Time limits Flashcards
What is the time limit for disclosure
As soon as reasonably practicable
What is the time limit for defence statement disclosure at the MC?
within 14 days of P’s compliance (or purported compliance)
What is the time limit for defence statement disclosure at the CC?
Within 28 days of P’s compliance (or purported compliance)
What is the time limit for specific disclosure?
After initial disclosure of unused P material and After D serves DS
What is the time limit for notice of intention to call a witness?
MC= 14 days from date of P complies or purports to comply with to disclose CC= 28 days
Can defence statement disclosure time limit be extended?
Yes for both MC AND CC must be made within the time limit
When may the draft indictment be served on the D for CC trial and for voluntary bill of indictment?
not more than 20 business days:
After copies of docs served (after service of P evidence)
After HC judge consented to the preferment of a voluntary bill of indictment
What if the P want to include counts on the indictment which differ from or are additional to the counts?
The indictment must be served at least 7 days before the PTPH which takes place within 28 days of the case being sent to the CC
What if P want to re-institute proceedings?
P must serve draft indictment on CC officer not more than 3 months after proceedings were stayed
CA has ordered a re-trial?
The P must serve draft indictment on the CC officer not more than 28 days after that order
Can the time limit be extended for an indictment?
Yes it may be extended even after the time limit has expired
Can an indictment be amended?
Yes at any time before or after arraignment provided it does not cause injustice to D. Even after the jury have retired to consider their verdict
How long do the defence have to give notice of a Goodyear indication in cases of complexity?
At least 7 days written notice of intention to seek indication to P & the court
When do you have to serve notice to appeal from the MC to CC?
Within 15 days from the date of sentence
Can you apply for an extension of time when appealing from the MC to CC?
Yes- application for an extension of time must be served with the appeal notice and must explain why the appeal notice is late
How long do you have if you appeal from the MC to CC and want to introduce bad character and hearsay?
No more than 14 days after service of the appeal notice
When appealing from the MC to the CC can the CC shorten/extend any time limit even after it has expired?
Yes
Who hears the appeal at the CC?
Circuit judge or recorder and 2 lay magistrates (not involved in original proceedings)
How many judges deal with appeal by way of case stated?
At least 2 usually 3
How long to vary sentence at CC?
Within 56 days of sentence being passed
What does the P need to if it wants to appeal to the court of appeal?
Needs to inform the court that it intends to appeal or request an adjournment
In the event that the P ask for an adjournment to consider whether to appeal, how long is it for?
Until next business day but may be longer if in interests of justice
What must the P do if they have decided they want to appeal?
They must either serve notice of appeal on the court, the Registrar and accused (by next day if appeal is expedited or not later than 5 BUSINESS days after telling judge decision to appeal)
How long do the defence have to appeal to the Court of appeal?
Not more than 28 days from decision of either conviction or sentence
Who should the notice of appeal be given to ? (Court of appeal)
Applicant needs to serve form NG, signed grounds of appeal and all relevant forms directly on Registrar
How long does the applicant have to vary or perfect grounds of appeal?
14 days after transcript sent to counsel
How long does the Applicant have if they want to renew their application to appeal if it has been rejected?
14 days of receipt of refusal to notify his intention to renew application
How many judges hear an application to renew?
Usually 3 judges
How long does the appellant have to serve a skeleton argument?
no later than 21 days before hearing date
How long does the respondent have to serve their skeleton argument?
Serve no later than 14 days before hearing date
How many judges for an appeal against conviction?
At least 3 judges
How many judges hear an appeal against sentence?
2 judges
What is the test for appeal against conviction?
Whether the conviction is unsafe
Conviction was unsafe or judgement of court of trial should be set aside because of an error of law or material irregularity in the course of the trial
Should the parties serve a skeleton argument on appeal against conviction?
Yes if appeal notice does not sufficiently outline the grounds especially for complex point of law
Should the parties serve a skeleton argument for appeals against sentencing?
May be served if complex issues raised
What if judge grants leave on particular grounds without deciding issues of leave for others?
Appellant free to argue other grounds @ substantive hearing of appeal
What if judge grants leave on 1 ground but refuses to leave on others?
Appellant needs to renew application for leave in relation to other grounds before the court
What is the test for appeal against sentence at the CC?
