Pre-Trial Matters

Question 1

What are pre-trial matters?

Answer 1

Matters that can be resolved pre-trial

Question 2

When will pre-trial matters be considered?

Answer 2

• At a first hearing
• at a hearing on a date after the first hearing and before the trial date
• on the day of trial itself before the trial starts

Question 3

When will pre-trial matters likely be dealt with at the Magistrates’ court?

Answer 3

Likely all pre-trial matters will be resolved at first hearing

Question 4

When will pre-trial matters be dealt with at the Crown Court?

Answer 4

Likely all or most will be dealt with at the PTPH - plea and trial preparation hearing

Question 5

What aspiration does the Criminal Procedure Rules have in relation to when pre-trial matters should be dealt with?

Answer 5

They should be dealt with before the day of trial where possible

Question 6

What will happen during a first hearing for the magistrates’ court?

Answer 6

Court will:

• direct service of documents for parties
• resolve any matter of law or set out a timetable as to when to do it
• set a trial date

Question 7

If the magistrates; court holds a pre-trial hearing, when can application be brought to have that judgment discharged?

Answer 7

Application can be brought to vary or discharge judgment where

• material change in circumstances
• something was not brought to the attention of the court when they made the ruling which could justify variation or discharge

Cannot bring an argument on the same arguments or facts

Question 8

When is evidence to be served on the defence?

Answer 8

Evidence must be served within

• 50 days (if the defendant is in custody)
• 70 days (if the defendant is on bail)

of the date on which the defendant has been sent for trial in the Crown Court

Question 9

When must a draft indictment be served on the Crown court officer?

Answer 9

Must be served by prosecutor not more than 20 days after serving prosecution evidence

Question 10

What will magistrates do at first hearing with regards to defence’s evidence?

Answer 10

Will make direction as to defendant serving defence statement

Question 11

Where a trial is anticipated, what must the parties do?

Answer 11

They must fill out PTPH form in advance of hearing as judge uses it when hearing is conducted

Question 12

When would an application to dismiss the charges be made?

Answer 12

Before the plea is taken

Question 13

What is arraignment?

Answer 13

It is when the indictment is put to the defendant and they enter a plea of guilty or not guilty to each count on the indictment

Question 14

What happens if the defendant pleads guilty to the sole/all count(s) on the indictment?

Answer 14

The case moves to sentencing

Question 15

What happens if the defendant pleads not guilty to the sole/all count(s) on the indictment?

Answer 15

The case proceeds to the trial preparation of the hearing

Question 16

What happens if the defendant enters at least one guilty plea and least one non-guilty plea on an indictment consisting of two or more counts?

Answer 16

The prosecution needs to consider how it wishes to proceeds - court can either move to sentencing or more to trial preparation stage

Question 17

What happens if the judge determines the defendant is unfit to plead?

Answer 17

No plea is taken

Court will hold trial with a jury to determine whether the defendant committed the act (ie acts reps but not mens really).

Trial preparation stage will be needed

Question 18

What are the potential outcomes of a trial where the defendant has been found unfit to plead and has been found to have committed the act?

Answer 18

• an absolute discharge
• supervision order
• a hospital order

Question 19

What four stage dates do the court set at the trial preparation stage of the hearing?

Answer 19

• trial date
• prosecution evidence - will have to confirm it has been served and if not, when it will be served
• expert evidence - if the prosecution or defence intend to rely on expert evidence, directions will be given for service and for seeking agreement between experts
• witness requirements - defence must inform the prosecution and set out on the form prosecution witnesses they require to attend court to give evidence, estimation as to how long it will take to question them. Defence will do likewise with their witnesses

Question 20

What standardised directions will be given at the trial preparation stage for witness summons?

Answer 20

If required, details will need to be given and an application submitted or timetable for making application will be given

Question 21

What standardised directions will be given at the trial preparation stage for agreed facts and issues?

Answer 21

The defence must set out what factual matters are agreed so that they can be drafted as admissions for use at trial

Question 22

What standardised directions will be given at the trial preparation stage for disputed facts and issues?

Answer 22

The defence must set out those matters which they dispute with the prosecution so that the issues are clear for trial

Question 23

What standardised directions will be given at the trial preparation stage for the defence statement?

Answer 23

Defence must serve a defence statement at stage 2 which sets out the defence case

Question 24

What standardised directions will be given at the trial preparation stage for disclosure?

Answer 24

If issues, with advanced disclosure of unused material then this can be dealt with

Question 25

What standardised directions will be given at the trial preparation stage for defendant’s interview?

Answer 25

A timetable for the prosecution and defence to agree on edited interview record for use at trial

Question 26

What standardised directions will be given at the trial preparation stage for hearsay?

