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Criminal Practice > Unit 2: Pre-Trial Procedure > Flashcards

Unit 2: Pre-Trial Procedure Flashcards

1
Q

CrimPR Part 8 Rule 8.2(1)(a)?

A

The prosecutor must provide ‘initial details’ of their case to the court as soon as practicable and no later than the beginning of the day of the first hearing, unless requested earlier by the accused.

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2
Q

What is “initial details” of the prosecutions case defined as?

A

If the accused is in custody: summary of the circumstances of the offence, and the accused’s criminal record. If the accused is not in custody: a summary of the circumstances of the event, accused’s account given in interview, any written witness statements, criminal record, victim impact.

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3
Q

Crim PD I, para. 3A.4?

A

The “initial details” of the prosecutions case should provide the court an informed view on plea and venue for trial.

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4
Q

What is the consequence of prosecution not supplying initial details of their case?

A

It would likely result in adjournment being order and a costs sanction.

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5
Q

CrimPR Rule 8.4?

A

The prosecutor will not be permitted to introduce not yet served information unless the court first allows D sufficient time to consider it.

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6
Q

King v Kucharz (1989)?

A

The court cannot dismiss charge(s) brought by Prosecution due to non-compliance with initial details requests.

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7
Q

Preliminary Hearings and Entering Pleas.

A
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8
Q

CJA 2003, s. 51?

A

A court may require or permit a person to participate in eligible criminal proceedings via live link.

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9
Q

What proceedings are eligible for live link attendance?

A

Preliminary hearings, hearings after a guilty plea, and sentencing hearings.

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10
Q

When may a court direct attendance via live link?

A

A party may attend via live link if the court considers it in the interests of justice and all parties have had to opportunity to give representations.

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11
Q

What happens to sentencing when an ambiguous plea is entered?

A

The court mustn’t proceed to sentencing and instead explain relevant law and seek the accused’s genuine plea.

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12
Q

What should happen if a plea cannot be clarified?

A

If a plea cannot or will not answer to their indictment, the court may order a plea of not guilty.

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13
Q

CLA 1967, s. 6(1)(c)?

A

The court has the right to order a plea of not guilty to be entered in ambiguous pleas.

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14
Q

CrimPD I, para. 3A.5?

A

If the accused is charged with an indictable/either way offence, MC should proceed at once to allocation of the case for trial - including sending to CC.

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15
Q

CrimPD I, para. 3A.6?

A

If the accused is charged with a summary offence the magistrates should prepare immediately for trial or sentencing.

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16
Q

When must the first hearing occur for accused on bail?

A

When the accused is on bail, the case must be listed 14 days after charge where a guilty plea is anticipated and 28 days for not-guilty.

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17
Q

CDA 1998, s. 50?

A

Provides for pre-trial proceedings after charge at police station ONLY. initial appearance in MC after arrest, offers and applications for legal aid, followed by remand on custody or bail.

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18
Q

CJA 1998, s. 50(3)(b)?

A

On adjourning the first hearing at MC, the accused may be remanded either on bail or in custody.

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19
Q

CrimPR 3.16?

A

A magistrates court must conduct a preparation for trial hearing unless there is a guilty plea or it is being sent to CC.

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20
Q

In what circumstances might there be multiple pre-trial case management hearings?

A

If the court anticipates a guilty plea; believes another hearing necessary for an effective trial; a hearing is needed to set ground rules for questioning.

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21
Q

CrimPR Rule 3.16?

A

The court must give directions for an effective trial at PTPH and satisfy itself that the accused understands the gravity of the proceedings and their plea.

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22
Q

MCA 1980, s. 8A?

A

A PTPH for summary trials is where hospital orders, evidence and law admissibility and legal aid will be addressed and where appropriate granted.

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23
Q

MCA 1980, s. 8B?

A

Pre-trial rulings are binding up until the case is disposed of - however the court may vary its own rulings when in the interests of justice.

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24
Q

Jones v South East Surrey Local Justice Area [2010]?

A

The court may vary pre-trial rulings when there is a change of circumstances brought to the court’s attention.

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25
Q

What is Leveson’s approach to CrimPR?

A

For not-guilty pleas, parties must from the outset identify disputed issues and supply the court with this info. Proceedings should then be constrained to this “live evidence”

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26
Q

What is live evidence?

A

Live evidence, according to Leveson, is any matter which is disputed between parties and thus the focus of any case.

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27
Q

SA 2020, s. 14?

A

Magistrates can commit the accused to be sentenced in the Crown Court. So there’s no sentencing benefit of choosing summary trials.

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28
Q

What is a benefit of choosing a summary trial?

A

Summary trials are often shorter and cheaper and therefore good if one cannot secure legal aid.

29
Q

What are some benefits of trial on indictment?

A

Submissions on evidence are made without the jury, and defendants are entitled to written statements of witnesses (although often shared at MC too).

30
Q

CPIA 1996, s. 5?

A

Once a case is sent to the CC and prosecution case is served, the accused must give a defence statement to court and prosecution.

31
Q

What is a defence statement?

A

A defence statement is a written statement setting out the nature of defence, matters of fact in issue, particulars intended to be relied upon, and any points of law.

32
Q

CPIA 1996, s.6?

A

In summary trials there’s no obligation to provide a defence statement but they may do so within 14 days after prosecution discloses unused material.

33
Q

CrimPR 24.3(5)?

A

If it convicts / hospital order, the court must “give sufficient reasons to explain its decision”.

34
Q

What constitutes sufficient reasoning for conviction to be explained to D?

