Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

FLK 2 - Criminal Practice > 5. Case Management, Pre-Trial Hearings and Trial Procedure in Magistrates’ and Crown Courts. > Flashcards

5. Case Management, Pre-Trial Hearings and Trial Procedure in Magistrates’ and Crown Courts. Flashcards

1
Q

When will the court give case management directions?

A

Usually at the same hearing at which the defendant enters a NG plea, but can also sometime be at a later hearing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a case management hearing and what is it also known for?

A

Purpose: hearing at which case management directions are given
AKA: pre-trial review

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the case management directions and can they be altered?

A

standard conditions which can be varied by the court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Under the case management directions how much time do parties have to prepare for trial?

A

8 weeks to prepare the case for trial
OR
14 weeks when expert evidence is required.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the form used to record the case management directions?

A

Magistrates’ Court Trial Preparation Form

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the alternative if a witness who has prepared a witness statement is reluctant to attend court to give oral evidence at trial?

A

A prudent solicitor will secure their attendance by obtaining a witness summons from the Mags court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When will the court issue a witness summons?

A

if court is satisfied that witness can give material evidence + its in the interests of justice for it to be issued

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

When is a witness summons requested?

A

when a witness does not confirm in writing that they will attend court, the solicitor writes to court requesting a witness summons.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is a defendant required to do under s 6C CPIA as part of the defence witness obligations?

A

must serve on the CPS a notice setting out the names, addresses and dates of birth of any witnesses they intend to call to give evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the purpose of the rule under s 6C CPIA obliging the defendant to serve a notice to CPS?

A

enables cps to check whether any defence witnesses have previous convictions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Can the police interview a defence witness?

A

Yes following s 21A CPIA.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The defence witness obligation to serve a notice to CPS under s 6C is relevant to which court?

A

Both mags and crown court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

The defence witness obligation to serve a notice to CPS under s 6C is related to what plea and which courts?

A

NG Please at Mags Court
AND
Any case sent to the CC for trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the time limit to comply with the defence witness obligations of s 6C of CPIA.

A

28 days from the date on which the prosecutor complies, or purports to comply, with s 3 CPIA.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Does a defendant have to serve on the CPS copies of the statements taken from the witnesses whom they intend to call to give evidence at trial?

A

No but the exception is expert witness reports

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

When should expert evidence be obtained?

A

ASAP but max within 28 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what is the procedure on expert evidence if the defendant’s case is funded through a representation order?

A

the solicitor must obtain prior authorization from the Legal Aid Agency (LAA) to instruct the expert.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If a defendant’s solicitor wishes to call an expert to give evidence at trial, what must they do?

A

serve a copy of the expert’s report on the CPS in advance of trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What responsibility does the defendant’s solicitor have regarding the expert’s involvement in the trial?

A

The defendant’s solicitor must check the expert’s availability to attend trial, ensuring that the trial date is set when the expert can be present in court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Can a written statement be admissible at trial without the witness coming to court to give evidence?

A

Yes provided it meets the conditions under s9 CJA 1967

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What are the conditions for s9 witness statements to be admissible?

A
  • It must be signed and dated.
  • It includes a declaration about truthfulness and liability for false statements.
  • A copy must be served to other parties before the hearing.
  • There should be no objection from other parties within 7 days.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

When should section 9 witness statements only be used?

A

only for evidence which is not in dispute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

If the party receiving a section 9 witness statement wishes to challenge admissibility or cross-examine the statement maker, what should they do?

A

object within 7 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Who is entitled to use the s9 procedure for witness statements in criminal proceedings?

A

either party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is documentary evidence which may be used at trial?

A

photos or plans where the alleged crime occurred

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

How are plans and photos used as documentary evidence verified?

A

verified by a witness statement from the person who prepared the plan or took the photos.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

In cases of summary-only or either-way offenses, how is evidence to be used at trial handled for the defendant’s solicitor, and what is the term for material not proposed for trial use?

A
  • Evidence for trial use is provided in the Initial Details of the Prosecution Case (IDPC).
  • Material not intended for trial use is termed ‘unused material.’
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Under what circumstances must a magistrates’ court send an adult charged with an either-way or summary offence to the Crown Court for trial?

