Pre-trial matters Flashcards
When are pre trial matters considered?
- At a first hearing;
- At a hearing on a date after the first hearing/before the trial date or
- On the day of trial itself before the trial starts
What prehearing is required for cases at the crown court?
Plea and Trial Preparation Hearing
Where the magistrates court is sending the case to the crown court for trial, when must the PTPH be?
Within 28 days
Are pre trial rulings by the magistrates court binding?
Yes unless varied/discharged
When can a pre trial ruling by the magistrates court be varied/discharged?
- material change in circumstances
- information not brought to attention
When must evidence be served?
- custody = 50 days
- bail = 70 days
after sent to crown court for trial
When must a draft indictment be served by the prosecutor on the crown court?
Within 20 business days after providing evidence
What do parties do before the PTPH?
Complete PTPH form
What are the two stages of the PTPH?
- plea stage
- sentence or trial preparation stage
If the defence wants to make an application to dismiss the charges, when must this be?
Before plea is taken
What is arraignment?
Defendant enters plea to each count on indictment
When can further pre trial applications be made?
- in Magistrates/Crown court
- at PTPH/pre trial hearing
- at trial
When are applications to exclude evidence/introduce evidence which would otherwise be inadmissible usually made?
On day of trial before trial starts
What are the eligibility categories for special measures?
- witnesses are under 18
- disability
- fear/distress
- sexual offence victims
- slavery victims
- relevant offences victims
What additional measures can be taken beyond the special measures to protect witnesses?
- anonymity orders
- automatic anonymity in sex cases
- prohibiting cross examination of sex victims/child witnesses for violent/sex offences
- reporting restrictions
When can an application be made for vulnerable defendants?
interests of justice and would improve quality of accused’s evidence and:
- under 18 + participation compromised by level of intellectual ability/social functioning OR
- over 18 + unable to participate due to mental disorder or significant impairment of intelligence and social functioning
How can the prosecution/defence ensure that their witness turns up to court?
Witness summons
What is the test for seeking a witness summons
- likely to provide evidence/document
- interests of justice
What is the consequence if a witness disobeys a summons?
If without just excuse, court can issue arrest warrant
When can a defendant apply to change their plea from not guilty to guilty?
Before jury returns verdict
When can a defendant apply to change their plea from guilty to not guilty?
Before sentencing
When is a judge unlikely to accept changing a plea from guilty to not guilty?
Where defendant represented properly
What may an application to change their plea from guilty to not guilty entail?
Waiving privilege to establish advice given
