Preliminaries to Trial in the Crown Court Flashcards
Criminal Procedure (Insanity) Act 1964 s.5?
If accused is unfit to plead and is found guilty, the court may make (1) a hospital order (2) a supervision order (3) an absolute discharge order.
What must the court do before making a supervision order?
To make a supervision order the court must have evidence that necessary arrangements for supervision are available and in place.
CPIA 1964, s.4(2)?
If it is the interests of justice, a disabled accused’s question of fitness may be postponed until anytime up to the opening of defence case. Otherwise it should be decided ASAP.
CPIA 1964, s.4(3)?
If the jury acquits before the question of fitness is determined, then it need not be determined.
Who determines the fitness of the accused?
CPIA s.4(5) - question of fitness shall be determined by the court without a jury with evidence.
What evidence is required to decide fitness of the accused?
At least 2 written or oral evidence of registered practitioners, at least 1 duly approved.
CPIA s.4A?
Following the finding of unfitness, trial shouldn’t continue, it should be determined by a jury on evidence already given or that may be further adduced by prosecution or defence.
What provision is for verdicts of not guilty by insanity?
CPIA s.5.
What is a hospital order?
Convict with a mental disorder to be treated in a hospital instead of serving a prison sentence. (s. 37 MHA)
What is a restriction order?
Adds a restriction to a hospital order. (per s.41 Mental Health Act 1983). Discharge from hospital requires SoS for Justice to agree.
What is a supervision order?
Requires a person to be under the supervision of a social worker, probation officer, or other designated person.
What is the procedure for an arraignment?
Court confirms with prosecution indictment is correct. Clerk reads out each count of the indictment and accused pleads on all. This can be done with accused via live link.
What is now standard practice during arraignment?
To exclude jurors-in-waiting until after arraignment to avoid prejudice.
What are the three options of plea at arraignment?
Plea guilty of a lesser offence; not guilty; guilty.
Williams [1978]?
It is not essential for an accused to formally say the words ‘not guilty’ for a trial to be valid.
When should the court enter a not guilty plea at arraignment?
If the accused wilfully stays silent, fails to give a direct answer, or enters a ‘guilty’ plea too ambiguous.
What is the effect of a not guilty plea?
The prosecution must proof their entire case. Burden of proof is to satisfy the jury beyond a reasonable doubt that the act was committed. Defence statement should indicate what parts are disputed.
What is the only way prosecution don’t have to prove each element of an offence in a not-guilty trial?
When defence have made formal admissions under s.10 CJA or where a fact is presumed or judicially noticed.
What is the most important requirement of a guilty plea?
A plea of guilty must ONLY be entered by the accused personally, otherwise it creates a mistrial.
What is the effect of a guilty plea?
Prosecution are released from their obligation to prove the case, only need evidence of criminal record.
What happens if there’s a guilty plea but dispute about material facts?
If the dispute could have a serious effect on sentence, prosecution must call a Newton hearing or allow sentencing on defence version of the facts.
What is a Newton hearing?
A Newton hearing decides disputed material facts by allowing prosecution to present their case of HOW offence happened not IF it happened after a guilty plea.
What are the two procedural options following a guilty plea?
The court may either commence sentencing procedure or take the plea and adjourn.
SCA s.81(1)(c)?
Upon adjournment, court may commit the accused to custody or grant bail. There’s still a prima facie right to bail though it is usually withdrawn.
What happens it the accused enters a mixed plea?
If there’s mixed pleas on a multi count indictment and the prosecution do not accept, sentencing for the counts pled guilty to should be postponed until trial of not guilty counts.
CLA s.6(1)(b)?
Accused may plead to a “lesser offence” (aka alternative). Not guilty but guilty only of the lesser offence.
What happens if a plea to a lesser offence is accepted?
If pled guilty of a lesser offence, accused is acquitted of the charge and sentenced for the lesser offence.
Soanes [1948]
Must always be discretion of the judge whether to allow a plea of guilty to a lesser offence. But prosecution must only act as such if they themselves sought it.
What is the procedure of altering a plea from not guilty to guilty?
Defence ask for the indictment to be read again and D pleads guilty. If this is after involvement of jury, jury should give formal guilty verdict.
When can an accused change their plea to guilty?
At any stage prior to the jury returning their verdict.
