Procedure in the magistrates’ courts, allocation for trial, and sending to the Crown Court for trial or sentence . The rules relating to provision of initial details to the prosecution case Flashcards
Disclosure of Initial Details of Prosecution Case
CrimPR Part 8 applies in every case Rule 8.2(1)(a) requires the prosecutor, as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing), to provide to the court ‘initial details’ of the prosecution case.
These initial details of the prosecution case do not have to be supplied automatically to the accused; rather, r. 8.2(2) provides that,
if the accused requests the initial details, the prosecutor must serve them as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing);
If the accused does not request those details, the prosecutor must make them available to the accused at, or before, the beginning of the day of the first hearing.
What constitutes ‘initial details’ of the prosecution case is defined by r. 8.3. Where, immediately before the first hearing in the magistrates’ court, the accused was in police custody for the offence charged, initial details comprise a ‘summary of the circumstances of the offence’, and the accused’s criminal record (if any).
If the accused is not in custody, initial details comprise: a summary of the circumstances of the offence; any account given by the accused in interview (set out either in the summary or in a separate document); any written witness statements (including exhibits) that the prosecutor has available at that stage and which the prosecutor considers to be material to plea, or to whether the case should be tried in a magistrates’ court or the Crown Court, or to sentence; the accused’s criminal record (if any); and any available statement of the effect of the offence on victims or their family (or on others).
It is submitted that the reference to a magistrates’ court in Part 8 should be taken to include youth courts, and so these provisions apply equally to cases in the youth court where the accused is under the age of 18.
it is ‘essential’ that initial details are ‘sufficient to assist the court to identify real issues and give directions for an effective magistrates’ court or Crown Court trial’.
Failure to Comply
Part 8 contains no specific sanction if the prosecution fail to supply the required initial details. However, it is submitted that it would be open to the magistrates’ court to make a direction requiring the prosecution to comply.
It should be noted that r. 3.5(6)(a) provides that, if a party fails to comply with direction given by the court, the court may (for example) adjourn the hearing.
Failure on the part of the prosecution to comply with Part 8 is likely to result in an adjournment (and possibly a costs sanction under r. 3.5(6)(b)).
Moreover, CrimPR 8.4 applies where the prosecutor wants to introduce information contained in a document listed in r. 8.3 but has not served that document on the accused or made that information available.
In such cases, the prosecutor will not be permitted to ‘introduce that information unless the court first allows the defendant sufficient time to consider it’.
However, it would appear that the court cannot dismiss the charge(s) brought by the prosecution because of non-compliance with a request for initial details of the prosecution case.
The court does not have jurisdiction to dismiss proceedings for abuse of process simply on the basis of the failure to supply the information now required by Part 8.
