PreTrial Flashcards
What begins the criminal justice process?
A person being arrested and brought before the magistrates’ court.
What happens if a defendant pleads guilty?
The court moves to sentence.
What happens if a defendant pleads not guilty?
There is a trial and the court comes to a verdict.
What are the three categories of offences?
- Summary only offences
- Either-way offences
- Indictable only offences
What is the time frame for a first hearing if the defendant is on bail and a guilty plea is anticipated?
14 days of being charged.
What is the time frame for a first hearing if a not guilty plea is anticipated?
28 days of being charged.
In what court do all adult defendants have their first hearing?
Magistrates’ court.
What must happen if a defendant fails to attend their first hearing after being bailed?
The court can issue a warrant for the defendant’s arrest.
What is the purpose of the Initial Details of the Prosecution Case (IDPC)?
To provide sufficient information for the court to take an informed view on plea and venue for trial.
What must initial details include?
- Summary of the circumstances of the offence
- Any account given by the defendant in interview
- Any written statements and exhibits
- Victim impact statements
- The defendant’s criminal record
What happens at the first hearing for summary and either-way offences?
The hearing deals with plea, bail, representation, and legal aid.
What occurs if a defendant pleads guilty to a summary only offence?
The court will proceed to sentence.
What is the maximum sentence a magistrates’ court can impose for summary only offences?
6 months imprisonment.
What must the court do if a defendant pleads not guilty?
Set a trial date and manage the case for an effective trial.
What is the role of the case progression form (PET)?
To outline trial issues, witness details, and necessary arrangements for the trial.
What is a pre-trial ruling?
A decision made on pre-trial matters such as admissibility of evidence.
What is the procedure for pleading guilty by post?
The defendant can complete documentation to plead guilty in writing without attending court.
What is the exception for summary only offences in the Crown Court?
When there is a related summary only offence connected to an indictable offence.
Fill in the blank: If a defendant is acquitted of the charge, they are _______.
free to go.
True or False: A magistrates’ court can deal with indictable only offences.
False.
What must be sufficient at the first hearing regarding initial details?
To allow the court to take an informed view on plea and venue.
What happens if a defendant pleads not guilty to a summary only offence?
The case will proceed to a trial date.
What are the consequences of failing to comply with directions set by the court?
The magistrates’ court has a case progression officer to monitor compliance.
What is the role of communication between the prosecutor and the defendant?
To assist the court in furthering the overriding objective.
What can a defendant do to plead guilty without attending court?
Complete necessary documentation and plead guilty in writing
This allows for sentencing in the defendant’s absence, typically for minor offences.
What types of offences can be sentenced in the defendant’s absence?
Minor non-imprisonable offences such as speeding or driving without insurance
These are generally summary-only offences.
What must a defendant do at a first hearing for a summary-only or either-way offence?
Enter their plea to a charge
Guilty pleas must be unequivocal.
What happens if a defendant pleads guilty at a first hearing?
The court will sentence the defendant
This can be done in the defendant’s absence.
What occurs if a defendant pleads not guilty at a first hearing?
The court issues directions for a later trial date
What are ‘initial details’ in the context of criminal procedure?
A summary of the offence circumstances and the defendant’s criminal record
Required by Criminal Procedure Rules, Part 8.
What are the three possible indications a defendant can give at a plea before venue?
- Indicate guilty
- Indicate not guilty
- Give no indication
No indication is treated as a not guilty plea.
What must the court do if a guilty plea is equivocal?
Treat it as a not guilty plea
Examples of equivocal pleas include claiming a defence while pleading guilty.
What is the maximum sentence a magistrates’ court can impose for a summary-only or either-way offence?
6 months imprisonment
For two or more either-way offences, the maximum is 12 months.
What does committal for sentence entail?
Defendant is sent to the Crown Court for sentencing when the magistrates’ court’s powers are insufficient
This can occur if the sentence exceeds the magistrates’ maximum.
What is the allocation guideline for either-way offences?
Generally tried summarily unless the court’s sentencing powers are insufficient or the case is complex
What happens during an allocation hearing?
The court decides whether to allocate the case to a magistrates’ court or send it to the Crown Court
Based on the severity and complexity of the offence.