Whether sentence passed by MC was correct
What are the Court of appeal options for a successful appeal against conviction?
Quash conviction and
Either
Order court of trial to enter verdict of NG against D OR
Order retrial of successful D if interests of justice so require
What factors do the court consider in deciding whether or not to order a re-trial?
Length of time which has elapsed between appellant’s original conviction and successful appeal
Extent to which any fresh evidence received undermines strength of case against the appellant
What if the appeal against conviction is partially successful?
They would substitute the verdict of G for an alternative offence if:
1) Jury would have been able to convict of the alternative offence @ trial AND
2) Jury must have been satisfied of facts which proved him G of the offence
How long to appeal to the court of appeal to the supreme court?
No more than 28 days after decision or the date which gives reason for its decision, whichever is later
Which hearsay gateways require notice?
s114 (1) (d)
s 116
s 117 (doc prepared in contemplation of crim proceedings)
s 121
Can the court dispense with hearsay notice?
Yes
What must the hearsay notice contain?
Identify the hearsay evidence
Set out facts relied on that make evidence admissible
Explain how those facts will be proved if they are disputed
Explain why evidence is admissible
Hearsay evidence must be attached to the notice if not already served
By when must the P serve notice to admit hearsay?
20 business days after a NG plea in MC
10 business days after a NG plea in CC
By when must the D serve notice for hearsay?
As soon as reasonably practicable
By when must a party who opposes hearsay evidence do this by?
As soon as reasonably practicable
and in any event- not more than 10 business days after either of the following (which happens last)
Service of the notice to introduce the evidence
Service of the evidence objected to OR
The D pleads NG
What do you do if you want an extension of time for admitting hearsay evidence?
Apply when serving the application or notice for which it is needed and
Explain the delay
If a P want to introduce bad character how long do they have?
In MC= no more than 20 business days after D pleads NG
In CC= not more than 10 business days after D pleads NG
If a Co-D wants to introduce bad character by when?
As soon as,
In any event= not more than 10 business days after P discloses material on which notice is based
If a D wants to introduce their own bad character- by when?
As soon as reasonably practicable
In any event- before evidence is introduced either by D or in reply to Q asked by D of another party’s W
Can give in writing or orally
How long do parties have to object to Bad character?
Not more than 10 days after service of the notice
Should a bad character application be made orally?
Yes- ideally before jury is sworn or at half time
Can the court determine the bad character application in the absence of the parties?
No party who served notice must be present or had a reasonable opportunity to respond
What is the procedure for a party who wants an extension of time?
Must apply when serving application or notice and explain the delay
When should notice to introduce a non-D bad character occur?
As soon as reasonably practicable
Not more than 10 business days after P discloses material
In relation to a non-D what is the court power to determine an application of a non-D bad character?
Must not determine an application unless each party is present OR has had at least 10 business days in which to serve a notice of objection
Time limit for serving application if you want to vary conditions of bail?
Not less than 2 business days before hearing application
When should a bail hearing to vary conditions be?
Should take place no later than 5th business day after application served
What is the punishment for criminal damage under 5k?
3 months imprisonment
fine= £2,500
What is the punishment for over £5k?
6 months imprisonment or unlimited fine
What should a disclosure management document contain?
Should be tailored to the individual case and kept up to date as the case progresses
Explanation as to how disclosure responsibilities have been managed
Summary of P case
P understanding of defence case
Statement outlining how the P approach will comply with the CPIA 1996 regime
Can an indictment time limit be extended?
Yes it may even after its expired
What is the test for determining whether voluntary bill of indictment should occur?
Good reason to depart from normal procedure
Interests of justice require it
Test for ordering separate trials?
D may be prejudiced or embarrassed
Any other reason it is desirable that D should be tried seperately
In a case where the D has been sent to the CC how long do the P have to serve initial details of the P case?
7 days before the PTPH
What is the test for granting an extension of custody time limit?
Court must be satisfied that:
There was good and sufficient cause and
The Prosecution acted with all due diligence and expedition
When making a bail application in the CC how long does the D have to serve notice?
As soon as reasonably practicable
When should the P oppose a bail application at the CC?
Notify CC and accused at once
When should the bail application hearing at the CC be heard?
No later than 24hrs after notice served
