T7 - Preliminaries to trial in the CC

Question 1

What can the defence do after a case has been sent to the Crown Court to challenge the evidence before trial?

Answer 1

The defence can make an application to dismiss under the Criminal Justice Act.

Question 2

When is an application to dismiss appropriate?

Answer 2

When the defence contends that the evidence in the prosecution case papers is insufficient for a proper conviction.

Question 3

What is the purpose of an application to dismiss?

Answer 3

To prevent weak cases from proceeding to full trial in the Crown Court.

Before the Pre -trial review the judge MUST BE SATISFIED THAT ITS NECESSARY TO ADVANCE THE CASE

Question 4

What must the defence do to make an application to dismiss?

Answer 4

Serve notice of the application

Provide reasons for the application

Question 5

When should an application to dismiss be made?

Answer 5

1. After the prosecution has served the case papers on the defence
2. Before the defendant is arraigned (i.e. enters a plea to the indictment)

RMBR

1) AFT P SERVE CASE PAPERS TO D
2) BEFORE THE D IS ARRAIGNED

Question 6

Who determines the application to dismiss, and how?

Answer 6

The judge decides, either:

At a hearing, or

On the papers (without a hearing)

Question 7

Does dismissal of the case amount to an acquittal?

Answer 7

No, dismissal does not amount to an acquittal.

Question 8

What can the prosecution do if the case is dismissed?

Answer 8

The prosecution can re-charge the defendant and start proceedings again, ideally with stronger evidence.

RMBR IF DISMISSED DOES NOT MEAN ACQUITAL IT SIMPLY MEANS THE P CAN RECHARGE

Question 9

In what types of cases is a PTPH held in the Crown Court?

Answer 9

A PTPH is held in either-way and indictable only cases that have been sent for trial in the Crown Court.

THE PTPH IS FORMAL HEARING IN CC WHERE THE D IS ARRAIGNED AND THE JUDGE MAKE ORDER FOR FUTURE PROGRESS OF CASE

Question 10

What is the purpose of the PTPH?

Answer 10

The defendant is arraigned (i.e., enters their plea), and

The judge makes case management orders for the progress of the case.

Question 11

What is meant by ‘arraignment’?

Answer 11

It is the formal procedure where the indictment is read to the defendant and they enter a plea to each charge. ( RMBR)

Question 12

What is the first step in a typical PTPH?

Answer 12

The court clerk confirms the identity of the defendant by asking them to state their name.

Question 13

Who reads the charges, and how must the plea be entered?

Answer 13

1. The court clerk reads the charges
2. The defendant must personally enter the plea – counsel cannot do it for them

Question 14

What must be true about the defendant before they can enter a plea?

Answer 14

The defendant must be fit to plead.

Question 15

What happens if the defendant pleads not guilty?

Answer 15

a) Prosecution and defence counsel request appropriate case management directions

b) These may include:

1. Deadlines for evidence

2. Trial date and estimated length

3. Witness requirements

4. Special measures (e.g., video link)

Question 16

How are the decisions and directions at the PTPH recorded?

Answer 16

The court uses an online PTPH form to record decisions.

Question 17

What happens after a not guilty plea at the PTPH?

Answer 17

The case is adjourned for trial.

Question 18

What happens if a guilty plea is entered at the PTPH?

Answer 18

The case is usually adjourned for sentencing and preparation of a Pre-Sentence Report (PSR).

THE COURT USE PTPH FORM TO RECORD WHAT DECISON THE MADE (GUITY OR NOT GUILTY PLEA)

Question 19

Dealing with MIXED PLEAS

What are “mixed pleas” in Crown Court proceedings?

Answer 19

Mixed pleas occur when a defendant pleads guilty to some charges on the indictment and not guilty to others.

Question 20

Who decides whether the case proceeds to trial on the not guilty charges?

Answer 20

It is a matter for the prosecution to decide whether to seek a trial on the contested charges.

The prosecution can inform the judge that it will seek a trial on the contested charged then the case will be adjourned for trial

Question 21

What happens if the prosecution wants a trial on the not guilty charges?

Answer 21

The case is adjourned for trial on those charges.

Question 22

What are the two options available if the prosecution decides not to proceed with the contested charges? 1)lie on the file 2) offer no evidences

Answer 22

1. Ask for the charges to “lie on the file” ( used when there is some evidence against the D on the charge/s to which he has pleaded not guilty, but it would not be in public intrest to have a trial on them in light of the guilty pleas entered for the other charges)
2. “Offer no evidence” on the counts to which the D has pleaded not guiklty and request the judge for a formal not guilty verdict under s17 Criminal Justice Act 1967. IF THIS OCCURS THE D IS ACQUITTED ( THIS IS A FINAL DETERMINATION OF THE CASE)

Question 23

What does it mean for charges to “lie on the file”?

