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FLK2 - Criminal Practice > Trial Preparation > Flashcards

Trial Preparation Flashcards

1
Q

when is this relevant?

A
  • Only relevant where D pleads NG
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2
Q

what is set out in CrimPR?

A
  • CrimPR sets out a set of standard case management directions (CMD)
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3
Q

what are the trial preparation steps in the MC?

A
  1. Case Management Hearing
  2. Securing Attendance of W
  3. Expert Evidence
  4. S9 Witness Statements
  5. Documentary Evidence
  6. Defence Witness Obligations
  7. Unused material
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4
Q

re: Magistrates’ Court

what is a case management hearing? what happens at it?

A
  • hearing where directions are given
    o This is usually at the plea hearing but may be at a subsequent hearing
  • Standard directions allow 8 weeks to prepare for trial (14 if expert evidence)
  • Directions recorded in Magistrates’ Court Trial Preparation Form
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5
Q

re: Magistrates’ Court

how is the attendance of Ws secured?

A
  • Solicitor will write to W, if they are reluctant/won’t attend the solicitor should apply for a summons
  • The court will issue a summons if W can give material evidence in the proceedings and it is in the interests of justice for a summons to be issued
  • Solicitor must check any expert’s availability. Expert can be summoned if necessary.
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6
Q

re: Magistrates’ Court

when is expert evidence allowed?

A
  • Allowed for technical matters outside the competence of the court
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7
Q

re: Magistrates’ Court

when should expert evidence be obtained and filed and served?

A
  • Should be obtained asap (but will need LAA approval if funded by RO)
  • Evidence must be served before the trial
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8
Q

re: Magistrates’ Court

when is a s9 statement used?

give an example

A
  • Used in place of W giving oral evidence where evidence is not disputed
  • i.e. treating Dr provides statement of V’s injuries. D accepts V’s injuries but claims self-defence.
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9
Q

re: Magistrates’ Court

what are the s9 statement requirements?

A

o It is signed and dated;
o Includes declaration “This statement (consisting of [1] page signed by me) is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.”
o It is served on all parties before the hearing; and
o None of the parties object within 7 days
* Can only include evidence which would’ve been admissible in oral evidence

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10
Q

re: Magistrates’ Court

what are the requirements for documentary evidence?

A
  • Must be verified by a w/s of the person who prepared/took them
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11
Q

re: Crown Court

explain the position regarding directions

A
  • MC issues standard directions at the 1st hearing (unless there will be a preliminary hearing)
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12
Q

re: Crown Court

when will there be a preliminary hearing?

A

Will only take place for an indictable-only offence where:
o There are case management issues the CC need to resolve;
o The trial is likely to exceed 4 weeks;
o It is desirable to set an early trial date;
o D is under the age of 18; or
o There is likely to be a guilty plea and D could be sentenced at the PH
* Judge will issue directions at the PH

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13
Q

re: Crown Court

when must any PH take place?

A
  • Must take place within 10 business days of the date the MC sent the case

NB: must

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14
Q

re: Crown Court

when should a plea and trial preparation hearing take place?

A
  • Should take place within 20 business days of the date the MC sent the case

NB: should

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15
Q

re: Crown Court

what is the first stage at the PTPH?

A
  • D is arraigned at PTPH (i.e. told of counts and asked for their plea)
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16
Q

re: Crown Court - PTPH

what happens if more evidence has come to light and there is no longer a reasonable prospect of conviction?

A

P will offer no evidence

Judge will order NG verdict and D will be formally discharged.

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17
Q

re: Crown Court - PTPH

when might P offer no evidence?

A

If more evidence has come to light and there is no longer a reasonable prospect of conviction

or

where they have agreed to drop some counts if D pleads G to others

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18
Q

re: Crown Court - PTPH

what happens if P pleads G to some counts and not others?

A
  • If D pleads G to some counts and not others, the jury will not be told about ones D pleaded G to
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19
Q

re: Crown Court - PTPH

what is a Goodyear indication?

A
  • D can ask for a ‘Goodyear indication’ (i.e. an indication of sentence if they were to plea G at this stage). This is binding.
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20
Q

re: Crown Court - PTPH

why might P drop some counts?

