Pre-Trial Matters Flashcards
In which court is the Preparation for Effective Trial (PET) form used?
A. Crown Court
B. Court of Appeal
C. Magistrates’ Court
D. Youth Court
C – Magistrates’ Court
Explanation: The PET form is a case management tool used in the magistrates’ court to prepare and manage trials effectively
When must a Plea and Trial Preparation Hearing (PTPH) be scheduled after a case is sent to the Crown Court?
A. Within 28 days
B. Within 21 days
C. Within 50 days
D. Within 14 days
A – Within 28 days
Explanation: A PTPH must take place within 28 days of the case being sent from the magistrates’ court to the Crown Court.
What are the two stages of a PTPH in the Crown Court?
A. Disclosure and Defence Statement
B. Plea and sentencing only
C. Plea and trial preparation or sentencing
D. Evidence and cross-examination
C – Plea and trial preparation or sentencing
Explanation: A PTPH includes two stages: the plea stage and either sentencing (if guilty) or trial preparation (if not guilty).
Which of the following is NOT a possible outcome when a defendant is found unfit to plead, but is found to have committed the act?
A. Hospital order
B. Supervision order
C. Community punishment
D. Absolute discharge
C – Community punishment
Explanation: A defendant found unfit to plead can only receive a hospital order, supervision order, or absolute discharge—not a community or custodial sentence.
A defendant pleads guilty to one count and not guilty to two others on an indictment. What happens next?
A. All counts are adjourned for joint sentencing
B. The entire case proceeds directly to trial
C. The not guilty counts are discontinued automatically
D. Trial preparation begins for the not guilty counts
D – Trial preparation begins for the not guilty counts
Explanation: The court proceeds to trial preparation on any counts where a not guilty plea has been entered.
A defendant is charged with an indictable-only offence. At the first magistrates’ court hearing, they wish to plead guilty. What happens?
A. Magistrates accept the plea and sentence the defendant
B. The case must be sent to the Crown Court for plea and sentence
C. The case is dismissed
D. A trial date is immediately set in the magistrates’ court
B – The case must be sent to the Crown Court for plea and sentence
Explanation: Magistrates’ courts have no jurisdiction to take a guilty plea for indictable-only offences. The Crown Court handles this.
In a magistrates’ court case, the defence wishes to challenge the admissibility of evidence. The application is refused. When can they reapply on the same basis?
A. Before sentencing
B. If new facts emerge or circumstances change
C. At any time without restriction
D. On appeal only
B – If new facts emerge or circumstances change
Explanation: A previous ruling can only be revisited if there is a material change in circumstances or something was overlooked originally.
What is the time limit for the prosecution to serve evidence after a defendant is sent to the Crown Court while on bail?
A. 70 days
B. 50 days
C. 28 days
D. 21 days
A – 70 days
Explanation: If a defendant is on bail, the prosecution has 70 days from the date the case is sent to serve its evidence.
A defendant is found unfit to plead. What must happen next?
A. A new indictment is issued
B. The trial is cancelled
C. A judge alone decides if D committed the act
D. A jury decides whether the defendant committed the act
D – A jury decides whether the defendant committed the act
Explanation: Where D is found unfit to plead, a jury must determine whether they committed the act (actus reus) of the offence.
At a PTPH, the prosecution has not served all its evidence. What does the court do?
A. Strike out the case
B. Set directions for evidence to be served
C. Issue a fine
D. Adjourn the case for trial
B – Set directions for evidence to be served
Explanation: If the prosecution has not served all evidence, the court will issue directions and stage dates to ensure service before trial.
What is the issue with ruling on evidence exclusion in the magistrates’ court?
A. Exclusion is not allowed in summary cases
B. Defence cannot apply to exclude evidence
C. The same justices may struggle to ignore what they’ve already heard
D. Evidence excluded at pre-trial can be reintroduced at trial
C – The same justices may struggle to ignore what they’ve already heard
Explanation: A key issue is that magistrates may hear prejudicial evidence during a pre-trial application and then struggle to ignore it at trial if they remain on the bench.
What is the expectation under the Criminal Procedure Rules regarding trial readiness?
A. All pre-trial matters should be resolved before the trial date
B. Cases should be adjourned if not ready
C. The trial judge should make all rulings on the day
D. Parties should submit written arguments only after trial
A – All pre-trial matters should be resolved before the trial date
Explanation: The Criminal Procedure Rules aim to ensure all pre-trial issues are dealt with before the trial date, so proceedings can begin without delay.
