Pre-Trial Matters I Flashcards
What are pre-trial matters?
Matters that can be resolved pre-trial
What type of issues could be covered?
- Selecting trial date
- Applying for witness summons
- Resolving legal arguments
Where will pre-trial matters be considered?
At either:
1) First hearing
2) Hearing on date after first hearing and before trial date (e.g. Plea and Trial Preparation Hearing)
3) On the day of trial itself before the trial
Where are pre-trial matters usually held at in the Crown Court?
Usually at a Plea and Trial Preparation Hearing
Where are pre-trial matters usually held at in the Magistrate’s Court?
Usually, in the first hearing
When are case management issues dealt with at the Magistrate’s Court?
Usually in first hearing
What is the Magistrates’ Court Case Management form called?
Preparation for Effective Trial form (PET)
When is the PET expected to be completed?
Before the first hearing commences
What will the Magistrate’s Court give directions for at the first hearing?
1) Service of documents between parties (if needed)
2) Either resolve there and then matters of law (rarely) or set out timetable to resolve at a pre-trial hearing or on morning of trial
3) Set a trial date
What is the relevance of Pre-Trial hearing ruling from one Magistrate’s Court to the trial Magistrate’s Court?
It is binding – for example, a ruling on admissibility
When can you make an application to vary or discharge at a pre-trial hearing?
1) Material change in circumstances
2) Something not brought to attention of court when they made ruling which could justify variation / discharge
Can you make an application to vary or discharge a ruling made at a pre-trial hearing based on same argument or facts?
No
What if the issue with Magistrates’ court hearing the pre-trial matters on issues such as evidence admissibility?
The lay justices or District Judge hears potentially prejudice evidence, and then will have to somehow ignore it if they decide the case at trial
How is evidence served on defence where Magistrates’ Court sends case for trial at Crown Court?
1) Must set Plea and Trial Preparation Hearing within 28 days
2) A “sending sheet” – notice of offences (no prescribed form)
3) Evidence uploaded to Crown Court Digital Case System
4) Draft indictment served by prosecutor on Crown Court officer
When must evidence be served in Crown Court?
- 50 days if in custody
- 70 days if on bail
When is draft indictment served by prosecutor?
Not more than 20 business days after serving prosecution evidence
When are there no more hearings in the Magistrate’s Court?
1) Indictable only matters
2) Triable either way where it’s going to Crown
What is the Plea and Trial Preparation Hearing?
The main, and often only, pre-trial Crown Court hearing
When does the PTPH usually take place?
Within 28 days of the case being sent to the Crown Court
What is a PTPH form?
A form filled out in advance of the hearing
What does the PTPH consist of?
First plea
Sentence or trial preparation stage
When must a defence make an application to dismiss charges?
Before a plea is taken
At the plea stage in Crown Court, what happens if the D pleads guilty?
Case will go on for sentencing
At the plea stage in Crown Court, what happens if the D pleads not guilty?
Court proceeds to trial preparation of hearing
At the plea stage in Crown Court, what happens if the D pleads guilty to one charge but not guilty to another charge?
Prosecution will consider how it wishes to proceed. Either moving on to sentence or a trial preparation stage needs to take place.
What if a D is unfit to plead?
Then no plea is taken – court will hold trial with jury to determine if act was committed (but no mens rea)
If a D is unfit to plead, but jury finds the actus reus was fulfilled, what is the only sentence the judge can impose?
a) An absolute discharge
b) Supervision order
c) Hospital order
Is a custodial sentence available for a D unfit to plead?
No
What happens when court needs to go on to trial preparation stage?
Directions are given at the PTPH – typically standard directions which parties are required to comply with
What are the standardised PTPH standard directions given at the PTPH?
1) Trial date
2) Prosecution evidence – disclosed or not?
3) Expert evidence
4) Witness requirements
What specific matters might be relevant at the trial preparation stage?
1) Special measures
2) Bad character
3) Witness summons
4) Agreed facts and issues
5) Disputed facts and issues
6) Defence statement
7) Disclosure
8) Defendant’s interview
9) Hearsay
10) Admissibility and legal issues
What directions are typically given in relation to these matters?
A timetable is set for the above matters’ deadlines etc
Who are agreed / disputes facts and issues done by?
The defence
What will the parties know by the end of the Plea and Trial Preparation Hearing in a case going into trial preparation?
They will receive a timetable with relevant preparatory work deadlines and receive a trial date
