Trial On Indictment Flashcards
What happens if custody limit expires
Must be granted bail
What is the procedure for seeking extension of custody time limit
Court must be satisfied that prosecution have acted with due diligence and expedition and
There is good and sufficient cause for doing so
Can a custody time limit that has been extended be further extended
Yes
How many preliminary hearings should there be in an ideal world
1
What things are addressed in the PTPH form
Order in relation to witnesses eg special measures
Orders as to disclosure
Applications for bad character and hearsay etc
What is tendering a witness
Where you call a witness just so they can be cross examined
How long to object to s9 witness statement
5 business days
Can prosecution still read s9 witness statement even if it was objected to
Only in the interests of justice
What is the Galbraith test
Limb 1 - the evidence is so tenuous that no jury can properly convict
Limb 2- the conviction is so unreliable that the conviction may be unsafe
