Case management and Pre-Trial Hearings Flashcards
(126 cards)
1
Q
A
2
Q
What happens after a defendant enters a not guilty plea?
A
The magistrates will fix the trial date and give directions for the CPS and the defendant’s solicitor to comply with prior to the trial.
3
Q
What is a case management hearing?
A
It is the hearing at which case management directions are given, usually when the defendant enters a not guilty plea.
4
Q
What is the standard time allowed for case preparation before trial?
A
Eight weeks, or 14 weeks if expert evidence is required.
5
Q
What form is used to record case management directions?
A
The Magistrates’ Court Trial Preparation Form.
6
Q
What is a witness summons?
A
A document obtained from the magistrates’ court to secure a witness’s attendance at trial.
7
Q
Under what conditions will a court issue a witness summons?
A
If the court is satisfied that the witness can give material evidence and it is in the interests of justice.
8
Q
What must a defendant serve on the CPS regarding defence witnesses?
A
A notice with the names, addresses, and dates of birth of any witnesses they intend to call.
9
Q
What is the time limit for serving notice of defence witnesses?
A
28 days from the date the prosecutor complies with s 3 of the CPIA 1996.
10
Q
What is required for expert witnesses in a trial?
A
The defendant’s solicitor must serve a copy of the expert’s report on the CPS in advance of trial.
11
Q
What is a Section 9 witness statement?
A
A written statement that can be admissible at trial if it meets certain conditions.
12
Q
What must a Section 9 witness statement contain?
A
It must be signed, dated, contain a declaration of truth, and be served on other parties before the hearing.
13
Q
What is ‘unused material’?
A
Material that the CPS has but does not intend to rely upon at trial.
14
Q
What are some characteristics expected in magistrates’ courts as per the TSJ?
A
Early engagement, sufficient time for defence preparation, and clear identification of trial issues.
15
Q
What triggers a defendant being sent to the Crown Court?
A
If charged with an offence triable only on indictment or if related to such an offence.
16
Q
What happens if a defendant pleads not guilty to an either-way offence?
A
They will be tried in the Crown Court if the magistrates decline jurisdiction or if the defendant elects Crown Court trial.
17
Q
What must magistrates do when sending a defendant to the Crown Court?
A
Set a date for the PTPH and give standard case management directions.
18
Q
What can happen if a defendant pleads guilty to a summary-only offence after being convicted of an either-way offence?
A
The Crown Court can sentence for the summary offence, although its sentencing powers are limited.
19
Q
What can a court do for a defendant charged with either-way offences?
A
The court may send the defendant for trial in relation to any summary-only offence if it is punishable with imprisonment or disqualification from driving and appears related to the either-way offence.
(CDA 1998, s 51)
20
Q
What happens if a defendant pleads guilty to a summary-only offence after being convicted of an either-way offence?
A
The Crown Court can sentence for the summary offence, although its sentencing powers are limited to those of the magistrates.
21
Q
What must happen if a defendant is acquitted of the either-way offence or pleads not guilty to the summary-only offence?
A
The summary-only offence must be remitted back to the magistrates’ court for trial.
22
Q
What is the purpose of the Preliminary Hearing at the Crown Court?
A
It addresses case management issues, sets trial dates, and resolves other necessary matters for offences triable only on indictment.
23
Q
When is a Preliminary Hearing required?
A
A Preliminary Hearing is required if there are case management issues, the trial is likely to exceed four weeks, an early trial date is desirable, the defendant is under 18, or a guilty plea is likely.
24
Q
What is the first hearing in the Crown Court if no Preliminary Hearing is required?
A
The first hearing will be the Plea and Trial Preparation Hearing (PTPH).
25
What occurs at the start of the PTPH?
The defendant will be arraigned, meaning the counts on the indictment will be put to them for a plea.
26
What happens if a defendant pleads guilty to some counts but not others?
The jury will not be informed of the counts to which a guilty plea has been entered.
27
What can happen if the CPS offers no evidence at the arraignment?
