudice to an important public interest then they can apply to the judge for non-disclosure under the public interest.

Question 21

what can failure to disclose by the prosecution lead to?

Answer 21

an absence of process applications, quashed convictions, wasted costs orders, refusal to extend custody time limits, exclusion of evidence.

Question 22

what is the time limit for serving evidence if the defendant is in custody?

Answer 22

50 days

Question 23

what is the time limit for serving evidence if the defendant is on bail?

Answer 23

70 days

Question 24

what 2 parts consist in a PTPH (plea and trial preparation hearing)?

Answer 24

1. first plea and
2. second either sentence or trial preparation stage

Question 25

what is an ‘arraignment’?

Answer 25

at the plea stage, the indictment is put to the defendant and they enter a plea of guilty or not guilty to each count on the indictment.

Question 26

if a D is found unfit to plea and jury find that the AR existed what can D be subject to? (3 things)

Answer 26

an absolute discharge
supervision order
a hospital order

Question 27

what is the role of an intermediary?

Answer 27

the role of an intermediary is to assist communication of evidence. they are independent and owe their duty to the court.

Question 28

what are facts in issue?

Answer 28

facts that any party need to prove in order to prove their case

Question 29

when will evidence be admissible?

Answer 29

relevant (logically probative of a fact in issue), admissible (not subject to an exclusionary rule) and weight.

Question 30

what is the Galbraith principle?

Answer 30

no case to answer
submission of no case to answer is made at the close of the prosecution case because it is only at this stage that the entirety of the prosecution case against a D can be considered.

Question 31

what are the 3 situations when can a s78 application be made?

Answer 31

1. before the trial
2. at the commencement of the trial; or
3. just prior to the prosecution seeking to admit the evidence which the defence wish to be excluded

Question 32

what is a s78 application?

Answer 32

D can exclude evidence which is unfair evidence. (such an adverse effect on the fairness of proceedings)
evidence only applies to evidence that the prosecution proposes to rely on

Question 33

if there is a breach of a code of practice, how can the evidence be excluded?

Answer 33

by a s78 application

Question 34

what is a confession?

Answer 34

includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise.

Question 35

what falls into the scope of the definition of confession?

Answer 35

unequivocal confessions of guilt
mixed statements
a nod, sign or gesture can be sufficient

Question 36

what are the scenarios when confessions can be excluded under s76?

Answer 36

1. confession given due to oppression
2. things said or done coerced into a confession

Question 37

how can a confession be excluded under s78?

Answer 37

admission of evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it