A

If D agrees to plead G to others

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21
Q

re: Crown Court - PTPH

if P agrees to drop some counts, what will they do?

A

either:
1. P gives no evidence on the dropped count(s).
 Judge will order NG verdict for the dropped charges.

  1. P will ask the lesser count(s) to ‘lie on the court file’. Common where there are several counts with strong evidence. A NG plea would not be entered.
     P can re-open the case with leave of the court.
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22
Q

re: Crown Court - PTPH

what happens if D pleads NG?

A

CMD & trial date fixed or placed on warned list.

o D will either be released on bail or remanded in custody

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23
Q

re: Crown Court - PTPH

what happens if D pleads G?

A
  • either sentenced immediately or adj. (i.e. report or Newton Hearing)
    o If adj. D will be released on bail or remanded in custody
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24
Q

re: Crown Court - PTPH

what information must parties be able to give the judge for CMD?

A

 Summary of issues & any facts which can be formally admitted
 No. Ws giving oral evidence; dates of availability; any special measures
 Estimated length of trial;
 Whether police interview transcript needs editing;
 If defence statement has been served & if P will serve more evidence
 Disputes about the adequacy of unused material or defence statement;
 If there will be expert evidence and if further directions are needed
 If directions for hearsay/bad character are needed
 Any points of law or admissibility issues likely to be raised at trial

25
Q

re: Crown Court - PTPH

what is the warned list?

A

o list of back-up cases called if another trial doesn’t go ahead
 CC provides a period when the hearing may take place. D’s solicitor will be called the afternoon before it is listed.

26
Q

re: disclosure

what do these principles apply to?

A
  • Applies to CC & MC
27
Q

re: disclosure

what is P’s obligation?

A

Prosecution’s Initial Duty of Disclosure

NB: this is separate to the IDPC

28
Q

re: disclosure

what is the Prosecution’s Initial Duty of Disclosure? Give examples.

A

P must disclose evidence it will rely on at trial + unused material which might reasonably be considered capable of undermining its case/assist D (s3) i.e.:
o Description given by W which does not match D;
o Innocent explanation given by D;
o Material casting doubt on reliability of W or a confession

29
Q

re: disclosure (PIDD)

what is the duty of the investigating officer?

A
  • Investigating officer is under a duty to retain material from the investigation
30
Q

re: disclosure (PIDD)

what does P send to D?

A
  • P will send a list of the non-sensitive unused material in its possession + docs
31
Q

re: disclosure (PIDD)

what type of duty is this?

A
  • This is an ongoing duty. Any further documents identified must be disclosed inc. any unused mater which now satisfies s3 after D’s disclosure
32
Q

re: disclosure (PIDD)

what type of material can be withheld?

A
  • ‘Sensitive’ material can be withheld if protected by public interest immunity
33
Q

re: disclosure (PIDD)

what is the procedure in relation to sensitive material?

A

o P must apply (often ex-parte) to the court who decide if it can be withheld
o The application will be granted if there is a real risk of serious prejudice to an important public interest
o D may ask in the defence statement whether there is a list of sensitive material and if so if P has made an application to the court

34
Q

re: disclosure (PIDD)

give emails of sensitive material

A

o Examples  information relating to national security; identity of police informants/undercover officers; revealing techniques used by the police; child witnesses (i.e. LA social services docs)

35
Q

re: disclosure (PIDD)

what must D do if they think this is incomplete?

A
  • D must request any items they consider missing in the defence statement
  • If P does not comply, D can apply to the court for disclosure of specific items it has reasonable cause to believe P has

o NB: D can only apply if they have provided a defence statement

36
Q

re: disclosure (PIDD)

when can D apply to the court if they think disclosure is incomplete?

A

D can only apply if they have provided a defence statement

37
Q

re: disclosure (D’s)

what is D’s disclosure?

A
  • This is D’s disclosure
38
Q

re: disclosure (D’s)

what is the position re authorisation?

A
  • The statement is deemed to have been authorised by D unless there is contrary evidence.
39
Q

re: disclosure (D’s)

how is this usually drafted?