What are the duties of the prosecution during the allocation hearing?
- Open with the facts
- Outline the defendant’s offending history
- Make submissions on trial venue
What can a defendant request during the indication of sentence process?
An indication of sentence if they plead guilty
The court has discretion to provide or decline an indication.
What is the difference between summary trial and Crown Court trial?
- Summary trial: less formal, shorter waiting time, quicker trial
- Crown Court trial: more formal, higher acquittal rates
What are the exceptions to the general rules for either-way offences?
- Low value shoplifting
- Criminal damage
- Cases involving complex fraud or children as witnesses
What defines low-value shoplifting?
Stealing goods valued at £200 or less
Treated as summary only even though theft is generally an either-way offence.
What is the maximum penalty for simple criminal damage valued at £5,000 or less?
3 months’ imprisonment or a level 4 fine
What constitutes complex fraud?
- Amount exceeds £500,000
- Significant international dimension
- Requires specialized financial knowledge
- Numerous victims
- Substantial fraud on a public body
- Widespread public concern
What happens to cases involving complex fraud or children as witnesses?
Sent directly to the Crown Court without going through the plea before venue or allocation procedure
What is the process if a defendant consents to summary trial?
- Case progresses as if summary-only offence
- Sets a trial date
- Conducts necessary case management
What must the court explain to a defendant if it retains jurisdiction?
- Summary trial is more suitable
- Defendant can consent to summary trial or elect for jury trial
What is the purpose of the first hearing in either-way offences?
Deals with matters such as plea and allocation, along with bail.
What must generally happen at the first hearing?
The defendant must be present.
What is the treatment of low value shoplifting valued at £200 or less?
Treated as summary only, but the defendant can elect trial in the Crown Court.
What is the value threshold for simple criminal damage to be considered summary only?
£5,000 or below.
What happens in complex fraud cases or where children may be called as witnesses?
Sent to the Crown Court without allocation.
What does ‘plea before venue’ entail?
The defendant indicates their plea to a charge.
What happens if the defendant indicates an unequivocal guilty plea?
The court will sentence the defendant unless it is necessary to commit them to Crown Court for sentence.
What occurs if a defendant indicates a not guilty plea?
The court will decide on allocation.
What is allocation in the context of either-way offences?
The court decides whether to allocate the case to a magistrates’ court or send it to the Crown Court.
What can a defendant request during the indication of sentence?
An indication if they were to plead guilty instead.
What is the election process for a defendant in either-way offences?
The defendant can consent to being tried in a magistrates’ court or elect to be tried by a jury in the Crown Court.
What is a key consideration for a magistrates’ court when deciding to accept jurisdiction?
Whether its sentencing powers are adequate.
What must happen if the court decides its powers are insufficient for sentencing?
The defendant will be committed for sentence to the Crown Court.
What should the court do if it adjourns sentencing for a pre-sentence report?
Make it clear that all sentencing options remain open.
What does a guilty plea need to be in order to be accepted?
Unequivocal.
What is the maximum sentence a magistrates’ court can impose for summary only or either-way offences?
6 months imprisonment.
What is the maximum sentence for two or more either-way offences in a magistrates’ court?
12 months imprisonment.
What should the prosecution do during the allocation hearing?
Open with the facts and outline the defendant’s offending history.
What can the defence do during the allocation hearing?
Make submissions as to venue.
What happens if the court decides to allocate the case to the Crown Court?
The matter is sent pursuant to s 51 Crime and Disorder Act 1998.
What is one of the duties of the defendant’s legal representative regarding trial election?
Advise the defendant on whether to consent to summary trial or to elect trial.
What are the advantages of electing trial on indictment in the Crown Court?
- Higher acquittal rate
- Separate tribunals of law and fact
- Voir dire procedures
What are the advantages of consenting to summary trial?
- Less formal proceedings
- Shorter waiting time
- Quicker trial
- Less expensive
What are the special cases that affect the jurisdiction of either-way offences?
- Low value shoplifting
- Criminal damage
- Cases involving complex fraud or children as witnesses
What is the definition of low-value shoplifting?
Stealing goods valued at £200 or less.