The judge will order that a verdict of not guilty be entered, and the defendant will be formally discharged.
28
What is a 'Newton hearing'?
A separate hearing necessary to determine the factual basis on which the defendant will be sentenced if they plead guilty but dispute the specific factual allegations.
29
What is a Goodyear indication?
An advance indication of the likely sentence a defendant would receive if they enter a guilty plea, which is binding if the defendant pleads guilty after receiving it.
30
What information must the prosecution and defence advocates provide at the PTPH?
They must provide a summary of the issues, details of witnesses, any required editing of transcripts, and other relevant case management information.
31
What happens at the conclusion of the PTPH?
The defendant will either be released on bail or remanded in custody pending trial.
32
Can a defendant change their plea from not guilty to guilty during the trial?
Yes, a defendant may change their plea at any time before the jury returns their verdict.
33
What are the disclosure obligations for the CPS and the defendant?
Both must comply with the CPIA 1996, which includes serving all evidence and unused material that meets certain criteria.
34
What is the test for disclosing unused material according to the CPIA 1996?
Material must be disclosed if it might reasonably be considered capable of undermining the prosecution case or assisting the accused's case.
35
What must the CPS do if it has sensitive items of unused material?
The CPS can withhold the material only if it is protected by public interest immunity, and must apply to the court for a finding on this.
36
What is the time limit for serving a defence statement in the Crown Court?
The defence statement must be served within 20 business days of the CPS making initial disclosure of unused material.
37
What happens if a defendant does not provide a defence statement in the Crown Court?
The court may draw an adverse inference against the defendant.
38
When will the CPS disclose additional unused material?
The CPS will disclose additional unused material if they believe it may assist the defence case based on the information in the defence statement.
39
Why is it rare for a defence statement to be served in magistrates' court?
The potential advantage of gaining additional disclosure from the CPS is outweighed by the risk of revealing too many details of the defence case before trial.
40
What are the contents required in a defence statement according to s 6A of the CPIA 1996?
A defence statement must include: (a) the nature of the defence, (b) matters of fact disputed with the prosecution, (c) particulars of facts relied upon, (d) points of law intended to be raised, and (e) details of any alibi witness.
41
What is the duty of the defence regarding the defence statement?
The defence has a continuing duty to update the defence statement if any details change before trial.
42
What does section 6E of the CPIA 1996 state about defence statements?
Defence statements are deemed given with the authority of the defendant unless proven otherwise.
43
What are the consequences of failing to provide a defence statement in the Crown Court?
The court may draw an adverse inference from faults in the defence statement, such as failing to provide one at all or serving an incomplete statement.
44
What happens if a defendant raises a different defence at trial than in their defence statement?
The judge or prosecution may comment on the inconsistency, and the jury may draw adverse inferences.
45
What is the reward for providing a defence statement?
The CPS must review its initial disclosure and may disclose additional material that could undermine the prosecution case or assist the defendant.
46
What can a defendant do if the CPS fails to comply with its duty of disclosure?
The defendant can apply to the court for an order to disclose material if they believe there is undisclosed prosecution material.
47
What is the order of calling defence witnesses in a trial?
The defence witnesses will be called in turn to give evidence, with the defendant being called first.
48
Who examines the defence witnesses?
Each witness will be examined in chief by the defendant's solicitor and then cross-examined by the prosecuting solicitor.
49
What may the prosecuting solicitor do after presenting their case?
The prosecuting solicitor may make a closing speech if the defendant is represented or has introduced evidence other than their own.
50
What happens after the closing speeches in a magistrates' court trial?
The magistrates retire to consider their verdict.
51
What occurs if the defendant is found guilty?
The magistrates will either sentence the defendant immediately or adjourn the sentence to obtain pre-sentence reports.
52
What happens if the defendant is acquitted?
The defendant will be formally discharged by the magistrates and told that they are free to go.
53
What is the purpose of the prosecutor's opening speech?
