Pre-trial - magistrates court

Question 1

What are the three stages at which pre-trial matters can be considered?

Answer 1

1. At a first hearing in the Magistrates’ Court (summary only)
2. At a hearing after the first hearing and before the trial date (generally CC)
3. On the day of trial before it starts

Question 2

What is expected during the first hearing in the Magistrates’ Court?

Answer 2

Parties will deal with case management issues and the court will give directions for:
* Service of documents and disclosure
* Resolving matters of law or setting a timetable for resolution
* Setting a trial date

Question 3

What is the implication of any decisions made pre-trial

Answer 3

Any decisions made by the court will be binding on the magistrates’ court that hears the trial.

Question 4

Who hears potentially prejudicial evidence in the Magistrates’ Court?

Answer 4

The lay justices or District Judge - they will have to put it out of their mind if they decide to exclude the evidence

Question 5

What must the magistrates’ court do if a case is sent for trial at the Crown Court?

Answer 5

Set a date for a PTPH within 28 days.

Question 6

What is included in a ‘sending sheet’?

Answer 6

A notice specifying the offences for which the defendant is being sent and the Crown Court where the defendant will be tried.

Should be sent to D and CC

Question 7

What is the timeline for serving evidence after a defendant is sent for trial in the Crown Court?

Answer 7

Evidence must be served within:
* 50 days if the defendant is in custody
* 70 days if the defendant is on bail

Days from the date on which the D was sent for trial in the CC

Question 8

How many business days does the prosecutor have to serve the draft indictment after serving prosecution evidence?

Answer 8

Not more than 20 business days.

Serve on the prosceutor of the CC

Question 9

Fill in the blank: Evidence must be served within _______ days if the defendant is in custody.

Answer 9

50