Answer 23

1. The charges are not proceeded with unless the Crown Court or Court of Appeal gives leave.
2. The defendant is not acquitted, but the charges will not go further without permission.

Question 24

In what situations is it appropriate for charges to lie on the file?

Answer 24

1. When there is some evidence on the not guilty charges
2. But it’s not in the public interest to proceed with a trial because of guilty pleas on other charges

Question 25

What happens when the prosecution "offers no evidence" on a charge?

Answer 25

1. The judge may give a formal not guilty verdict under s17 CJA 1967 2. This results in an acquittal of the charge(s)

Question 26

When is offering no evidence and obtaining a not guilty verdict more appropriate?

Answer 26

1. When the charges on the indictment are alternatives 2. And the defendant has pleaded guilty to one and not guilty to the other

Question 27

What is the legal effect of a formal not guilty verdict?

Answer 27

It is a final determination The defendant is treated as if acquitted An example might be a defendant who has been charged with s18 wounding with intent and an alternative lesser charge of s20 wounding. At the PTPH he pleads guilty to the s20 offence and not guilty to the more serious s18. Prosecuting counsel is prepared to accept these pleas and, therefore, offers no evidence on the s18 offence. The judge will then enter a verdict of not guilty to the s18 and adjourn the s20 for sentence.

Question 28

What must the court be satisfied of before taking a valid plea from a defendant?

Answer 28

That the defendant is fit to plead.

Question 29

What does it mean to be “fit to plead”?

Answer 29

The defendant must be able to: a) Comprehend the course of proceedings b) Put forward a proper defence c) Challenge a juror if necessary d) Give proper instructions to legal representatives e) Understand the evidence in the trial

Question 30

What is the most common reason a defendant may not be fit to plead?

Answer 30

Mental illness at the time they are due to enter a plea.

Question 31

Who decides whether a defendant is fit to plead?

Answer 31

A judge, based on medical or psychiatric evidence.

Question 32

What happens if the defendant is found to be fit to plead?

Answer 32

He is arraigned in the normal manner, and the trial proceeds as usual.

Question 33

What happens if the defendant is found Not Fit to Plead?

Answer 33

A separate hearing is held before a jury The jury determines whether the defendant did the act or made the omission alleged (i.e. whether he committed the actus reus)

Question 34

What happens if the jury finds that the defendant did not do the act or make the omission?

Answer 34

The defendant is acquitted.

Question 35

What happens if the jury finds that the defendant did the act or omission alleged?

Answer 35

A: The court may make one of three orders: a) A Hospital Order b) A Supervision Order c) An Absolute Discharge

Question 36

What is a hospital order?

Answer 36

An order detaining the defendant in a mental health hospital for treatment.

Question 37

What is a supervision order?

Answer 37

An order placing the defendant under supervision, usually in the community, with conditions.

Question 38

What is an absolute discharge?

Answer 38

The defendant is freed without further action, with no conditions or punishment.

Question 39

After the PTPH, what are the usual next steps for a case in the Crown Court?

Answer 39

Most cases will next be listed for either trial or sentence, depending on the plea entered.

Question 40

Can a case appear in court again before trial or sentence for other reasons?

Answer 40

Yes — cases can be listed at other times on the application of one or both parties.

Question 41

What are these additional pre-trial hearings often called?

Answer 41

They are commonly referred to as “mentions”.

Question 42

What is the purpose of a mention hearing?

Answer 42

To raise issues before trial, such as: 1) Applying for a witness summons 2) Changing the date of the trial 3) Resolving case management issues

Question 43

What is the main pre-trial hearing in the Crown Court?

Answer 43

The Plea and Trial Preparation Hearing (PTPH).

Question 44

When are most pre-trial issues dealt with?

Answer 44

At the PTPH.

Question 45

What may happen in complex or lengthy cases in addition to the PTPH?

Answer 45

The judge can order a further case management hearing, called a pre-trial review or a preparatory hearing.

Question 46

Can a case management hearing be ordered in any Crown Court case?

Answer 46

Yes, if the judge deems it necessary to advance the case to trial.

Question 47

What are pre-trial reviews typically used to address

Answer 47

They are used to deal with difficult points of law or issues of admissibility.

Question 48

When can a judge order a preparatory hearing?

Answer 48

A: If the case is: a) Complex b) Serious c) Or likely to lead to a lengthy trial