2.7 Pre-trial matters II Flashcards
What pre-trial matters are likely to be dealt with after the PTPH?
Applications for:
- evidence;
- special measures;
- measures to assist vulnerable defendants;
- witness summons and warrants; and
- changes of plea.
When are applications to exclude or admit evidence normally heard?
Before trial on the first day of trial.
What is the purpose of special measures?
To enable witnesses to give their best evidence.
Juries should be directed not to draw adverse inferences against the defendant from special measures.
What are the main types of special measures available?
Youth Justice and Criminal Evidence Act 1999
- Screens;
- Live TV link;
- Evidence in private (clear the public gallery);
- Removing wigs and gowns;
- Video-recording XIC;
- Pre-recording XX and RX;
- Intermediaries to support witnesses;
- Aids to communication.
Which statute sets out most of the available special measures?
Youth Justice and Criminal Evidence Act 1999
What are the criteria for eligibility for special measures?
Youth Justice and Criminal Evidence Act 1999
- Under 18;
- Disability / disorder;
- Fear or distress;
- Sexual offence complainants;
- Slavery complainants;
- Witnesses for “relevant offences” (homicide, firearms, knives, etc.).
What is the test for vulnerable defendants to be eligible for special measures?
Section 33A Youth Justice and Criminal Evidence Act 1999
The court must be satisfied that special measures would be in the interests of justice and that it would improve the quality of D’s evidence because:
(4)
D is under 18 and impaired thereby in intellectual ability or social functioning; or
(5)
D is over 18 and has a mental disorder or significant impairment of intelligence and social function
What is the role of an intermediary?
To help the defendant to give evidence to the court.
Who is normally responsible for securing the attendance of witnesses?
The police for the prosecution and the solicitors for the defence.
In what situation is an application for a witness summons appropriate?
The prosecution or defence may apply to the court for a witness summons where a witness refuses to attend court.
What is the test which the court must apply in deciding whether to issue a witness summons?
- The witness is likely to be able to give material evidence or produce a material document; and
- It is in the interests of justice to issue a summons.
What is the sanction for failing to attend court after receiving a witness summons?
If a witness disobeys a witness summons and does not attend without a just excuse the court can issue a warrant for arrest for contempt of court.
When can D change her plea from not guilty to guilty?
At any time before the jury has delivered its verdict.
What is the procedure when D wants to change her plea from guilty to not guilty?
Heyes [1951] 1 KB 29
D’s counsel must ask the court for leave to have the indictment read again. After D pleads guilty, if the jury is already out the judge will direct a verdict of guilty.
[Once a prisoner is in charge of a jury, he can only be either convicted or discharged by the verdict of the jury.]
When can D change her plea from guilty to not guilty?
Plummer [1902] 2 KB 339
At any time before the judge has passed sentence.
