Topic 6- Preliminaries to Crown Court Trials

Question 1

What happens when an accused is found unfit to plead?

Answer 1

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

Question 2

What happens when an accused is found fit to plead?

Answer 2

The accused is arraigned the usual way and will plead to the indictment

Question 3

What is the arraignment?

Answer 3

Consists of the clerk reading the indictment and asking whether the accused pleads guilty or not guilty to the counts

Question 4

Will the jury hear the arraignment?

Answer 4

No, they will usually be excluded from hearing the pleas

Question 5

What happens if there are several counts on the indictment during arraignment?

Answer 5

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

Question 6

Can the accused plead not guilty as charged, but guilty of a lesser offence?

Answer 6

Yes

Question 7

What happens if an accused stays wilfully silent when arraigned?

Answer 7

The court should enter a plea of not guilty

Question 8

What is the burden of the prosecution once an accused pleads guilty?

Answer 8

The prosecution must satisfy the jury beyond reasonable doubt that the accused committed the actus reps and had the mens rea

Question 9

Can an accused’s counsel enter a plea of guilty?

Answer 9

No, the guilty plea must come from the accused personally

Question 10

What happens once an accused has pleaded guilty?

Answer 10

The prosecution are related from their obligation to prove the case

The court may then proceed to sentencing, or adjourn for sentencing

Question 11

What happens if an accused enters mixed pleas on a multi-count indictment?

Answer 11

Sentencing for the guilty counts will be postponed until after the accused has been tried for the not-guilty counts

Question 12

What happens where an accused pleads not guilty as charged but guilty of a less offence?

Answer 12

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

Question 13

Apart from proceeding to trial, what other options are there where an accused pleads not guilty?

Answer 13

Offer no evidence

Let the counts lie on file

Question 14

What happens where the prosecution offer no evidence?

Answer 14

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

Question 15

What happens where the prosecution state they will let the counts lie on file?

Answer 15

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

Question 16

Can an accused change their plea from not guilty to guilty?

Answer 16

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

Question 17

Can an accused change their plea from guilty to not guilty?

Answer 17

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

Question 18

What is a Plea and Trial Preparation Hearing (PTPH)?

Answer 18

This a pre-trial Crown Court hearing, with the objective being to ensure all necessary preparation has been made before trial

Question 19

What must be told to the accused in a PTPH?

Answer 19

That a guilty plea will be credited, what the accused’s plea is

Question 20

What are the orders made for case preparation in a PTPH?

Answer 20

Orders for witnesses and witness summons

Disclosure orders

Legal issue applications (hearsay)

Question 21

What is an application for dismissal?

Answer 21

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

Question 22

What is the procedure for applying for dismissal?

Answer 22

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

Question 23

What is the test for the court determining whether to dismiss a case?

Answer 23

The judge must take all the evidence against the accused into account