Pre-Trial Matters II Flashcards
Why do some cases require no further hearings post PTPH?
Because nothing to determine – or issues could be dealt with on day of trial
What are 5 further applications that could arise?
1) Evidence applications
2) Special measures
3) Vulnerable defendants
4) Witness summons & warrants
5) Applications to change plea
Can the defendant apply to exclude evidence? What authority?
Yes – under s78 PACE 1984
Where can application to exclude evidence be dealt at? Where is most common?
1) The Plea and Trial Preparation Hearing (rare)
2) At a hearing day in between PTPH and trial
3) On the day of trial (most common)
What are special arrangements?
Enables vulnerable witnesses to give evidence
What type of special measure are available?
1) Use of screens
2) Live TV link
3) Evidence in private
4) Removing wigs and gowns by barristers / judges
5) Video recording of evidence in chief
6) Pre-recording cross-examination and re-examination
7) Questioning of witness through intermediary
8) Aids to communication
What ones are not available for special measures due to being in fear?
Intermediary and aids to communication
What is the eligibility requirements for special measures?
1) Anyone under 18
2) Mental disorder
3) Court satisfied fear or distress could diminish evidence
4) All adult complainants of sexual offence
5) All adult complainants under forced labour, human trafficking, Modern Slavery
6) All witnesses in ‘relevant offence’ (homicide, gun crime, knife crime)
What additional special measures exist to protect witnesses?
1) Witness Anonymity order
2) Automatic anonymity of complainants in sex cases
3) Prohibition of cross-examination by D in person in sex case / child witnesses in violent and sex crimes
4) Restricting reporting of witnesses’ identity
What could be applied for vulnerable defendants?
Appearing in court via live link
What must the court be satisfied in order to allow vulnerable D to appear via live link?
1) Interest of justice would improve quality of evidence, because either:
a. Accused under 18 and oral evidence is compromised by intellectual ability or social functioning
b. Accused over 18 but unable to participate because of mental disorder or significant impairment of intelligence and social function
When can intermediaries be used for vulnerable D’s / witnesses?
For the most in need as they struggle with comprehension / communication
Who is the intermediary?
An independent third party – owes duty to the Court
Who is responsible for securing attendance of prosecution witness?
The police
Who is responsible for securing attendance of defendant witness?
The defence solicitors
What happens if a witness does not want to attend?
Can apply for a witness summons
Which court has the power to issue a witness summons?
Both courts
What is the test for party seeking summons?
1) Witness likely able to give evidence to be material evidence
2) It is in the interests of justice
What if a witness does not attend witness summons?
Court can issue an arrest warrant – can also be subject to contempt of court
When can a D change plea from not guilty to guilty?
At any time, even during the trial
How would a D request to change plea from not guilty to guilty?
They would request that the “indictment be put again” (or charge sheet in Magistrate’s)
What is the indictment being put again?
Clerk will read the indictment and D can plead guilty
What happens if D goes from not guilty to guilty during a trial where the Jury are there?
They will be directed to return a formal verdict of guilty
Could the D change from guilty to not guilty?
Very difficult, but yes
When would the court reject a guilty to not guilty change?
If they have been represented properly
What constitutes being represented properly?
1) Proper advice given to D
2) No undue pressure exerted on D
3) D’s plea was clearly unequivocal
When would the Court typically allow a guilty to not guilty charge?
1) D can show prosecution has no real evidence of essential ingredient
2) D was improperly placed under undue pressure to plead guilty or was materially misadvised by D’s legal team
What would Counsel / Solicitor do in the scenario where a not guilty to guilty charge occurs?
Will typically withdraw – as will lead to criticism of them