When can an accused change their plea to not guilty?
Judge has a discretion to allow the accused to withdraw guilty plea any stage up until sentence is passed.
What are the three rules for discretionary power to allow a change of plea to not guilty?
Discretion is to allow change up until sentencing, even where plea of not guilty is unequivocal, and discretion must be exercised judicially.
What are the two Better Case Management hearings?
Early guilty plea scheme and PTPH (plea and trial preparation hearings).
What are the objectives of better case management?
Engaging in court-led pre-trial management, efficient and expeditious trials.
What is a deferred prosecution agreement?
an agreement reached between a prosecutor and an organisation under judicial supervision to suspend prosecution to see if organisation can meet certain conditions.
What kind of offences are deferred prosecution agreements used in?
DPAs can be used for fraud, bribery and other economic crime committed by organisations.
What is the procedure for starting a deferred prosecution agreement?
Preliminary hearing held where court invited to declare it ‘in the interests of justice’ to enter a DPA that is ‘fair reasonable and proportionate’.
What is the basic role of a PTPH?
Plea and Trial preparation hearings should normally be the only pre0trial hearings.
What is the purpose of PTPH where an accused pled guilty at magistrates?
If an accused pled guilty at magistrates or has done so since sending the PTPH should be used for sentencing. Otherwise it is to prepare for the case.
What should be handled at a crown court PTPH?
Service of prosecution case and defence statement, preferring of indictment, any applications to dismiss.
What 3 things must be communicated at a PTPH?
(a) D understands they will receive credit for a guilty plea (b) What Ds plea is/will be (c) D understands that a trial can occur in their absence and consequences of bail for failure to attend.
What matters of case preparation are in the PTPH form?
Orders in relation to witnesses (special measures, summonsing); orders for disclosure; outstanding legal issues including character and hearsay.
What must be stressed about PTPH forms?
Info in PTPH form shouldn’t be used against D, so although technically admissible as evidence it should not be liable as such to promote work with justice.
What are the 3 options available to prosecution when accused pleads not guilty?
Proceed to trial; offer no evidence; ask the indictment to remain on court file. These can also apply to mixed plea arraignments.
What is ‘offer no evidence’ from the prosecution (CJA s.17)?
When prosecutor proposes to offer no evidence, court may order verdict of not guilty to be recorded and this will have the same effect as if D had been tried and acquitted by a jury.
What is the flexibility of CJA s.17?
s.17 gives the court discretion to decline to order a verdict of not guilty as result of an offer of no evidence, but prosecution can’t be forced to give evidence.
When is offering no evidence most commonly used?
CJA s.17 is most commonly used if prosecution have reviewed their evidence since sending to trial and concluded that they cannot ask a jury to convict.
When is it appropriate to ask that the indictment remain on file?
Where the accused pleads guilty to the bulk of charges but not guilty to subsidiary charges.
What is the function of an indictment remaining on file?
Keeping a not-guilty subsidiary charge avoids the necessity of trial but also does not acquit.
What’s the effect of ordering an indictment to remain on file?
Same effect as an order for an adjournment but it is accepted that it may never result in trial - safeguards prosecution and defence. D can still stand trial.
CDA 1998, sch. 3 para. 2(1)?
accused may apply orally or in writing to CC for charge(s) to be dismissed
What happens upon D application for dismissal of charges?
Judge must dismiss any charge if it appears that the evidence against D wouldn’t be sufficient to ensure a proper conviction.
How can D make oral application for dismissal of charges?
An oral application for dismissal can be made after written notice of intention to do so
When should written intention of application for dismissal of charges be given?
No more than 20 business days after service of prosecution evidence.
How should written notice of intention to apply for dismissal be given?
Notice must be given to prosecution and any co-accused
What should be included in a written notice of intention to apply for dismissal of charges?
Explain why prosecution evidence is insufficient, request a hearing, identify any witnesses or material needed to determine the application.
How can prosecution oppose the application for dismissal of charges?
Serve notice within 10 business days after D’s notice, explaining grounds of opposition, any need for hearing, witnesses and material.
How is an application for dismissal of charges decided?
Court may determine the matter at a public or private hearing, or not even a hearing at all. Time limits may be shortened or extended.
R v. Kingston CC [2001]?
On an application to dismiss judge must consider all evidence against accused within its context of other evidence.