A
  • If the offence is related to an indictable offence and
  • in the case of a summary-only offence, is punishable with imprisonment or involves disqualification from driving.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What happens to an adult defendant charged with an offense triable only on indictment after a hearing in the magistrates’ court?

A

The defendant is sent directly to the Crown Court for trial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is the purpose of the hearing in the magistrates’ court for an adult defendant charged with an offense triable only on indictment?

A

The purpose is to determine if the indicted offense is charged and to assess if there are related offenses that should also be sent to the Crown Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

When the magistrates have determined that a defendant is charged with an offence triable only on idictment, what will they do?

A
  • set a date for the PTPH at CC (or preliminary hearing if necessary)
  • remand D either on bail or in custody to appear at the CC.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

For a PTPH, with no preliminary hearing set, what will the magistrates give the CPS and D’s solicitor?

A

a set of standard case management directions for the CPS and the defendants solicitor which they must comply to prior to the PTPH taking place.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Following a decision to send a defendant for trial, what does the magistrates’ court provide to the defendant, and where is a copy sent?

A
  • The magistrates provide the defendant with a notice specifying the offense(s) and the designated Crown Court.
  • A copy of the notice is sent to the relevant Crown Court.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

When will a defendant charged withh an either-way offence who pleads not guilty at plea before venue be tried at the Crown Court?

A

Either:
* if the magistrates decline jurisdiction; OR
* the defendant elects Crown Court trial at the allocation hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Can a defendant who is sent for trial in respect of an either-way offence be charges with another offence that is summary-only?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

In the case of a defendant sent for trial on an either-way offence, under what circumstances can they be tried for linked summary-only offences at the Crown Court?

A

The defendant may be tried at the Crown Court for common assault, taking a conveyance without consent, driving whilst disqualified, or criminal damage if these offences are based on the same facts as the either-way offence or are part of a series of offences of the same or a similar character.

37
Q

When magistrates send a defendant for trial on either-way offences, under what conditions can they also be sent for trial on related summary-only offences?

A

They may be sent for trial on related summary-only offences if the summary-only offence is
* punishable with imprisonment or disqualification from driving and
* appears to be related to the either-way offence.

38
Q

What happens in terms of sentencing if a defendant, convicted of an either-way offense, pleads guilty to a related summary-only offense in the Crown Court? And what occurs if the defendant is acquitted of the either-way offense or pleads not guilty to the summary-only offense?

A
  • The Crown Court can sentence for the summary offense, limited to magistrates’ sentencing powers.
  • If acquitted of the either-way offense or pleading not guilty to the summary-only offense, the latter offence is remitted back to the magistrates’ court for trial.
39
Q

Who prepares the standard case management directions and who are they sent to?

A

Issued by the Mags court and sent for trial in the Crown Court.

40
Q

When may a preliminary hearing take place at the Crown Court?

A

When an offence triable only on indictment is sent for trial

41
Q

What are the possible conditions for a preliminary hearing to take place for an offence triable only on indictment?

A

(a) there are case management issues which the Crown Court needs to resolve;
(b) the trial is likely to exceed four weeks;
(c) it is desirable to set an** early trial date;**
(d) the defendant is under 18 years of age; or
(e) there is likely to be a **guilty plea **and the defendant could be sentenced at the preliminary hearing.

42
Q

When must a preliminary hearing take place?

A

within 10 business days of the date on which the magistrates send the case to the Crown Court.

43
Q

For cases sent to the Crown Court where a preliminary hearing is not required, what is the first hearing in the Crown Court called?

A

The Plea and Trial Preparation Hearing (PTPH)

44
Q

What is the purpose of the PTPH for the defendant?

A

To enable the defendant to enter their plea

45
Q

What is the purpose of the PTPH for the judge when a defendant pleads not guilty?

A

to enable the judge to give further case management directions for the CPS and the defendant’s solicitor to comply with prior to trial.

46
Q

Where a case is sent to trial and no preliminary hearing is held, when should the PTPH take place?

A

within 20 business days

47
Q

In terms of arraignment what happens at the PTPH?

A

At the start of the PTPH the defendant will be arraigned.

48
Q

What does arraignment mean?

A

the count(s) on the indictment will be put to the defendant who will either plead guilty or not guilty

49
Q

During the arraignment in a PTPH how are guilty pleas handled if the defendant pleads guilty to some counts but not to others?