Answer 26

Directions will apply on the service of applications for hearsay evidence

Question 27

What standardised directions will be given at the trial preparation stage for admissibility and legal issues?

Answer 27

Court should be notified of all issues relating to admissibility of evidence and other legal issues should be noticed

Question 28

What standardised directions will be given at the trial preparation stage for bad character?

Answer 28

Directions will apply for any bad character applications by the prosecution and defence and timetables set for the service of bad character applications and responses

Question 29

What standardised directions will be given at the trial preparation stage for special measures?

Answer 29

Directions will apply for any special measures sought by witnesses

Question 30

What are special measures?

Answer 30

They are arrangements put in place to assist witnesses giving evidence in court so they can give their best evidence.

Examples would be use of screens or access through TV link

Question 31

Who is eligible for special measures?

Answer 31

• Witnesses aged under 18 at the time of trial are automatically eligible
• Witnesses who have a mental disorder or a significant impairment of intelligence and social functioning or a physical disability/disorder are eligible where the court considers that due to any such matter the quality of their evidence is likely to be diminished
• Witnesses who are in fear or distress about giving evidence and the court is satisfied that the quality of their evidence will be diminished because of this
• all adult complainants of sexual offences
• all adult complainants in certain offences under the Modern Slavery Act 2015
• all witnesses in a case involving a ‘relevant offence’ namely serious offences, including homicide offences or offences involving firearms or knives

Question 32

When will the court approve an application for vulnerable defendants to give their evidence via ‘live link’?

Answer 32

The court must be satisfied that it would be in the interest of justice and the ‘live link’ will improve the quality of accused’s evidence because either:

• the accused is under 18 and the accused’s ability to participate effectively as a witness giving oral evidence is compromised by their level of intellectual ability or social functioning
• the accused is 18 or over and the accused is unable participate effectively as a witness giving oral evidence because the accused has a mental disorder or a ‘significant impairment of intelligence and social functioning’

Question 33

Aside from ‘live link’ what else can the court do to assist vulnerable defendants?

Answer 33

Can direct that vulnerable defendant is assisted by an intermediary who will assist with communication of evidence and help defendant understand what is happening

Question 34

What is the test for a party seeking a witness summons?

Answer 34

• the witness is likely to be able to give evidence that is likely to be material evidence (or to produce a material document)
• in the interest of justice to issue a summons

Question 35

What is the effect of the witness summons?

Answer 35

Witness either must attend court on day of trial to give evidence or witness must produce document

Question 36

Can a defendant change their plea from not guilty to guilty?

Answer 36

Yes - anytime before the jury returns their verdict, defendant can ask through counsel that the ‘indictment be put again’

Clerk will read indictment and defendant can plead not guilty

Question 37

Can a defendant change a guilty plea to one of not-guilty?

Answer 37

Can apply to court for leave to change their plea from guilty to not-guilty anytime before being sentenced

Question 38

When are the courts likely to allow a defendant to change a guilty plea to one of not-guilty?

Answer 38

Very unlikely if the defendant has been properly represented.

Likely scenarios:

• Defence can show that the prosecution has no evidence of an essential ingredient of the offence or
• the defendant was improperly placed under undue pressure to plead guilty or was materially misadvised by D’s legal team

Question 39

What should the parties do before trial commences?

Answer 39

They should engage with each other to further the overriding objective of the court. This includes establishing:

• whether the defendant is likely to plead guilty or not guilty
• what is agreed and what is likely to be disputed
• what information or other material is required by one party of another and why what is to be done, by whom and when (without or if necessary with a direction) and
• reporting on that communication

Question 40

What happens if D pleads guilty for a summary only offence?

Answer 40

Sentence will almost always be passed immediately but can be adjourned for further information

Question 41

What happens if D pleads not guilty for a summary only offence?

Answer 41

The court will set a trial date and do any necessary case management to ensure trial is effective on that date

Question 42

What will need to be completed in advance of trial for summary only offences?

Answer 42

Preparation for Effective Trial Form

Question 43

When is a pre-trial ruling binding until?

Answer 43

The case has been disposed of by:

• conviction or acquittal of the defendant
• a prosecution decision not to proceed
• the dismissal of the case

Question 44

When can the court discharge or vary a pre-trial ruling?

Answer 44

When it is in the interests of justice to do so and the parties have been given the opportunities to be heard

Question 45

When can D plea guilty by post in summary only cases?

Answer 45

Where

• the matter has been commenced by summons or requisition
• the prosecutor has served a summary of the evidence on which the prosecution case is based
• the prosecutor has served information relevant to sentence