Trial Allocation and Disclosure

Question 1

Trial Allocation and Disclosure

What is in the Initial Disclosure of Prosecution Case?

5 things..

Answer 1

1. Summary of circs’ of offence
2. What D said in interview
3. Witness statements & Exhibits
4. Copy of Ds Criminal Record
5. Any available impact statements

Question 2

Trial Allocation and Disclosure

4 Types of plea to Charges…

Answer 2

1. Guilty
2. Not Guilty
3. Ecquivocal plea (plead guilty but you don’t really accept it)
4. No indication (eventually taken as “not-guilty”)

Question 3

Trial Allocation and Disclosure

What does the Magistrates Court take into account at the Allocation Hearing?

Answer 3

1. Submissions by Prosecution & Defence
2. Statutory Factors in s19 MCA 1980
3. Allocation Guidelines (issued by Sentencing Council)

Case then allocated (but D can still elect)

Question 4

Trial Allocation and Disclosure

Allocation Guidelines State that Cases Tried Summarily unless…

2 points…

Answer 4

1. Outcome would clearly be in excess of courts powers
2. Case needs to be tried in CC due to unusual legal, procedural or factual complexity

Question 5

Trial Allocation and Disclosure

What is the Disclsoure Test? (s3 CPIA 1996)

2 parts…

“s3 Disclsoure”

Answer 5

The Prosecution must disclose any Unused Material that might reasonably be considered to…

1. Assist the defence case,
2. Undermine the case of the Prosecution

The duty continues (“s7a Disclosure”)

Initial disclosure in time for the PTPH

Question 6

Trial Allocation and Disclosure

Defence Statement- time limits to issue and where is it mandatory?

Answer 6

Defence must (if in CC) and may (if in MC) serve a Defence Statement within 28 days of the s3 disclosure by the Prosecution