A

the jury at the trial won’t be informed about the guilty pleas to avoid prejudice.

50
Q

What may happen when a defendant, charged with multiple counts, reaches an agreement with the Crown Prosecution Service (CPS)?

A

The defendant may agree to plead guilty to certain counts if the CPS agrees not to proceed with other counts.

51
Q

If a defendant reaches an agreement with the CPS at the arraignment to plead guilty to certain counts if the CPS drops other counts, what happens?

A

The CPS will offer no evidence in respect of the other counts and the judge will order that a verdict of not guilty be entered.

52
Q

What action may the Crown Prosecution Service (CPS) take during arraignment if new evidence leads them to believe there is no reasonable prospect of securing a conviction?

A

The CPS may offer no evidence, and the judge orders a not guilty verdict, formally discharging the defendant.

53
Q

What is an alternative for the CPS to offering no evidence when an agreement has been made with the defendant at arraignment?

A

CPS may ask that a count ‘lie on the court file’

54
Q

Why may the CPS ask that a count ‘lie on the court file’ instead of offering no evidence?

A

Because there may be several counts on the indictment and the CPS evidence in respect of each count is strong.

55
Q

What may happen if the defendant agrees to plead guilty to more serious counts, and the Crown Prosecution Service (CPS) agrees to leave lesser counts on the court file?

A

A not guilty verdict is not entered, and theoretically, with the court’s permission, the CPS may reopen the case at a later date.

56
Q

What happens if the defendant pleads guilty at the PTPH?

A

Either:
* the judge will either sentence immediately; or
* if necessary, adjourn sentence for the preparation of pre-sentence reports

57
Q

What will a judge do if a defendant pleads guilty but challenged the specific factual allegations made by the prosecution witnesses and what hearing will be required?

A

adjourn the case and a Newton hearing will be called

58
Q

Why is a Newton hearing called?

A

to determine the factual basis on which the defendant will be sentenced

59
Q

If a case is adjourned because the defendant pled guilty but challenged specific factual allegation, what happens to the defendant in the meantime?

A

be released on bail or remanded in custody pending either the sentencing hearing or Newton hearing.

60
Q

What is the rule on indication of sentence at the PTPH?

A

A judge is permitted at the PTPH to give a defendant an advance indication of the likely sentence they would receive if they plead guilty at that stage.

61
Q

Is a judge required to give a defendant an indication of sentence at the PTPH?

A

No - the defendant must specifically ask for it.

62
Q

Is an indication of sentence binding?

A

If a judge gives an indication and the defendant pleads guilty, it is then binding.

63
Q

If a defendant pleads not guilty at the PTPH, what will the judge require the prosecution and defence advocates to provide in order to determine further directions?

A
  • Summary of case issues.
  • Details on the number of witnesses and estimated trial duration.
  • Editing requirements for the defendant’s police station interview transcripts.
  • Status of the served defense statement and its adequacy.
  • Potential additional evidence from the prosecution.
  • Disputes over the adequacy of disclosure of unused material.
  • Consideration of expert evidence and the need for additional directions.
  • Necessity for further directions on hearsay or bad character evidence.
  • Requirements for special measures for witnesses.
  • Facts available for formal admission.
  • Legal points or admissibility issues likely to arise at trial.
  • Dates of witness and advocate availability for trial attendance.
64
Q

What is the warned list?

A

a list of cases awaiting trial that have not been gived a fixed date for the trial to start

65
Q

What happens at the Pre-Trial Preparation Hearing (PTPH) regarding case management directions and scheduling the trial?

A

The judge issues necessary case management directions based on disclosed information and either fixes a trial date or places the case in the ‘warned list.’

66
Q

What happens if a case is placed in the warned list, and how is the defendant’s solicitor informed?

A

The Crown Court notifies the defendant’s solicitor shortly before the trial date if the case is placed in the warned list.

67
Q

What are the two possible outcomes for the defendant at the conclusion of the Pre-Trial Preparation Hearing (PTPH)?

A

The defendant will either be released on bail or remanded in custody pending the trial.

68
Q

When can a defendant, who initially pleads not guilty, change their plea to guilty?

