W5 Case Management, Pre-Trial Hearings ... Flashcards
You can ensure witnesses attend court to give oral evidence - by doing what?
Obtaining a witness summons from magistrates court (info contained in Part 17 of the CrimPR. Solicitor must write to court requesting this.
What must D do regarding the witness they intend to call to give evidence?
Must serve a notice to CPS with the names, addresses and dates of birth of any witnesses they intend to call to give evidence.
When expert witnesses are being used, what must D do?
Submit copy of their report to CPS before trial. This evidence must be obtained as soon as possible. Additionally, check that expert witnesses are available to attend court on that day.
Do all witnesses need to be present at the hearing? And if no, what will you need for the written statement to be admissible?
Not all witnesses are needed.
For a written statement to be admissible, ensure that:
(a) it is signed and dated;
(b) it contains the following 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.
(c) a copy has been served before the hearing on the other parties in the case; and
(d) none of the other parties has objected within seven days.
Stuff in the written statement must only be that which would have been mentioned at trial.
What to do about any photographic evidence before it can be submitted to court?
Should be verified by a witness statement from the person who prepared the plan or took the photographs.
What is the IDPC and unused material?
IDPC = initial details of the prosecution case. Which is basically this is any evidence obtained subsequent to the crime that will be used by the prosecution.
Unused material = evidence not used by prosecution but the CPS has in possession.
What are the case efficiency rules set out by Transforming Summary Justice (TSJ)?
They generally require early and effective case preparation; disclosure of any unused material; that the parties have clear expectations of effectiveness at first hearing and the parties’ expectation that the trial hearing will be effective.
What is PTPH?
plea and trial preparation hearing
What happens when the offence is triable only on indictment?
Court must send them to the Crown Court!!!!
When magistrates have decided that D has been charged with an offence triable only on indictment, what will they do?
Obviously, this case goes to the Crown Court. Crim PR has all the standard case management directions that the magistrates’ court will issue when a case is sent to trial to the CC.
The magistrates will:
(1) They will set a date for the PTPH at the Crown Court
(2) Remand D on bail or in custody to appear at the Crown Court.
(3) Give a set of standard case management directions for the CPS and the defendant’s solicitor with which they must comply prior to the PTPH taking place.
(4) Give the defendant a notice specifying the offence(s) for which they have been sent for trial and the Crown Court at which they are to be tried.
If someone is sent to trial for an either-way offence, can they also be charged for another offence that is summary-only?
Yes. Same goes with an offence triable only on indictment. Since the summary crime is in connection with an offence that is triable only on indictment. Sentencing powers for summary offences in the CC: Crown Court will be limited to what the magistrates sentencing powers are.
What will magistrates consider alongside creating a PTPH date in the CC?
Whether a preliminary hearing is needed in the CC. This will take place for an offence triable only on indictment if (a) the case is a tricky one both organisationally and otherwise (b) if the trail will take longer than 4 weeks (c) D is aged under 18 yrs (e) there is likely to be a guilty plea by D and so a premliniary hearing is all that is necessary
When must a premlinary hearing take place after magistrates have sent the case to CC?
After 10 business days.
What is the purpose of the PTPH?
The first hearing in the CC.
Enables D to enter their plea - enables the judge to give any further case management directions for the CPS.
When should the PTPH take place?
Within 20 days after having the case sent to CC.
Each count = one offence the CPS will put forward against D. What happens if the CPS can get D to plead guilty to some offences, in return for freedom from other offences?
This will work. And the CPS will not offer any evidence of those offences it agreed not to push for D.
What happens when defendant is prepared to plead guilty to the more serious counts?
The CPS may agree to lesser counts being left on the file. In such a case a not
guilty verdict will not be entered and (in theory) with the leave of the court the CPS may be allowed to re-open the case at a later date.
What is a Newton Hearing?
When D pleads guilty but disputes the factual allegations being relied on by prosecution witnesses.
If case is adjourned, the defendant will either be released on bail or remanded in custody pending either the sentencing hearing or the Newton hearing.
Can a judge reveal an advance indication (of how the case may end) at the PTPH to D?
Yes. This is called a Goodyear indication.
If D pleads not guilty at the PTPH, what happens?
The judge will consider if any further directions are needed to prepare the case for trial (over and above those given by the magistrates court). The judge will require a lot of info about the case, any complicated areas that may arise etc.
Judge fixes a date and if unable to fix a date, the case will be placed in the ‘warned list’
Whats a ‘warned list’?
The warned list is a list of cases
awaiting trial that have not been given a fixed date for the trial to start. If a case is placed in the warned list, the Crown Court will contact the defendant’s solicitor to let them know that the case has been listed for trial shortly before the date when the trial is due to start.
What happens at the end of every PTPH?
The defendant will either be released on bail, or remanded in custody pending his trial.
Once D enters a not guilty plea at the PTPH, can they change this plea and say theyre actually guilty at any time before jury returns their verdict?
Yes, but at the discretion of the judge.
A defendant may also change their plea to guilty during the trial if the judge makes a ruling on a point of law or the admissibility of a piece of evidence which deprives the defendant of a defence on which they wanted to rely
Duty of disclosure - does it only apply to the evidence the CPS wishes to rely on or does it also apply to unused evidence?
It only applies to the evidence the CPS wishes to rely on.
However, if D pleads not guilty etc, if s3 of the CPIA 1996 is satisfied, then the unused evidence must also be disclosed.
What is s3 of CPIA 1996
When the CPS has unused evidence that might reasonably be considered as capable of undermining the case for the prosecution… or of assisting the case of the accused - whether or not it benefits D or not, they must disclose this information.
Is the duty of disclosure ongoing for CPS?
Yes.
What can D’s solicitor do if they sense that the evidence disclosure made by CPS is incomplete?
Can make a request for disclosure of ‘missing’ items when drafting the defence statement. If this doesn’t work, solicitor can apply to court to request the specific disclosure.
On what ground could CPS withold evidence that should be disclosed as per s3 CPIA 1996?
The CPS can withhold the material only if it is protected by ‘public interest immunity’. It
is the decision of the court as to whether disclosure can be avoided on the grounds of public interest immunity.
In what order should disclosure take place?
First the CPS must make the initial disclosure of unused material, then the onus switches to the defendant’s solicitor.
Within what time frame should the defence submit a defence statement (if D wishes to, when D enters a guilty plea)?
Within 10 days after the CPS makes their initial disclosure.
Its 20 days in the CC.
In what court must D make a ‘compulsory disclosure’?
This obligation applies only to a defendant facing a trial in the Crown Court - if this is not done, CC will draw adverse inferences.
What should a defence statement be?
It is a written statement - sets out the nature of the defence, the facts that it relates to and why it does not agree with prosecution’s allegations, indicates relevant points of law and witness info.
It also needs to be approved by D.
Should be served in time and not late - otherwise adverse inferences will be drawn.
Failing to provide a defence statement at all = adverse inferences will be drawn.
Serving an incorrect/ inconsistent/ incomplete defence statement = adverse inferences can be drawn.