A

A few clear straight-forward sentences that explain why D has been found guilty is sufficient.

35
Q

MCA 1980, s. 17A-21?

A

sets out the method of determining allocation (mode of trial) where an adult is charged with an either way offence?

36
Q

What is the allocation procedure for an either way offence?

A

First, a plea before venue to ascertain the intended plea, if this is not guilty then it is a question between trying in MC or CC.

37
Q

How many steps are there in the procedure for plea before venue for adults appearing at MC for an either way offence?

A

There are 5 steps to a plea before venue hearing.

38
Q

What is the first step in a plea before venue hearing?

A

The charge is written down (if not already) and read to the accused.

39
Q

What is the second step in a plea before venue hearing?

A

The court explains that the accused may enter a plea, and to plead guilty might lead to sentencing at MC immediately.

40
Q

What is the third step in a plea before venue hearing?

A

The court asks the accused to indicate whether their plea would be guilty or not guilty.

41
Q

What is one fourth step in a plea before venue hearing?

A

If the accused enters a guilty plea the court proceeds, as if found guilty at summary trial, to sentencing.

42
Q

What is another fourth step in a plea before venue hearing?

A

If the accused indicates a not guilty plea then an allocation mode of trial hearing must take place per MCA 1980, s. 18.

43
Q

What is the statutory authority for Allocation (mode of trial) hearings?

A

MCA 1980, s. 18.

44
Q

How many stages are there in an allocation mode of trial hearing?

A

There are eight stages to go through when allocating a mode of trial for an either way offence.

45
Q

What is the first stage of an allocation mode of trial hearing?

A

P and D can make representations on whether summary or indictable is more suitable, and the prosecution make the court aware of any previous convictions.

46
Q

What is the second stage of an allocation mode of trial hearing?

A
47
Q

What is the third stage of an allocation mode of trial hearing?

A

The court decides whether the offence is suitable for summary or indictment trial considering sentencing, allocation guidelines, and any representations made.

48
Q

What is the fourth stage of an allocation mode of trial hearing?

A

The accused can request to know whether their sentence would be custodial or not but are not required an answer. If the court does answer they must ask if the accused wishes to reconsider their plea.

49
Q

What is the fifth stage of an allocation mode of trial hearing?

A

If the accused indicates a guilty plea after hearing their prospective punishment, magistrates will proceed to sentencing, adjourning where appropriate.

50
Q

What is the sixth stage of an allocation mode of trial hearing?

A

Where the court does not give an indication of sentence or D does not change plea the accused is asked whether they consent to a summary trial.

51
Q

What is the seventh stage of an allocation mode of trial hearing?

A

Depending on whether D consented to a summary trial, the court either proceeds to trial or sends to CC.

52
Q

What is the eighth stage of an allocation mode of trial hearing?

A

If it appears to the court that a trial on indictment is more appropriate, it informs D of this and proceeds to send to CC.

53
Q

What is the only way a summary trial of an either-way offence happens?

A

summary trials of either way offences can only happen with consent of both the court and the accused.

54
Q

What are the exceptions to procedure for allocating mode of trial?

A

The procedure is different for low-value criminal damage and shoplifting.

55
Q

What pre-trial hearings should the accused attend?

A

Generally should be physically present at the plea before venue hearing and allocation hearing unless three circumstances apply.

56
Q

What circumstances must be met for a pre-trial hearing to proceed in absence of the accused?

A

The accused must have representation, the court must believe Ds conduct to make proceedings unpracticable, and the court believes it should proceed in their absence.

57
Q

What are the effects of magistrates indicating a sentence to the accused?

A

Where magistrates indicate sentence and the accused then pleads guilty, no court may impose a custodial sentence unless one was indicated.

58
Q

What is the exception to the binding effect of indication of sentence?

A

Indication of sentence for violent, sexual or terror crimes does not bind courts if it is decided that one or more of the offences must be sent to CC. (i think)

59
Q

MCA 1980, s. 19(3)?

A

Lays out the matters that magistrates must consider when deciding appropriateness of summary vs indictable trial.

60
Q

What is the maximum penalty which magistrates can impose on summary conviction for either way offences?

A

12 months imprisonment and / or an unlimited fine.

61
Q

Horseferry Road MC ex parte K [1997]?

A

Where complicated defences e.g. of insanity are going to be pled, it is more suitable to send the case to CC.

62
Q

What are the two exceptions to the guideline that either way offences should be tried summarily?

A

The guidelines suggest indictment for either way offences when the sentence is likely to exceed MC powers or when there is unusual factual, legal or procedural complexity.

63
Q

CrimPR 9.2(6)(a)?

A

Where there are joint adult accuseds of an either way offence they must be told that if one D is sent to CC for trial so too must the other D.

64
Q

What is the prosecution’s role in allocating mode of trial?

A

If serious fraud or injury to a person with child witnesses they may serve notice to send to CC. If not, they can only make representations on what they think if preferable.

65
Q

What are the scheduled offences that require a consideration of value involved before allocation?

A

damage or destruction of property not by fire, aiding abetting counselling or procuring such offences.

66
Q

What are not offences where the value must be considered before allocating a mode of trial?

A

Memorial damage criminal damage that is achieved by fire or intended or recklessly endangering life need not have their value loss considered.

67
Q

MCA 1980, s. 22(1)?

A

The relevant sum which decides whether a scheduled offence is summary or indictably triable is £5k (replacement or repairs- not consequential losses).

68
Q
A
69
Q
A

Criminal Practice (9 decks)

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