What happens if criminal damage is over £5,000?
It can only be dealt with at the Crown Court.
What constitutes complex fraud?
At least two of the following: * Amount exceeds £500,000
* Significant international dimension
* Requires specialized knowledge
* Numerous victims
* Significant fraud on a public body
* Of widespread public concern
What happens to indictable-only offences?
Always sent to the Crown Court.
What is the treatment of either-way offences after a guilty plea?
Committed for sentence.
What happens if the court accepts jurisdiction after a not guilty plea?
The defendant may still be committed to the Crown Court for sentence.
What is the maximum penalty for simple criminal damage of £5,000 or less?
3 months imprisonment or a level 4 fine.
What type of cases may be sent to the Crown Court without allocation?
Complex fraud cases or cases where children may be called as witnesses
These cases are typically classed as either-way offences.
What happens during the first hearing for an either-way offence?
Matters such as plea and allocation, along with bail are considered
The defendant generally must be present at the first hearing.
What is the significance of a plea before venue?
The defendant indicates their plea to a charge, which influences the court’s decision on jurisdiction
An unequivocal guilty plea can lead to sentencing in the magistrates’ court.
What is ‘adjournment’ in the context of court proceedings?
When a case cannot be concluded in one hearing and is postponed to a later date
The term applies to the case, not the defendant.
What is a ‘remand’?
When a defendant is sent away and told to return for another court date
A remand may be served in custody or in the community on bail.
Who applies for a defendant to be remanded into custody?
The prosecution applies for remand into custody if desired
They must present objections to bail based on specific grounds.
What is the presumption regarding bail as per the Bail Act 1976?
The court must presume that a defendant is entitled to bail
Bail can only be refused if a valid objection is raised.
When does the right to bail not apply?
To those appealing their conviction or sentence and defendants committed for sentence from the Magistrates’ Court to the Crown Court
Bail can still be granted in these cases, but the presumption does not apply.
What are the three primary grounds for objecting to bail in indictable offences?
- Failure to attend a subsequent hearing
- Commit further offences on bail
- Interfere with witnesses or obstruct justice
These are known as the ‘big three’ grounds.
What is the threshold for ‘substantial grounds for believing’ in bail objections?
The fears of the behaviour happening must have substance and merit
This is a factual enquiry and does not require a trial.
What constitutes a ‘no real prospects’ filter in bail considerations?
Bail should not be removed if there are no real prospects of the defendant receiving a custodial sentence
This applies even to indictable offences.
What grounds are available for summary offences regarding bail?
Only if a defendant breaches bail conditions or has a past conviction for failing to surrender
For lesser offences, it is assumed the defendant would not abscond.
What are the next most common grounds for refusing bail after the ‘big three’?
- Remand in custody for the defendant’s own protection
- Insufficient information to deal with bail
- Defendant already serving a sentence
The test is that the defendant ‘need not’ be granted bail.
What types of cases are classified under ‘serious cases’ for bail considerations?
- Murder
- Rape
- Other serious offences with high penalties
These cases have stricter tests for bail eligibility.
What is the process for checking bail objections?
Determine if the defendant falls into special categories related to serious crimes or crimes of particular character
This influences the type of objections that can be raised.
What are the behavioural difficulties commonly encountered with defendants who commit certain offences?
Defendants may face issues such as non-compliance with bail conditions and risk of reoffending.
What is the process for handling bail objections?
Check if the defendant falls into special categories, apply stringent tests for serious cases, and use additional grounds for particular character cases.
What serious crimes may lead to bail being denied?
- Murder
- Attempted murder
- Rape
- Serious sexual offences
- Manslaughter
- Offences carrying life imprisonment
Under what circumstances can bail be granted to a defendant charged with murder?
Bail may only be granted if there are exceptional circumstances to justify it.
What conditions must be met for a defendant charged with an offence carrying life imprisonment to receive bail?
There must be no significant risk of further offences being committed or failure to attend court.
What must the court believe to deny bail for a defendant charged with an offence against a partner or family member?
There must be substantial grounds to believe the defendant would commit an offence on bail causing injury.
What is required for a court to deny bail due to drug abuse?
The defendant must have a Class A drug in their body and the offence must relate to or be motivated by the use of Class A drugs.
What happens if a defendant was on bail at the time of the alleged offence?
Bail need not be granted if the defendant committed an indictable offence or a summary imprisonable offence with substantial grounds.
What are the general grounds for objection to bail?
- Fail to surrender (FTS)
- Commit further offences (CFO)
- Interfere with witnesses or obstruct justice
True or False: A court can deny bail for a non-imprisonable offence without prior convictions.
False
What factors do courts consider when determining bail objections?
- Nature and seriousness of the offence
- Character of the defendant
- Defendant’s bail record
- Strength of the evidence
What is a common mistake courts make regarding factors and grounds for objection?
Courts often remove bail based on a factor instead of a legitimate ground for objection.
What defines bail according to the Bail Act 1976?
Bail is the release of a person subject to a duty to surrender to custody at an appointed time and place.
What are common conditions attached to bail?
- Residence at a given address
- Curfew
- Reporting to a local police station
- Surety
- Security
- Restrictions on movement
- Restrictions on contact
- Electronic monitoring
- Residence at a bail hostel
- Surrender of passport
Fill in the blank: A condition that the defendant must live and sleep at a specified address is known as _______.
Residence condition
What does a curfew condition require of a defendant?
To remain indoors during certain hours.
What is a surety in the context of bail?
The offer of money by someone to secure the defendant’s return to court.
What is the difference between a surety and a security?
A surety can only be given by a third party, while a security can be given by either a third party or the defendant.
What might a court impose to prevent a defendant from absconding?
Conditions such as residence at a bail hostel or surrender of passport.
What is the purpose of electronic monitoring (tagging) in bail conditions?
To prevent further offences and address fears of failure to surrender.
What is a bail hostel?
A bail hostel provides a residence and curfew for the defendant on bail, along with specific rules to comply with.
What condition may a court impose to prevent a defendant from absconding?
Surrender of passport
Who can apply to vary bail conditions?
Either the defence or the prosecution
What happens if bail conditions are breached?
The accused may be arrested under the Bail Act 1976, s 7(3), and risk having bail conditions tightened or being remanded in custody.
True or False: There is an offence of ‘breaching a bail condition’.
False
What is the only bail breach that is a criminal offence?
Failing to surrender to custody
What are common bail conditions?
- Residence
- Curfew
- Reporting
- Surety
- Security
- Restrictions on movement
- Electronic monitoring
- Bail hostel
- Surrender of passport
What is the procedure if a defendant is refused bail by the police?
The defendant will appear before the next available magistrates’ court in custody.
What must the prosecution do if they object to bail?
Outline their objections to the court.
What is the general rule for bail attempts in the magistrates’ court?
A defendant can have two attempts at getting bail.
How long does a defendant have to wait for a second bail application if the first is unsuccessful?
One week
What is required for a defendant to appeal to the Crown Court after a bail decision?
A certificate of full argument from the magistrates’ court
What are the custody time limits for trials in the magistrates’ court and Crown Court?
- 56 days for magistrates’ court
- 182 days for Crown Court
What happens if the custody time limit expires?
The defendant will be released unless the prosecution applies to extend the time limits.
What is the maximum remand period before a defendant’s trial in the magistrates’ court?
Eight clear days for the first remand
What must happen every 28 days after the second appearance in the magistrates’ court?
The defendant must be formally remanded into custody.
What must the court provide if it refuses bail under s. 4 Bail Act 1976?
Reasons for refusing bail or imposing conditions.
True or False: The prosecution can appeal against the granting of bail.
True, but it is very rare.
What is the timeline for a bail appeal to the Crown Court?
Heard no later than one business day after the appropriate notice is served.
What are ‘pre-trial matters’?
‘Pre-trial matters’ are all those matters that can be resolved pre-trial, including selecting a trial date, applying for a witness summons, or resolving legal arguments.
What happens if a defendant pleads guilty?
If they plead guilty, the court moves to sentence.
What happens if a defendant pleads not guilty?
There is a trial and the court comes to a verdict.
What are the possible verdicts in a trial?
- Guilty: the defendant must be sentenced
- Not guilty: the defendant is acquitted and free to go
What is the role of the magistrates’ court in the pre-trial stage?
The magistrates’ court may issue a written charge and requisition to secure attendance or resolve many pre-trial matters at the first hearing.
When can pre-trial matters be considered?
Pre-trial matters can be considered at:
* a first hearing
* a hearing after the first hearing and before the trial date
* on the day of trial itself before the trial starts
What is the Preparation for Effective Trial (PET) form?
The PET form is used in the magistrates’ court to manage case management issues before the first hearing.
What is a Plea and Trial Preparation Hearing (PTPH)?
The PTPH is the main and often only pre-trial hearing in the Crown Court.
What must the magistrates’ court do when sending a case to the Crown Court?
Set a date for a PTPH within 28 days and complete a ‘sending sheet’ specifying the offences.
What is the timeframe for serving evidence after a case is sent to the Crown Court?
- 50 days if the defendant is in custody
- 70 days if the defendant is on bail
What happens if a defendant is found unfit to plead?
No plea is taken and a trial with a jury is held to determine whether the defendant committed the act.
What must happen at the plea stage of the PTPH?
The indictment is put to the defendant and they enter a plea of guilty or not guilty, known as arraignment.
What are the possible outcomes of the plea stage?
- Plea of guilty: case moves to sentence
- Plea of not guilty: court proceeds to trial preparation
What should parties know at the end of the trial preparation stage?
The trial date, timetable for further preparatory work, and whether the case needs to be listed in court again before trial.
What are standardised directions at the PTPH?
- Special measures
- Bad character applications
- Witness summons
- Agreed and disputed facts
- Defence statement
- Disclosure
- Defendant’s interview
- Hearsay
- Admissibility and legal issues
What is the significance of the PTPH in the Crown Court?
It is crucial for resolving pre-trial matters and ensuring parties are trial ready.
True or False: The magistrates’ court can hear indictable only matters?
False
Fill in the blank: A defendant can ask for an early ______ hearing to enter their guilty plea as quickly as possible.
guilty plea
What are the consequences if a party fails to comply with directions set at the PTPH?
They may be required to come to court and explain their failure.
What is the primary duty of the prosecution during a criminal investigation?
To record and retain material relevant to the investigation
This includes statements, documents, and any other evidence that may support or undermine the case.
What is ‘used material’ in the context of a criminal trial?
Material relied upon at trial to prove the case against a defendant, including:
* statements from prosecution witnesses
* defendant’s record of taped interview
* documentary exhibits relevant to the case
What constitutes ‘unused material’?
Material not relied upon by the prosecution at trial, including:
* statements from witnesses not used
* records of previous convictions of prosecution witnesses
* disciplinary findings against police officers
Why is unused material important to a defendant?
It may contain evidence that undermines the prosecution’s case or supports the defendant’s defense
Fairness requires that such material be disclosed to the defendant.
What does the House of Lords state about the disclosure of material?
‘Fairness ordinarily requires that any material held by the prosecution which weakens its case or strengthens that of the defendant should be disclosed to the defence.’
Reference: R v H and C [2004] UKHL 3.
What are the principal provisions relating to unused material?
They can be found in:
* The Criminal Procedure and Investigations Act (CPIA) 1996
* The Code of Practice on Disclosure
* Criminal Procedure Rules (CrimPR) Part 15
* The Attorney General’s Guidelines on Disclosure
* The Judicial Protocol on the Disclosure of Unused Material
What are the four stages of disclosure in criminal proceedings?
- Investigation stage - duty to record and retain material
- Initial duty of disclosure on the prosecution
- Defence disclosure
- Continuing duty on the prosecution to keep disclosure under review
What is the duty of the investigator in a criminal case?
To follow all reasonable lines of enquiry and to be fair and objective
This includes investigating both towards and away from the suspect.
What must disclosure officers do?
Inspect, view, listen to, or search all relevant material retained and provide a personal declaration of compliance
They must also seek prosecutor’s advice for any material that is uncertain.
What materials must be retained during a criminal investigation?
Materials such as:
* crime reports
* witness statements
* interview records
* experts’ reports
* records of first descriptions of suspects
What is the initial duty of disclosure as per the CPIA?
The prosecutor must disclose any prosecution material that could undermine the case against the accused or assist the accused’s case
This includes a written statement if no such material exists.
What does the disclosure test under CPIA require?
To disclose material that might help the defence or undermine the prosecution case
The test is objective and considers the cumulative effect of materials.
When does the duty of initial disclosure arise in magistrates’ court?
When a defendant pleads not guilty and the case is adjourned for summary trial
What must the prosecution do at the first hearing in magistrates’ court?
Serve initial disclosure of used material and ensure compliance with disclosure requirements
This includes providing sufficient information for plea and trial venue determination.
What happens during a Plea and Trial Preparation Hearing (PTPH) in the Crown Court?
The prosecution should provide sufficient evidence to enable effective case management without needing further hearings
This usually occurs 28 days after a case is sent to Crown Court.
What is the continuing duty of the prosecution after initial disclosure?
To review disclosure throughout the criminal proceedings and ensure all relevant material is disclosed
What is the role of the disclosure officer regarding unused material?
To prepare a schedule listing every item of unused material for the prosecutor
In Crown Court, this is known as an MG6C.
What categories are mentioned for cases involving further hearings?
Categories such as murder or cases involving children
These categories require further hearings to be envisaged.
What happens if the prosecution has not complied with initial disclosure at the PTPH?
Dates will be given by when this must be done
This refers to the timelines for compliance with initial disclosure.
Does compliance with initial disclosure end the prosecution’s duty?
No, the prosecution has a continuing duty to review disclosure
This duty continues throughout the criminal proceedings.
What is the defence’s duty after initial disclosure by the prosecution?
To provide a defence statement which sets out the accused’s defence
This is mandatory in the Crown Court and optional in the magistrates’ court.
What are the two types of material considered in the summary?
- Used materials (relied upon at trial)
- Unused materials (not relied upon at trial)
This distinction is crucial for understanding disclosure.
Who is responsible for examining retained material during a criminal investigation?
A disclosure officer
The disclosure officer reveals material to the prosecutor and the defence.
What document does a disclosure officer prepare in Crown Court cases?
An MG6C which individually lists the items of unused material
This document aids in the disclosure process.
How is unused material listed in magistrates’ court cases where a Not Guilty plea is anticipated?
On a streamlined disclosure certificate
This simplifies the process for listing unused material.
What factors affect the duration of the duty to retain material?
- Whether proceedings are commenced
- Whether the defendant is convicted
- What sentence the defendant received
- Whether an appeal against conviction is in progress
These factors determine how long material must be retained.
What is the disclosure test under s.3 CPIA?
An objective test where prosecution material that might help the defence should be disclosed
This ensures fairness in the legal process.
What is the time limit for the prosecution to serve initial details of the prosecution case?
No later than the beginning of the day of the first hearing
This is in accordance with CrimPR Part 8.
When does disclosure of unused material arise in the magistrates’ court?
When a defendant pleads not guilty and the case is adjourned for summary trial
This is a critical moment for disclosure in the process.
When does disclosure of unused material occur in the Crown Court?
When a defendant is sent for trial
This marks a transition in the legal proceedings.
What is a defence statement?
A written statement which sets out the nature of the accused’s defence
It should not be confused with a defendant’s proof of evidence, which is a privileged document.
Under which act is the duty to serve a defence statement in the Crown Court imposed?
s.5 Criminal Procedure and Investigations Act (CPIA) 1996
What must a defence statement contain according to Section 6A CPIA 1996?
- Nature of the accused’s defence
- Matters of fact disputed with the prosecution
- Reasons for disputing the prosecution
- Particulars of evidence relied on for defence
- Points of law to be taken
What is the time limit for serving a defence statement in the Crown Court?
Within 28 days of the prosecution’s initial disclosure
Is serving a defence statement compulsory in the magistrates’ court?
No, it is not compulsory.
What happens if a defendant fails to serve a defence statement in the Crown Court?
- The jury may draw adverse inferences
- The prosecution or co-defendant may comment on the failure
What must be included in a defence statement if it discloses an alibi?
- Name, address, and date of birth of the alibi witness
- Any information to locate the witness
What is the consequence of failing to disclose a defence witness in the Crown Court?
The defendant must provide a notice indicating if they intend to call any witnesses.
Fill in the blank: A defence statement must be served within _______ days in the magistrates’ court after prosecution’s initial disclosure.
10
True or False: In the magistrates’ court, if a defence statement is not served, the defendant cannot make an application for specific disclosure.
True
What are the potential consequences of failing to serve a defence statement or serving it late in the Crown Court?
- Adverse inferences may be drawn
- The prosecution may comment on the failure
What does the Judicial Disclosure Protocol state about the importance of a defence statement?
It is crucial for timely service to facilitate proper consideration of disclosure issues.
What must a defence statement include regarding the matters of fact disputed?
The reasons why the defendant disputes the prosecution’s claims.
What is the purpose of the Notice of Intention to Call Defence Witnesses?
To indicate if the defendant intends to call any witnesses at trial.
When can the time limit for serving a defence statement be extended?
Only if the application to extend is made within the time limit and the court finds it reasonable.
What happens if a defence statement is deficient in content?
Adverse inferences may be drawn against the defendant.
What is the role of the Attorney General’s Guidelines regarding inadequate defence statements?
Prosecutors should challenge and seek directions from the court for adequate statements.
True or False: A defendant cannot be convicted solely or mainly on the basis of adverse inferences drawn from failure to serve a defence statement.
True
What should be included in the particulars of a defence statement?
Particulars of the matters of fact on which the defence intends to rely.
What is one key point of law that might be included in a defence statement?
Any point as to the admissibility of evidence or an abuse of process.
What are the implications of failing to serve a defence statement for the prosecution’s ability to review disclosure?
The prosecution will not have the opportunity to review disclosure in light of the issues.
What are additional disclosure issues in legal proceedings?
Applications for specific disclosure, third party disclosure, public interest immunity
These issues include the prosecution’s continuing duty to disclose, failure to disclose, and specific procedures for obtaining necessary information.
What is the prosecution’s continuing duty of disclosure?
The duty to keep disclosure under review throughout the case until a conviction, acquittal, or decision not to proceed
This includes reviewing material even after the defense statement is served and ensuring no surprises at trial.
What does a defense statement provide to the prosecution?
A reasonable outline of the defense to a particular charge
This helps prevent ambush tactics at trial and allows for informed disclosure.
Under which section of the CPIA can the defense apply for specific disclosure?
Section 8
This application is made when the defense believes there is prosecution material that should have been disclosed.
What must the defense do before making an application for specific disclosure?
Serve a defense statement and either receive further disclosure or be notified of no further disclosure
Failure to serve a defense statement prevents the application from being made.
What can happen if the prosecution fails to disclose relevant material?
Abuse of process applications, quashed convictions, wasted costs orders, exclusion of evidence
These consequences emphasize the importance of proper disclosure in criminal trials.
What is third-party disclosure?
The process of obtaining material relevant to a case from third parties such as local authorities or financial institutions
Prosecutors must pursue reasonable lines of inquiry to obtain material that may undermine the prosecution case.
What is Public Interest Immunity (PII)?
A request to withhold sensitive material from disclosure due to risks to important public interests
The prosecution must apply to the judge for non-disclosure while ensuring fair trial rights for the defendant.
What must be included in the Sensitive Material schedule?
Reasons for sensitivity, consequences of disclosure, relevance to the case, implications for prosecution
This documentation is crucial for justifying non-disclosure in PII applications.
True or False: The prosecution’s duty to keep disclosure under review ends once the defense statement is served.
False
The duty continues until the case concludes with a conviction, acquittal, or decision not to proceed.
What should the defense do before making a formal application regarding disclosure failures?
Write to the prosecution specifying the material sought
This step is important before pursuing formal court applications.
What is the time frame for the prosecution to respond to a specific disclosure application?
10 business days
This ensures timely communication and resolution of disclosure issues.
Fill in the blank: The defense must set out the ______ clearly to apply for specific disclosure.
issues
Clear articulation of issues in the defense statement is essential for a successful application.
