Prelims to trial in CC

Question 1

What are the consequences of being found unfit to plead?

Answer 1

may only receive on of the following:
- hospital order
-supervision order
-absolute discharge

Question 2

What is procedure if accused subsequently found fit to plead?

Answer 2

if before calling any prosecution evidence - arraigned in the usual way

Question 3

what is process for arraignment

Answer 3

jury excluded so as not to prejudice if mixture of pleas
each count read ad plead to - if in alternative and first pled G do not need to arraign alternative.
no mention of any co-accused pleas

Question 4

what are the options for plea

Answer 4

usually NG or G
autrefois acquit or autrefoise convict (not approp to arraign application) unfitness , jurisdiction dispute

Question 5

What do the court assume if the D remains silent/enters ambiguous plea?

Answer 5

enter plea of NG

Question 6

what is the effect of a NG plea?

Answer 6

put prosecution to proof on entire case - must satisfy court beyond reasonable doubt of guilt - failure should direct jury to enter NG verdict on judicial direciton of no case to answer
only excpetion to this is where formal admissions made or fact presumed/judicially noted

Question 7

What are requirements for a guilty plea?

Answer 7

must be entered personally by accusedat

Question 8

is effect of G plea

Answer 8

prosecution released from obligation to prove , no need to empanel jury, proceed to sentencing (subject to adjournment for sentencing report)
if dispute of fact serious enough newton hearing may be arranged

Question 9

what is the consequence of an accused entering mixed pleas on multi-indictment

Answer 9

if porsecution do not accept those pleas then sentencing for them is adjourned pending outcome of NG

Question 10

what is consequence of D entering G plea to a lesser offence

Answer 10

if accepted - treated as being acquitted of offence actually charged and proceeds to sentencing for lesser offence
at judges discretion as to whether to allow this acceptance

Question 11

What is consequence of a change of plea

Answer 11

NG-G no issue - indictment put again and plead to /jury directed to return G verdict
G-NG - deeper issue, judge discretion must be based on bad advice initially

Question 12

what is default position for preliminary hearings

Answer 12

agreement of reasonable and proprotionate terms

Question 13

What is the role/purpose of PTPH

Answer 13

the only pre-trial hearing in CC cases
allow sufficient case prep
satisfy judge that D understand credit for GP, what D plea is to be and D understands trial can take place in their absence and consequences of failure to attend if on bail

Question 14

what matters should be addressed in PTPH form

Answer 14

witnessess and special measures
dsiclosure
outstanding legal issues - bad character apps, hearsay etc.

Question 15

what are option to prosecution other than trial if NG plea entered

Answer 15

let it lie on file
offer no evidence

Question 16

what is offering no evidence

Answer 16

realised cannot ask jury to convict - do not proceed to trial unless forced

Question 17

what is letting it lie on file

Answer 17

e.g pleads G to bulk but not all - content to let them remain - effect of an adjournment which is accepted may never result in a trial

Question 18

who may make an applications for dismissal and how

Answer 18

the accused - after giving written notice of intention to do so if appears not enough info to prosecute
Crim PR 3.20
not more than 20 business days after service of prosecution evidence
served on prosecution and co-accused
explaining why, whether hearing wanted, any witnesses
if prosecution oppose theymust do so within 10 days

time limits can be shortened or extended

Question 19

what is the test for dismissal application

Answer 19

take into account whole evidence against accused - assess whether jury could be asked to infer/assume everything prosecution put to them