A
  • D’s solicitor usually drafts and signs the original & D signs a copy kept on file.
40
Q

re: disclosure (D’s)

what must this set out?

A

This must be a written statement which sets out:
o The nature of offence and any defences (and the facts of the defence);
 Name, address, DOB (if known) of any alibi witness
o Matters of fact D takes issue with and why;
o Points of law (inc. admissibility) & legal authority to be raised/relied on

41
Q

re: disclosure (D’s)

what duty is on D?

A

If D prepared a statement, there is an ongoing duty to update statement if necessary (i.e. alibi W comes forward)

42
Q

re: disclosure (D’s)

can the time limits be extended?

A
  • If the case is complex, D can apply for time limits to be extended
43
Q

re: disclosure (D’s)

what may the court order if there is more than 1 D?

A
  • If there is more than 1 D, court may order the statement be served on each D
44
Q

re: disclosure (D’s - MC)

what is D’s obligation?

A
  • No obligation for D to provide a statement (so no inferences can be drawn)
45
Q

re: disclosure (D’s - MC)

why might D give a statement?

A
  • D may give a statement if they think it will result in P producing further unused material (it would need to contain new information P was not aware of)
46
Q

re: disclosure (D’s - MC)

what is the deadline?

A
  • Any statement must be filed and served 14 days after P disclosure
47
Q

re: disclosure (D’s - CC)

what is D’s obligation?

A
  • D must provide a defence statement otherwise inferences can be drawn
48
Q

re: disclosure (D’s - CC)

when can inferences be drawn?

A

o The statement is served late
o The statement is incomplete
o The statement is inconsistent with the defence put forward at trial
o D fails to update the statement
o D has not prepared a statement

49
Q

re: disclosure (D’s - CC)

where there has been a failure, what does this allow?

A
  • Court (and another party with leave of the court) can comment on the failure
  • Court / jury can draw adverse inferences from the failure
50
Q

re: disclosure (D’s - CC)

what is the deadline?

A
  • Must be filed and served 28 days after P disclosure
51
Q

re: disclosure (review of P’s evidence)

when does this happen?

A
  • Only necessary where D has filed a defence statement
52
Q

re: disclosure (review of P’s evidence)

what is this?

A

P must review evidence and check whether, in light of any new information revealed in the defence statement, any material now satisfies s3

As soon as reasonably practicable after service of D’s statement, P must:
o Provide any additional disclosure; or
o Confirm in writing there is nothing further to disclose

53
Q

re: disclosure (review of P’s evidence)

what should P do if they think disclosure is still incomplete?

A
  • If P disclose further information but D still reasonably believes P holds more material, D should apply to the court.
54
Q

what must the defence do in CC & MC?

A
  • D must serve a notice setting out names, address & DOBs of Ws they intend to call
55
Q

re: defence notice

what is the effect of this?

A
  • P can then check whether they have any pre-cons.
    o P could interview as there is no property in a W. Specific COP for interview.
56
Q

re: defence notice

what happens if D fails to serve this?

A
  • If D fails to do this, inferences can be drawn under s11 CPIA 1996
57
Q

re: defence notice

what is the position regarding w/s of Ws it intends to call?

A
  • D does not need to serve w/s of those they intend to call (not inc. expert w/s)
58
Q

give an overview of the MC process

A
  1. IDPC served before 1st hearing
  2. D pleads NG at 1st hearing  MC give direction for disclosure of P’s case
  3. Service of P’s initial disclosure  MC will give a direction for date of service
  4. Any defence statement must be filed within 14 days of P disclosure
  5. As soon as reasonably practicable P disclosure / confirms nothing else
  6. D’s witness notice must be served within 14 days of P disclosure
59
Q

give an overview of the CC process

A
  1. IDPC served before 1st hearing
  2. Case is sent to CC. P must serve evidence on which it relies within:
    * 50 days if D in custody & 70 days if bailed
  3. Service of P’s initial disclosure  as soon as reasonably practicable after service of evidence upon which it relies
  4. Defence statement must be filed within 28 days of P disclosure
  5. As soon as reasonably practicable P disclosure / confirms nothing else
  6. D’s witness notice must be served within 28 days of P disclosure

FLK2 - Criminal Practice (11 decks)

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