A

At the discretion of the judge, a defendant can change their plea to guilty at any time before the jury returns their verdict.

69
Q

Under what circumstances might a defendant change their plea to guilty after initially pleading not guilty?

A

A defendant might change their plea to guilty if they admitted guilt but initially pleaded not guilty, hoping for a successful submission of no case to answer. If the submission fails or if a judge’s ruling affects their defense, they may change their plea during the trial.

70
Q

What is the CPS required to disclose from the evidence they hold?

A

Required to serve on the defendant all the evidence on which it wishes to rely at trial to prove the defendant’s guilt.

71
Q

What is the CPS required to do with unused material?

A

retain it

72
Q

What is the CPS required to do with unused material in the even a defendant enters a not guilty plea?

A

Must disclose any such material to the defendant if the material satisfied the test set out in s 3 of the CPIA.

73
Q

What does Section 3 of the CPIA provide in relation to unused material?

A

Such material must be disclosed if it ‘might reasonably be considered capable of undermining the case for the prosecution… or assisting the case for the accused’.

74
Q

What is the nature of the duty of disclosure on the CPS?

A

The duty of disclosure on the CPS is ongoing.

75
Q

When must the CPS apply the disclosure test?

A

The CPS must apply the disclosure test to any further material it receives after making initial disclosure, as per CPIA 1996, s 7A.

76
Q

Is the duty of disclosure limited to the initial disclosure?

A

No, the duty of disclosure extends beyond the initial disclosure; it applies to any additional material received late

77
Q

What factor should the CPS consider when deciding on further disclosure

A

The CPS must consider the need for further disclosure in light of any information received from the defense regarding the nature of the defense case.

78
Q

What can the defendant’s solicitor do if the CPS refuses to supply requested items?

A

If the CPS refuses to supply requested items, the solicitor may apply to the court for specific disclosure under s 8(2) of the CPIA 1996.

79
Q

Is there a condition for making an application for specific disclosure?

A

Yes, such an application can be made only if the defendant has provided a defense statement.

80
Q

Under what circumstances may a solicitor apply for specific disclosure?

A

if the CPS refuses to supply items requested, and the defendant has already provided a defense statement.

81
Q

If unused material satisfies the disclosure test to the defence under s3 CPIA, when can the CPA withhold material?

A

Only if it is protected by ‘public interest immunity’.

82
Q

Who has discretion to decide whether disclosure can be avoided on the grounds of public interest immunity?

A

the court - following an application from CPS

83
Q

What occurs after the CPS makes its initial disclosure of unused material?

A

the onus shifts to the defendant’s solicitor, who becomes responsible for further disclosure actions in the legal proceedings.

84
Q

What is the normal order of events at a trial in the magistrates’ court?

A

(a) Opening speech by the solicitor from the CPS.
(b) The prosecution witnesses will then be called in turn to give evidence. Each witness will be
examined in chief by the prosecuting solicitor and then cross-examined by the defendant’s
solicitor. The prosecuting solicitor may then choose to re-examine the witness.
(c) (Possible submission of no case to answer by defendant’s solicitor.)
(d) The defence witnesses will then be called in turn to give evidence (with the defendant
being called first). Each witness will be examined in chief by the defendant’s solicitor and
will then be cross-examined by the prosecuting solicitor. The defendant’s solicitor may
then choose to re-examine the witness.
(e) The prosecuting solicitor may make a closing speech where the defendant is represented,
or the defendant has introduced evidence other than his own (whether represented or not).
(f) Closing speech by the defendant’s solicitor.
(g) The magistrates retire to consider their verdict.
(h) The magistrates deliver their verdict.
(i) If the defendant is found guilty, the magistrates will then either sentence the defendant
immediately, or adjourn sentence until later if they wish to obtain pre-sentence reports on
the defendant. If acquitted, the defendant will be formally discharged by the magistrates
and told that they are free to go.

85
Q

For the events at trial in the magistrates’ court who goes first?

A

Prosecution then defence

86
Q

What is the difference between the order of events in the magistrates and crown court?

A

there is no jury in the magistrates and the judge won’t sum up.

87
Q

What is a non-leading queston?

A

an open ended question that will not require a yes/no answer.

88
Q
A

FLK 2 - Criminal Practice (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions