Procedure for Indictable Offences

Question 1

Where is the initial hearing held, and what is this called?

Answer 1

In The Mags Court, this is called an Early Administrative hearing.

Question 2

What happens at this hearing?

Answer 2

D’s identity is confirmed by the Clerk, then the Mags will decide on bail and legal aid.

Question 3

When and where does the Plea and Trial preparation hearing happen?

Answer 3

The Plea and Trial preparation hearing happens as soon as possible in the crown court.

Question 4

What happens if D pleads guilty?

Answer 4

He will be sentenced by the judge

Question 5

What happens if D pleads’s not guilty?

Answer 5

Then the relevant issues will be discovered, a date will be set for trial, and a timetable for pre-trial preparation will be made, and if needed a further case management hearing can take place.

Question 6

What does Disclosure mean as part of the trial?

Answer 6

This is what both the prosecution and the defence have to do. Both have to set out all the evidence they propose to use at the trial and any undisclosed evidence that they wish to use.

Question 7

What does the defence’s written statement to the prosecution have to include.

Answer 7

• The nature of the accused’s defence, including any legal defences intended to be relied on.
• any matters of fact on which issue is taken with the prosecution
• any point of law to be argued, and the case authority in support
• any alibi and the witness to support that alibi this information allows the prosecution to run police checks on the alibi witnesses