Processes: Case Management Flashcards
What is the case timeline for:
A case remaining in the Magistrates’ Court (summary / either-way offence)
- First appearance at the MC
- Case remains at MC
- Prepartion for trial hearing
[Further pre-trial hearings if necessary]
- Summary trial
N.B: Disclosure obligations on both the prosecution and the defence throughout the process
What is the case timeline for
A case sent to the Crown Court (either-way / indictable offence)
- First appearance at the MC
- Case sent to Crown Court
- Plea and Trial Preparation Hearing (PTPH)
[Further pre-trial hearings if necessary]
- Trial on indictment
N.B: Disclosure obligations on both the prosecution and the defence throughout the process
What case management steps are taken between first appearance and trial?
Steps taken between first appearance and trial:
- Case directions and schedules issued by the court;
- The disclosure of used and unused evidence;
- The calling of witnesses
- Pre-trial rulings on the admissibility of evidence or question of law
Explain what is IDPC?
Initial details of prosecution case (IDPC):
The IDPC is a summary of the circumstances of the offence including the defendant’s criminal record. Must be provided by the prosecution to the defence before the first appearance at court, or earlier if the defence makes such a request.
Where the defendant is not in police custody (and, therefore, the first appearance will be a bit later), it should also include information that is relevant to plea, allocation or sentence, including any witness statements that the prosecution has available.
What is meant by used and unused evidence?
“Used” evidence: Evidence that parties intend to rely on
“Unused” evidence: Evidence that parties have access to but may be more useful to the other side
Explain the nature of disclosure in criminal proceedings in respect of the prosecution’s duty
Prosecution’s duty for evidence: The prosecution has a duty to provide information about the evidence it will rely on before trial. It also has a duty to provide information that it does not propose to rely on, but which may assist the defence case.
Once a case is listed at trial, the prosecution tends to make available the evidence on which they intend to rely (for example, witnesses to be called and their statements and other evidence they will seek to admit). However, they are not obliged to do so in the magistrates’ court.
Note: The prosecution remains under an ongoing duty to review their evidence which means they must apply the test to any material that they become aware of before or during the trial.
What matters must the parties confirm at the first hearing?
Matters to determine at first hearing (court case management):
Court will require the parties to confirm the following -
- The real (actually disputed) issues
- What points of law might arise in the case
- Any evidence that can be agreed and read out (s9 CJA)
- Whether any formal admissions can be made (s10 CJA)
- The number of witnesses to be called and the dates of their availability
- Whether the record of police interview can be agreed
- Whether any applications for special measures, character or hearsay evidence are anticipated
- A realistic time estimate for trial
What is the PET form?
Preparation for Effective Trial (PET) form: Should be completed, ideally before the hearing. If D is intending to plead not guilty, it should identify the issues in the case.
Trial hearing will be the first hearing unless D has been sent to the Crown Court forthwith for trial (for indictable offences) or pleaded guilty.
What are case directions?
Case Directions: The court will issue directions for preparation for trial, including a time schedule for key stages if not resolved at the case management hearing
What are pre-trial rulings?
Pre-trial rulings: The court may make a ruling on matters relating to the admissibility of evidence or a question of law before trial at a distinct hearing. Will be binding on the trial court until the trial in question has been concluded
What is the Plea and Trial Preparation Hearing (PTPH)?
Plea and Trial Preparation Hearing (PTPH): Listed within 28 days of the case being transferred to the Crown Court and not more than 35 days after being transferred. Hearing should be prepared for with a PTPH form - should be disclosed to all parties in advance
What is the procedure for PTPH?
Procedure for PTPH:
1) The hearing should be prepared with a PTPH form, which should be disclosed to all parties in advance. The prosecutor should provide details of the availability of witnesses in order to arrange a trial date.
2) Other matters that should be addressed include:
* orders in relation to witnesses, such as summonses or special measures directions
* orders for disclosure, and
* legal issues, including matters relating to bad character and hearsay evidence.
3) At the hearing, the defendant has the following options:
* plead guilty – whereupon the court will move to sentence immediately or adjourn for a pre sentence report
* ask for an indication of likely sentence (called a Goodyear indication) if they were to plead guilty – if they do so, then that indication becomes binding, or
* plead not guilty – whereupon the judge will set a timetable and make such directions as are appropriate so that the case can be set down for trial.
What is a preparatory hearing?
Preparatory hearing: May be held in addition to a PTPH in long and complex cases that are likely to lead to a lengthy trial.
It may also be held in serious fraud cases (Criminal Justice Act 1987), where it is necessary to identify issues likely to be material to the verdict of the jury, assist their comprehension, expedite jury trial, assist the judge’s management of the case or address issues of severance or joinder of counts on the indictment: Criminal Justice Act 1987 s 7. This hearing must be conducted by the trial judge.
What is a voire dire procedure?
Voire dire procedure: Mini-hearing before a trial. A voir dire is a separate hearing in which the trier of law determines whether evidence is admissible and can potentially be entered into evidence in the trial.
A voir dire can also be convened to determine the competence of a witness or to determine whether an expert witness is qualified to give evidence. Where the trier of fact is a jury, a voir dire on the admissibility of evidence will typically be held in the absence of the jury.
What is included in the CC’s trial bundle?
Trial bundle for the Crown Court: Put together by the prosecution, should be made available to D within 70 days (50 days if D is in custody):
- A draft indictment
- Witness statements of all the witnesses they intend to rely on to prove the case
- A list of exhibits they intend to produce, and
- A list of the ‘unused evidence’
When does the defence’s obligation arise to set out their case?
Once the prosecution has complied with their initial disclosure obligations for “unused” material, the defence come under an obligation to set out their case.
What are the defence’s obligations in the CC?
CC: The defence satisfy their obligations by serving a defence statement. The defence statement should identify the basis of the defence case, including the points of dispute with the prosecution case and any particular points of law that the defence intend to raise or challenge.
They must also provide a list of witnesses that they intend to call, including personal details, so that the witnesses’ character, convictions and details can be checked by the police.
What is the consequence of not having a defence statement?
The failure to produce a defence statement or the presentation of a defence at trial that is inconsistent with the statement can lead to adverse inferences being drawn against the defendant.
This can also be the case if the defence fail to identify which witnesses they will call.
What is the rule for defence obligations in the MC?
MC: In the magistrates’ court, the defence must disclose intended witnesses but are not obliged to issue a defence statement. However, doing so may assist them in obtaining further unused material. The defence statement could invite a review of what could reasonably undermine the prosecution case or assist the defence case.
