Pre-trial matters

Question 1

When are pre trial matters considered?

Answer 1

• 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

Question 2

What prehearing is required for cases at the crown court?

Answer 2

Plea and Trial Preparation Hearing

Question 3

Where the magistrates court is sending the case to the crown court for trial, when must the PTPH be?

Answer 3

Within 28 days

Question 4

Are pre trial rulings by the magistrates court binding?

Answer 4

Yes unless varied/discharged

Question 5

When can a pre trial ruling by the magistrates court be varied/discharged?

Answer 5

• material change in circumstances
• information not brought to attention

Question 6

When must evidence be served?

Answer 6

• custody = 50 days
• bail = 70 days
  after sent to crown court for trial

Question 7

When must a draft indictment be served by the prosecutor on the crown court?

Answer 7

Within 20 business days after providing evidence

Question 8

What do parties do before the PTPH?

Answer 8

Complete PTPH form

Question 9

What are the two stages of the PTPH?

Answer 9

1. plea stage
2. sentence or trial preparation stage

Question 10

If the defence wants to make an application to dismiss the charges, when must this be?

Answer 10

Before plea is taken

Question 11

What is arraignment?

Answer 11

Defendant enters plea to each count on indictment

Question 12

When can further pre trial applications be made?

Answer 12

• in Magistrates/Crown court
• at PTPH/pre trial hearing
• at trial

Question 13

When are applications to exclude evidence/introduce evidence which would otherwise be inadmissible usually made?

Answer 13

On day of trial before trial starts

Question 14

What are the eligibility categories for special measures?

Answer 14

• witnesses are under 18
• disability
• fear/distress
• sexual offence victims
• slavery victims
• relevant offences victims

Question 15

What additional measures can be taken beyond the special measures to protect witnesses?

Answer 15

• anonymity orders
• automatic anonymity in sex cases
• prohibiting cross examination of sex victims/child witnesses for violent/sex offences
• reporting restrictions

Question 16

When can an application be made for vulnerable defendants?

Answer 16

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

Question 17

How can the prosecution/defence ensure that their witness turns up to court?

Answer 17

Witness summons

Question 18

What is the test for seeking a witness summons

Answer 18

• likely to provide evidence/document
• interests of justice

Question 19

What is the consequence if a witness disobeys a summons?

Answer 19

If without just excuse, court can issue arrest warrant

Question 20

When can a defendant apply to change their plea from not guilty to guilty?

Answer 20

Before jury returns verdict

Question 21

When can a defendant apply to change their plea from guilty to not guilty?

Answer 21

Before sentencing

Question 22

When is a judge unlikely to accept changing a plea from guilty to not guilty?

Answer 22

Where defendant represented properly

Question 23

What may an application to change their plea from guilty to not guilty entail?

Answer 23

Waiving privilege to establish advice given