Case Management and Pre-Trial Hearings Flashcards
When does the court give initial case management directions?
Usually at the same hearing where the defendant enters their plea of not guilty.
How long is given for trial preparation after directions are given?
Is it different if expert evidence is required?
8 weeks is given to prepare the case for trial
14 weeks is given where expert evidence is required.
What two conditions are needed for a witness summons?
(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
What four matters, after receiving the prosecutions case, should the solicitor discuss when advising on plea?
(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
What factors are in favour of a trial in the Crown Court?
(i) Greater chance of acquittal;
(ii) Better procedure for challenging admissibility of evidence (voir dire);
(iii) Longer time to prepare the defence case
What factors are in favour of a trial in the magistrates’ court?
(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
What is the purpose of the plea and trial preparation hearing (PTPH)?
To enable D to enter their plea and to allow the judge to give further case management directions.
What happens if D enters a guilty plea at the PTPH?
The judge will either sentence D immediately or adjourn sentence if pre-sentence reports are necessary and/or a newton hearing is required.
At a PTPH, what happens if the judge indicates a sentence?
If the defendant then enters a guilty plea as a result of the indication, the indication given by the judge will be binding.
What happens if D enters not guilty at the PTPH?
The judge will assess the case, e.g. length, number of witnesses, agreed facts etc. and will determine if any further directions are necessary.
What is the prosecution duty of disclosure?
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.
When are the CPS required to disclose unused material?
1) D pleads not guilty; and
2) the material may assist the defendant’s case or is capable of undermining the prosecution case.
What is the defendant’s disclosure obligation?
Their disclosure obligation is satisfied with a defence statement.
This is mandatory in the Crown Court, optional in the Magistrates Court.
When must a defence statement be submitted in the MC and CC respectively?
MC: 10 days
CC: 20 days
‘Days’ is in reference to when the prosecution comply with their disclosure obligations.
What are the implications of not submitting a defence statement?
CC: Adverse inference
MC: Not allowed to make a request for specific disclosure
