Pre-trial matters I

Question 1

What are `pre-trial’ matters?

Answer 1

Those matters that can be resolved pre-trial e.g. selecting a trial date, applying for a witness summons or resolving legal arguments.

Question 2

When will pre-trial matters be considered?

Answer 2

1. At the first hearing
2. At a hearing after the first hearing but before the trial (PTPH); or
3. On the day of the trial itself before the trial starts.

Question 3

What do the Criminal Procedure Rules state in relation to dealing with pre-trial matters?

Answer 3

Have a clear aspiration running through them that the parties and the court resolve all pre-trial matters before the day of trial where possible. The expectation is that on the day of trial the parties will be ready to start immediately unless something unexpected has arisen.

Question 4

What is a PET form?

Answer 4

This is the magistrates case management form called Preparation for effective trial form. The parties will be expected to complete this before the first trial.

Question 5

At the first hearing, what will the magistrates court give directions on?

Answer 5

• Service of documents between parties (should any be needed)

*Either resolve there and then any matters of law (unlikely) or set out a timetable as to when such matters will be resolved either at a pre-trial hearing or on the day of the hearing.

• Set a date for the trial.

Question 6

If the magistrates court holds a pre-trial hearing to deal with the admissibility of evidence, is that ruling binding on the court that conducts the trial?

Answer 6

Yes, it is binding unless one party applies to have the ruling discharged or varied.

Question 7

When can a party apply to discharge or vary a ruling made in a pre-trial hearing in the magistrates court?

Answer 7

If there has been a material change in circumstances; or

something was not brought to the attention of the court when they made the ruling which justifies variation or discharge.

Question 8

How is evidence served on the defence where the magistrates send the case for trial to the CC?

Answer 8

*It must set a date for a Plea and Trial Preparation Hearing (PTPH) within 28 days.

*The magistrates will complete a `sending sheet’ – a notice specifying the offences for which the defendant is being sent and the Crown Court where the defendant will be tried. The notice should be sent to the defendant and the Crown Court.

*Evidence must be served within 50 days (if the defendant is in custody); or 70 days (if the defendant is on bail) of the date on which the defendant has been sent for trial in the Crown Court.

*Evidence is uploaded on to the Crown Court Digital Case System

*Draft indictment must be served by the prosecutor on the Crown Court officer not more than 20 business days after serving prosecution evidence.

Question 9

How will pre-trial matters possibly be dealt with in the Crown Court?

Answer 9

1. PTPH (must happen in all cases)
2. Further applications (possible further hearings)
3. Trial

Question 10

What is the PTPH? and what does it consist of?

Answer 10

It is the Plea and Trial Preparation Hearing.

It consists of two parts:

1. Plea; and
2. Either sentence or `trial preparation’ stage.

Question 11

If the defence wants to make an application to dismiss the charges when must they do so?

Answer 11

If the defence want to make an application to dismiss the charges, they must do so before a plea is taken.

Question 12

What is arraignment?

Answer 12

At the plea stage, the indictment is put to the defendant and they enter a plea of guilty or not guilty to each count on indictment, this is known as arraignment.

Question 13

What happens if the defendant pleads guilty to the sole count on the indictment / all of the counts on a multi-count indictment;

Answer 13

The case proceeds to sentencing.

Question 14

What happens if the defendant pleads not guilty to the sole count on the indictment / all of the counts on a multi-count indictment?

Answer 14

The case proceeds to the trial preparation of the hearing.

Question 15

What happens where a defendant enters at least one guilty plea and at least one not guilty plea on an indictment consisting of two or more counts?

Answer 15

The prosecution will need to consider how it wishes to proceed, the result being either that the court moves to sentence or if there is to be a trial the `trial preparation’ stage needs to take place.

Question 16

What happens if after hearing medical evidence the judge determines the defendant is unfit to plead?

Answer 16

The court will have to hold a trial by jury to determine whether the defendant committed the act (i.e. actus reus, but not mens rea) and so the `trial preparation’ stage of the hearing will need to take place.

Question 17

What happens if a defendant who is found unfit to plead and the jury funds they have committed the act?

Answer 17

They can only be subjected to:

*An absolute discharge

*A supervision order; or

*A hospital order

Question 18

What happens at the trial preparation stage?

Answer 18

The court will consider the below matters which are all subject to a question on the PTPH form. Directions are standardised and the court sets 4 “stage dates” with the parties required to comply with certain standard directions by the staged dates:

Trial date: If a trial date has not already been set, a trial date will be set at the PTPH taking into account the likely estimate of the length of the trial and witness availability.

Prosecution evidence: The prosecution will have to confirm if it has served all of its evidence or, if not, what is still left and 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: The defence must inform the prosecution and set out on the form those prosecution witnesses they require to attend court to give evidence, as well as estimating how long it will take to question each witness. The defence must also give details of any defence witnesses it intends to call.

Question 19

Standardised directions will apply for dealing with what sort of matters?

Answer 19

Special measures. Directions will apply for any special measures (such as live link and screens) sought by witnesses.

Bad character. 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.

Witness summons. If a witness summons is required, details must be given and the application can be made at the PTPH or a timetable given for making the application.

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

Disputed facts and issues. The defence must set out those matters where there is a dispute with the prosecution case so that the issues for the trial are clear.

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

Disclosure. If there are issues relating to advance disclosure of unused material, this can be dealt with or the standard directions will deal with this.

Defendant’s interview. A timetable will apply for the prosecution and defence to agree an edited interview record for use at trial.

Hearsay. Directions will apply on the service of applications to rely on hearsay evidence.

Admissibility and legal issues. All issues relating to the admissibility of evidence and other legal issues should be notified. Directions will be given or apply on when these applications will be made (e.g. at or before trial) and on the service of any documents in support, such as skeleton arguments.

Question 20

What happens where a party fails to comply with any directions?

Answer 20

They may be required to come to court and explain their failure to do so. The expectation is that no further hearings will be required, either because there are no further issues to resolve before trial or because they can be dealt with on the day the trial is listed.