Trial Preparation Flashcards
when is this relevant?
- Only relevant where D pleads NG
what is set out in CrimPR?
- CrimPR sets out a set of standard case management directions (CMD)
what are the trial preparation steps in the MC?
- Case Management Hearing
- Securing Attendance of W
- Expert Evidence
- S9 Witness Statements
- Documentary Evidence
- Defence Witness Obligations
- Unused material
re: Magistrates’ Court
what is a case management hearing? what happens at it?
- 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
re: Magistrates’ Court
how is the attendance of Ws secured?
- 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.
re: Magistrates’ Court
when is expert evidence allowed?
- Allowed for technical matters outside the competence of the court
re: Magistrates’ Court
when should expert evidence be obtained and filed and served?
- Should be obtained asap (but will need LAA approval if funded by RO)
- Evidence must be served before the trial
re: Magistrates’ Court
when is a s9 statement used?
give an example
- 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.
re: Magistrates’ Court
what are the s9 statement requirements?
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
re: Magistrates’ Court
what are the requirements for documentary evidence?
- Must be verified by a w/s of the person who prepared/took them
re: Crown Court
explain the position regarding directions
- MC issues standard directions at the 1st hearing (unless there will be a preliminary hearing)
re: Crown Court
when will there be a preliminary hearing?
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
re: Crown Court
when must any PH take place?
- Must take place within 10 business days of the date the MC sent the case
NB: must
re: Crown Court
when should a plea and trial preparation hearing take place?
- Should take place within 20 business days of the date the MC sent the case
NB: should
re: Crown Court
what is the first stage at the PTPH?
- D is arraigned at PTPH (i.e. told of counts and asked for their plea)
re: Crown Court - PTPH
what happens if more evidence has come to light and there is no longer a reasonable prospect of conviction?
P will offer no evidence
Judge will order NG verdict and D will be formally discharged.
re: Crown Court - PTPH
when might P offer no evidence?
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
re: Crown Court - PTPH
what happens if P pleads G to some counts and not others?
- If D pleads G to some counts and not others, the jury will not be told about ones D pleaded G to
re: Crown Court - PTPH
what is a Goodyear indication?
- 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.
re: Crown Court - PTPH
why might P drop some counts?
If D agrees to plead G to others
re: Crown Court - PTPH
if P agrees to drop some counts, what will they do?
either:
1. P gives no evidence on the dropped count(s).
Judge will order NG verdict for the dropped charges.
- 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.
re: Crown Court - PTPH
what happens if D pleads NG?
CMD & trial date fixed or placed on warned list.
o D will either be released on bail or remanded in custody
re: Crown Court - PTPH
what happens if D pleads G?
- either sentenced immediately or adj. (i.e. report or Newton Hearing)
o If adj. D will be released on bail or remanded in custody
re: Crown Court - PTPH
what information must parties be able to give the judge for CMD?
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
re: Crown Court - PTPH
what is the warned list?
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.
re: disclosure
what do these principles apply to?
- Applies to CC & MC
re: disclosure
what is P’s obligation?
Prosecution’s Initial Duty of Disclosure
NB: this is separate to the IDPC
re: disclosure
what is the Prosecution’s Initial Duty of Disclosure? Give examples.
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
re: disclosure (PIDD)
what is the duty of the investigating officer?
- Investigating officer is under a duty to retain material from the investigation
re: disclosure (PIDD)
what does P send to D?
- P will send a list of the non-sensitive unused material in its possession + docs
re: disclosure (PIDD)
what type of duty is this?
- This is an ongoing duty. Any further documents identified must be disclosed inc. any unused mater which now satisfies s3 after D’s disclosure
re: disclosure (PIDD)
what type of material can be withheld?
- ‘Sensitive’ material can be withheld if protected by public interest immunity
re: disclosure (PIDD)
what is the procedure in relation to sensitive material?
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
re: disclosure (PIDD)
give emails of sensitive material
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)
re: disclosure (PIDD)
what must D do if they think this is incomplete?
- 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
re: disclosure (PIDD)
when can D apply to the court if they think disclosure is incomplete?
D can only apply if they have provided a defence statement
re: disclosure (D’s)
what is D’s disclosure?
- This is D’s disclosure
re: disclosure (D’s)
what is the position re authorisation?
- The statement is deemed to have been authorised by D unless there is contrary evidence.
re: disclosure (D’s)
how is this usually drafted?
- D’s solicitor usually drafts and signs the original & D signs a copy kept on file.
re: disclosure (D’s)
what must this set out?
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
re: disclosure (D’s)
what duty is on D?
If D prepared a statement, there is an ongoing duty to update statement if necessary (i.e. alibi W comes forward)
re: disclosure (D’s)
can the time limits be extended?
- If the case is complex, D can apply for time limits to be extended
re: disclosure (D’s)
what may the court order if there is more than 1 D?
- If there is more than 1 D, court may order the statement be served on each D
re: disclosure (D’s - MC)
what is D’s obligation?
- No obligation for D to provide a statement (so no inferences can be drawn)
re: disclosure (D’s - MC)
why might D give a statement?
- 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)
re: disclosure (D’s - MC)
what is the deadline?
- Any statement must be filed and served 14 days after P disclosure
re: disclosure (D’s - CC)
what is D’s obligation?
- D must provide a defence statement otherwise inferences can be drawn
re: disclosure (D’s - CC)
when can inferences be drawn?
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
re: disclosure (D’s - CC)
where there has been a failure, what does this allow?
- Court (and another party with leave of the court) can comment on the failure
- Court / jury can draw adverse inferences from the failure
re: disclosure (D’s - CC)
what is the deadline?
- Must be filed and served 28 days after P disclosure
re: disclosure (review of P’s evidence)
when does this happen?
- Only necessary where D has filed a defence statement
re: disclosure (review of P’s evidence)
what is this?
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
re: disclosure (review of P’s evidence)
what should P do if they think disclosure is still incomplete?
- If P disclose further information but D still reasonably believes P holds more material, D should apply to the court.
what must the defence do in CC & MC?
- D must serve a notice setting out names, address & DOBs of Ws they intend to call
re: defence notice
what is the effect of this?
- 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.
re: defence notice
what happens if D fails to serve this?
- If D fails to do this, inferences can be drawn under s11 CPIA 1996
re: defence notice
what is the position regarding w/s of Ws it intends to call?
- D does not need to serve w/s of those they intend to call (not inc. expert w/s)
give an overview of the MC process
- IDPC served before 1st hearing
- D pleads NG at 1st hearing MC give direction for disclosure of P’s case
- Service of P’s initial disclosure MC will give a direction for date of service
- Any defence statement must be filed within 14 days of P disclosure
- As soon as reasonably practicable P disclosure / confirms nothing else
- D’s witness notice must be served within 14 days of P disclosure
give an overview of the CC process
- IDPC served before 1st hearing
- Case is sent to CC. P must serve evidence on which it relies within:
* 50 days if D in custody & 70 days if bailed - Service of P’s initial disclosure as soon as reasonably practicable after service of evidence upon which it relies
- Defence statement must be filed within 28 days of P disclosure
- As soon as reasonably practicable P disclosure / confirms nothing else
- D’s witness notice must be served within 28 days of P disclosure
