PTPH, Disclosure, Excluding Evidence Flashcards
Stages of PTPH
- Arraignment (enter plea)
- Sentencing or trial prep
P initial disclosure
- deadline
- details
- triggers
Deadline: ASAP but no later than 50 days (no bail) 70 days (on bail) after First Hearing
Details: unused material + List of retained evidence
Triggers: Defence statement + Notice of intention to call witnesses (within 28 days (CC trial) or 10 business days (Mags trial))
Sanctions for failing to serve defence statement
- adverse inferences
- D or P can mention failure without court permission
- Unable to make app for specific disclosure
Application for specific disclosure
When?
1. Served Defence Statement
2. Informally requested from P
3. Reasonable cause to believe P has not disclosed evidence
How?
1. File and serve App (describe evidence + reasonable grounds to believe exists / not disclosed)
2. P MUST respond in writing within 10 business days
Applications for P to drop charges due to insufficient evidence
- types of application and timing
- test
Types of Application:
- Application for dismissal (post IDPC)
- Half Time submission no case to answer (voir dire)
Test: Galbraith Test
1. No evidence; or
2. Jury could not safely convict on evidence
Court MUST acquit if so
Application to stay proceedings due to abuse of process
- How
- Limbs
Process
- App to CC judge (if trial in CC)
- App to Divisional court (if trial in Mags)
Test:
- Limb 1: Impossible to give D a fair trial
- Limb 2: Necessary to protect integrity of criminal justice system
(if CC can rely on both / if Mags can only rely on limb 2)
Exclusion of evidence
- tests
Common Law: MAY exclude if ‘prejudicial effect outweighs probative value’
s78: MAY exclude if such adverse effect on fairness of proceedings court ought not to admit it (appeal - Wednesbury unreasonableness only)
Exclusion of confession evidence
- grounds
- burden of proof
Court MUST exclude if:
1. Oppression (torture, inhumane or degrading treatment or use or threat of violence)
2. Unreliable (confession rendered unreliable by things said or done)
D raises possibility. Court MUST exclude unless P can show beyond reasonable doubt that oppression / things said or done did not cause the confession (e.g. time delay)
If P proves and confession is admitted: D can still raise at trial
if confession is excluded: P cannot rely on confession but can rely on any evidence obtained (e.g. location of body or use part of confession to show speech, writing of D)
