Week 4- Pre-trial hearings and confessions

Question 1

When is the deadline for setting a PTPH in CC?

Answer 1

There must be a PTPH before CC trial, within 28 days from the case being sent to CC

Question 2

When is the deadline for service of evidence in the CC?

Answer 2

• 50 days (if D is in custody); or
• 70 days (if D is on bail)

of the date on which D has been sent for trial in the Crown Court.

Question 3

What does a plea and trial prep hearing (PTPH) consist of?

Answer 3

2 parts:
1) D’s plea
2) Sentence or trial preparation matters: If D pleads not guilty to any of the counts, the court proceeds to the ‘trial preparation’ of the hearing.

NB: Prosecution discretion in where to go if D enters guilty plea for one count and not guilty to other(s)

Question 4

Define arraignment

Answer 4

At the plea stage, the indictment is put to D and they enter a plea of guilty or not guilty to each count on the indictment.

Question 5

A judge finds D unfit to plead - what happens next?

Answer 5

No plea is taken, court holds trial to decide whether D committed the AR of the offence. D can only receive the following 3 consequences:
o an absolute discharge
o supervision order; or
o a hospital order.

Question 6

How would you describe the prosecution’s obligation of full and proper disclosure?

Answer 6

The prosecution must disclose all material it has, whether or not they seek to rely on that material at trial

Question 7

What are the disclosure obligations on the prosecution at the investigation stage?

Answer 7

All material (including information) which may be relevant to the investigation must be recorded in a durable or retrievable form and retained.

Egs of material: Interviews, exhibits, witness statements

Question 8

Who is responsible for discharging the disclosure duties during the investigating stage?

Answer 8

The Officer in charge of the investigation

Question 9

How long must the police hold material gathered pursuant to their duty during the investigation stage?

Answer 9

Until proceedings are commenced- if not commenced then duty discharged.
If proceedings are commenced, all material must be retained until D is acquitted or convicted, or the prosecutor decides not to continue with the case.
Where D is convicted, the material must be retained at least until D is released from custody (or discharged from hospital) or, in cases which did not result in a custodial sentence or a hospital order, until 6 months from the date of conviction.

Question 10

Define the initial duty of disclosure on the prosecution under s3 CPIA 1996

Answer 10

Relates to unused material: Where there is in existence prosecution material which might help the defence, then it should be disclosed to D.

Question 11

In deciding whether or not material should be disclosed to D under s3 CPIA, list some things the prosecution should take into account

Answer 11

(a) the use that might be made of the material in cross-examination;

(b) its capacity to support submissions that could lead to:
(i) the exclusion of evidence;
(ii) a stay of proceedings as an abuse of process, where the material is required to allow a proper application to be made;
(iii) a court or tribunal finding that any public authority had acted incompatibly with the accused’s rights under the ECHR.

(c) its capacity to suggest an explanation or partial explanation of the accused’s actions;
(d) the capacity of the material to have a bearing on scientific or medical evidence in the case

Question 12

When is the latest the prosecution can serve initial details (i.e. used material) of its case on D?

Answer 12

The beginning of the day of the first hearing (CrimPR Part 8).

Question 13

When does the initial duty of disclosure (i.e. disclosure of unused material) arise?

Answer 13

MC: When D pleads not guilty and the case is adjourned for summary trial; CC: When D is sent for trial or where a Voluntary Bill of Indictment has been preferred against D (s.1 CPIA).

Question 14

What does the prosecution need to do at or before the PTPH?

Answer 14

Details of its case against D, including sufficient information to allow D and the court at this first hearing to take an informed view:
o on plea;
o on venue for trial (for either-way offences);
o for the purposes of case management;
o for the purposes of sentencing (including committal for sentence for either-way offences).

Question 15

Define the prosecution’s continuing duty of disclosure

Answer 15

Prosecution must keep under review whether there is any material that should be disclosed, even after it has carried out a review following service of the defence statement. The duty lasts until D is convicted, acquitted or the prosecutor decides not to proceed with the case.

Question 16

What is the job of the disclosure officer?

Answer 16

Responsible for examining material retained and revealing material to the prosecutor and to the defence at the prosecutor’s request.

Question 17

What are the consequences for the prosecution failing to discharge its disclosure duties?

Answer 17

• Defence application to stay on indictment due to abuse of process
• Conviction quashed on appeal as unsafe
• Wasted costs order
• Exclusion of evidence

Question 18

Speak to the parallel between the CrimPR and the CivPR as to emphasis on collaboration between the two sides of the case

Answer 18

Making formal application to penalise prosecution for breach of disclosure obligations is like a last resort: Prior to making any such formal application the defence should write to the prosecution specifying the material which they seek and make a formal application for specific disclosure. Particularly in large and complex cases, legal representatives are encouraged to cooperate.

Question 19

Although D doesnt need to disclose material which might be helpful to prosecution, what must D serve on prosecution at PTPH (S.6A(1) CPIA 1996)?

Answer 19

Defence Statement

Question 20

What must a defence statement (DS) contain?

Answer 20

• Set out the nature of D’s defence, including any particular defences on which he intends to rely
• Set out the matters of fact on which he takes issue with the prosecution and explain why he takes issue with each.
• Particulars of the matters of fact on which D intends to rely for the purposes of his defence, and
• Indicate any point of law (including any point as to the admissibility of evidence or an abuse of process) which he wishes to take, and any authority on which he intends to rely for that purpose.

Question 21

If a defence statement contains an alibi, what additional things must be included in the defence statement?

Answer 21

• The name, address and date of birth of the** alibi witness** or as many of those details as are known to D when the statement is given;
• Any information in D’s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) are not known to D when the statement is given.’

Question 22

Does D always have to prepare and serve a defence statement? Why is it wise to serve one?

Answer 22

No- only mandatory in the CC

Serving a DS is a pre-condition for making an application for specific disclosure.

Question 23

What are the deadlines for serving a DS?

Answer 23

• In MC:
• In CC: