Case Management and Pre-Trial Hearings Flashcards

1
Q

When does the court give initial case management directions?

A

Usually at the same hearing where the defendant enters their plea of not guilty.

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2
Q

How long is given for trial preparation after directions are given?

Is it different if expert evidence is required?

A

8 weeks is given to prepare the case for trial

14 weeks is given where expert evidence is required.

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3
Q

What two conditions are needed for a witness summons?

A

(i) Court is satisfied the witness can give material evidence in the proceedings; and

(ii) It is in the interests of justice for a summons to be issued

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4
Q

What four matters, after receiving the prosecutions case, should the solicitor discuss when advising on plea?

A

(i) client’s response to the prosecution case and any points of dispute;

(ii) the strength of the prosecutions case, should remind client of credit for an early guilty plea;

(iii) whether any further evidence, in light of the prosecution evidence, which the defendant may need to obtain;

(iv) which trial venue to elect

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5
Q

What factors are in favour of a trial in the Crown Court?

A

(i) Greater chance of acquittal;
(ii) Better procedure for challenging admissibility of evidence (voir dire);
(iii) Longer time to prepare the defence case

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6
Q

What factors are in favour of a trial in the magistrates’ court?

A

(i) Limited sentencing powers (max 12 months for 2 either way);
(ii) trial takes place much sooner in the magistrates’ court and is less stressful;
(iii) prosecution and defence costs are cheaper;
(iv) no obligation to serve defence statement

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7
Q

What is the purpose of the plea and trial preparation hearing (PTPH)?

A

To enable D to enter their plea and to allow the judge to give further case management directions.

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8
Q

What happens if D enters a guilty plea at the PTPH?

A

The judge will either sentence D immediately or adjourn sentence if pre-sentence reports are necessary and/or a newton hearing is required.

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9
Q

At a PTPH, what happens if the judge indicates a sentence?

A

If the defendant then enters a guilty plea as a result of the indication, the indication given by the judge will be binding.

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10
Q

What happens if D enters not guilty at the PTPH?

A

The judge will assess the case, e.g. length, number of witnesses, agreed facts etc. and will determine if any further directions are necessary.

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11
Q

What is the prosecution duty of disclosure?

A

The CPS is required to serve all evidence it wishes to rely on at trial.

CPS must also disclose unused material if D pleads not guilty and is could assist their case.

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12
Q

When are the CPS required to disclose unused material?

A

1) D pleads not guilty; and

2) the material may assist the defendant’s case or is capable of undermining the prosecution case.

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13
Q

What is the defendant’s disclosure obligation?

A

Their disclosure obligation is satisfied with a defence statement.

This is mandatory in the Crown Court, optional in the Magistrates Court.

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14
Q

When must a defence statement be submitted in the MC and CC respectively?

A

MC: 10 days

CC: 20 days

‘Days’ is in reference to when the prosecution comply with their disclosure obligations.

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15
Q

What are the implications of not submitting a defence statement?

A

CC: Adverse inference

MC: Not allowed to make a request for specific disclosure

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16
Q

What does the defence statement consist of?

A

(a) sets out the defence;

(b) indicates issues of prosecution fact;

(c) particulars of the matters of facts D relies on for their defence;

(d) indicates any points of law D relies on at trial;

(e) if there’s an alibi defence, provide as many details of alibi witnesses

17
Q

How should either-way offences be tried?

A

They should be tried summarily unless it is likely that the court’s sentencing powers will be insufficient.

18
Q

If the MC deem a case more suitable for summary trial, what must they explain to D?

A

(i) the case appears suitable for summary trial;

(ii) they can consent to be tried summarily or choose to be tried on indictment;

(iii) if they consent to be tried summarily and are convicted, they may be committed to the CC for sentence.

19
Q

When would an either-way offence be sent to CC without an allocation hearing?

A
  • Complex fraud;
  • Cases involving children;
  • The offence is related to an offence triable only on indictment