Preliminaries (no funding)

Question 1

What is the overriding objective in legal cases?

Answer 1

To deal with cases justly

This includes acquitting the innocent and convicting the guilty.

Question 2

List the key components of dealing with cases justly.

Answer 2

• Acquitting the innocent
• Convicting the guilty
• Dealing fairly with prosecution and defence
• Recognising the rights of a defendant (esp. article 6 ECHR)
• Respecting the interests of witnesses, victims, and jurors
• Dealing with case efficiently and expeditiously
• Ensuring appropriate information is available for bail and sentencing
• Considering the gravity of the offence, complexity, severity of consequences, and needs of other cases

Question 3

Who must further the OO

Answer 3

• court
• all participants

Question 4

What does Part 3 of the CrimPR provide for?

Answer 4

Effective case management of criminal cases.

Question 5

Why is it important to identify the real matters in dispute?

Answer 5

Early indication of issues prevents an ambush at trial e.g if the D alleges mistaken identification, will know that they will challenge admissibility of evidence

Question 6

What is the goal of the presentation of evidence?

Answer 6

To ensure that evidence, whether disputed or not, is presented in the shortest and clearest way.

Question 7

What does Part 3 of the CrimPR say about delay?

Answer 7

• discourages delay
• deal with as many aspects of the case as possible but avoid unnecessary hearings
• encourage participation and co-operation of the parties

Question 8

Who can issue directions in criminal cases?

Answer 8

Both the Crown Court and the magistrates’ court.

Question 9

What are some examples of directions that courts can issue?

Answer 9

Directions can relate to timescales, disclosure, expert evidence, or reporting restrictions.

Question 10

What is the timeline for the prosecution to serve notice of intention to introduce bad character or hearsay evidence under standard directions?

Answer 10

Not more than 20 days after a not guilty plea has been entered.

Question 11

When must the defence serve a defence statement?

Answer 11

Within 10 business days of the prosecution complying with initial disclosure.

Question 12

What is the deadline for the defence to notify the prosecution of a required witness at trial?

Answer 12

Not more than 5 business days after service of the witness statement.

Question 13

When must the defence indicate if they oppose bad character or hearsay evidence?

Answer 13

Not more than 10 business days after service of a notice to introduce such evidence.

Question 14

When must the defence give notice of intention to rely on hearsay evidence?

Answer 14

As soon as reasonably practicable.

Question 15

What is the deadline for the defence to apply to introduce bad character of a prosecution witness?

Answer 15

Not more than 10 business days after prosecution disclosure.

Question 16

When must the defence serve statements if a witness is not to be called?

Answer 16

At least 10 business days before trial.

Question 17

When must points of law be identified with skeleton arguments?

Answer 17

At least 10 business days before trial.

Question 18

What must both parties serve 10 business days before trial?

Answer 18

A certificate of readiness.

Question 19

What may happen if a party fails to comply with any rule or direction?

Answer 19

• The court may fix, postpone, bring forward, extend, cancel or adjourn a hearing
• May give an adverse costs order
• Impose any such other sanction as is appropriate

Question 20

What are some sanctions for non-compliance?

Answer 20

• The court may refuse to allow that party to introduce evidence.
• Evidence may not be admissible.
• The court may draw adverse inferences from the late introduction of an issue or evidence.