Topic 6- Preliminaries to Crown Court Trials Flashcards
What happens when an accused is found unfit to plead?
The jury must determine whether the accused did the act as charged
The court may then make an order-
- A hospital order
- A supervision order
- Order for the accused’s absolute discharge
What happens when an accused is found fit to plead?
The accused is arraigned the usual way and will plead to the indictment
What is the arraignment?
Consists of the clerk reading the indictment and asking whether the accused pleads guilty or not guilty to the counts
Will the jury hear the arraignment?
No, they will usually be excluded from hearing the pleas
What happens if there are several counts on the indictment during arraignment?
The pleas will be heard separately
However, if two counts are in the alternative and the accused pleads guilty to one, it is unnecessary to take a plea for the second
Can the accused plead not guilty as charged, but guilty of a lesser offence?
Yes
What happens if an accused stays wilfully silent when arraigned?
The court should enter a plea of not guilty
What is the burden of the prosecution once an accused pleads guilty?
The prosecution must satisfy the jury beyond reasonable doubt that the accused committed the actus reps and had the mens rea
Can an accused’s counsel enter a plea of guilty?
No, the guilty plea must come from the accused personally
What happens once an accused has pleaded guilty?
The prosecution are related from their obligation to prove the case
The court may then proceed to sentencing, or adjourn for sentencing
What happens if an accused enters mixed pleas on a multi-count indictment?
Sentencing for the guilty counts will be postponed until after the accused has been tried for the not-guilty counts
What happens where an accused pleads not guilty as charged but guilty of a less offence?
If the plea is accepted, the accused is treated as having been acquitted of the offence actually charged, and the court proceeds to sentencing of the lesser offence
However, it is in the judge’s discretion as to whether he will allow the plea
Apart from proceeding to trial, what other options are there where an accused pleads not guilty?
Offer no evidence
Let the counts lie on file
What happens where the prosecution offer no evidence?
If an accused pleads not guilty, and the pros offers no evidence, then they cannot ask a jury to convict
Therefore, the accused will be acquitted
What happens where the prosecution state they will let the counts lie on file?
If an accused pleads not guilty, and the pros state they will let the counts lie on file, this means they will not proceed with the case, but the counts will lie on file
The prosecution can then only re-open the case by leave of the court or Court of Appeal
Can an accused change their plea from not guilty to guilty?
Yes, they can change their plea from not guilty to guilty at any stage prior to the jury returning their verdict
The indictment will be put to the accused again, in which they state not guilty
Can an accused change their plea from guilty to not guilty?
The judge has a discretion to allow the accused to withdraw their guilty plea at any stage before sentence is passed
This discretion must be exercised judicially
What is a Plea and Trial Preparation Hearing (PTPH)?
This a pre-trial Crown Court hearing, with the objective being to ensure all necessary preparation has been made before trial
What must be told to the accused in a PTPH?
That a guilty plea will be credited, what the accused’s plea is
What are the orders made for case preparation in a PTPH?
Orders for witnesses and witness summons
Disclosure orders
Legal issue applications (hearsay)
What is an application for dismissal?
Where the accused applies orally or in writing to the Crown Court for charges to be dismissed
This is only if they argue the evidence is insufficient to convict
What is the procedure for applying for dismissal?
The accused must give notice of intention for applying for dismissal
The application must then explain why the prosecution evidence would not be sufficient to properly convict
What is the test for the court determining whether to dismiss a case?
The judge must take all the evidence against the accused into account
If an accused charged with murder has been found unfit to stand trial, what will the court order?
As they are charged with murder, they will make a hospital order without time restriction
If an accused enters mixed pleas on a multi-count indictment, and the prosecution do not accept the pleas, what will the court do?
They will adjourn the case for the not-guilty counts, and then proceed to sentence of the other counts after trial
What happens if an accused pleads guilty to a lesser offence, but not guilty as charged?
The accused will only be sentenced for the guilty count if found not guilty on the other count