The opening speech sets the scene and provides factual details about the charge and the relevant law.
54
What is the burden of proof in a trial?
The prosecution has the burden of proving beyond a reasonable doubt that the defendant is guilty.
55
What happens after the prosecutor's opening speech?
The prosecutor will call their first witness to give evidence.
56
What type of evidence do witnesses provide?
Witnesses provide sworn evidence, promising to tell the truth.
57
Who is typically the first prosecution witness?
The first prosecution witness is usually the complainant.
58
What is cross-examination?
Cross-examination is when the defendant's solicitor questions the prosecution witness after the prosecutor's initial questioning.
59
What happens if the defendant's solicitor objects to the reading of an interview transcript?
If the defence solicitor objects, the audio recording of the interview will be played to the court.
60
What is a voir dire?
A voir dire is a hearing to determine the admissibility of disputed evidence.
61
What occurs if evidence is ruled inadmissible during a voir dire?
The prosecutor will not be allowed to reference the inadmissible evidence during the trial.
62
What is a submission of no case to answer?
It is a request by the defendant's solicitor to dismiss the case if the prosecution has not presented sufficient evidence.
63
What must the prosecution prove for a case to proceed?
The prosecution must prove an essential element of the alleged offence.
64
What happens if the magistrates accept a submission of no case to answer?
The charge against the defendant will be dismissed.
65
Is a defendant compelled to give evidence?
No, a defendant is not compellable but can choose to give evidence.
66
What inference can be drawn if a defendant does not give evidence?
The court may infer that the defendant has no explanation or that their explanation will not withstand cross-examination.
67
What is the order of defence witnesses?
If a defendant is to give evidence, they must be called first before any other witnesses.
68
What plea does Lloyd enter in the assault case?
Lloyd pleads not guilty on the basis that he was acting in self-defence.
69
What inference can the court make if Lloyd declines to give evidence?
The court can infer that Lloyd has no defence to the charge or no defence that will stand up to cross-examination.
70
Who must be called first to give evidence for the defence?
The defendant must be called first before any other witnesses for the defence.
71
Why must the defendant give evidence before other defence witnesses?
To prevent the defendant from tailoring their testimony based on what other witnesses say.
72
How are defence witnesses examined in court?
Each defence witness is examined in chief by the defendant's solicitor, cross-examined by the prosecutor, and then re-examined by the solicitor.
73
What recent change allows the prosecution to make a closing speech in magistrates' court?
A new rule (r 24.3(g) to (h)) expressly recognizes the prosecution's right to make a closing speech.
74
When does the defence make their closing speech in relation to the prosecution's?
The defence always makes their closing speech after the prosecution's closing speech.
75
What is the tactical importance of the defence closing speech?
It allows the defendant's solicitor to have the last word after all evidence has been presented.
76
What must the defendant's solicitor remind the magistrates during the closing speech?
The CPS bears the burden of proving beyond a reasonable doubt that the defendant is guilty.
77
What should the defence solicitor emphasize in their closing speech?
The factual weaknesses or discrepancies in the prosecution case.
78
What is the verdict process in the magistrates' court?
The magistrates will retire to consider their verdict and return to announce whether the defendant is not guilty or guilty.
79
What happens if the defendant is found guilty?
The magistrates will consider the sentence to be imposed, either immediately or after obtaining reports.
80
What is the right of a defendant found guilty in magistrates' court?
The right to appeal against the conviction and/or sentence to the Crown Court.
81
What is the role of the jury in the Crown Court?
The jury decides matters of fact and ultimately the defendant's guilt or innocence.
82
What does the judge do in a Crown Court trial?
The judge resolves disputes over points of law and directs the jury on the relevant law.
83
What is required for a defendant to change their plea from guilty to not guilty?
The defendant must apply in writing as soon as practicable after becoming aware of the grounds for the application.
84
What is the first step in the Crown Court trial procedure?
The jury will be sworn in (empanelled) before the trial begins.
85
What does the prosecutor's opening speech include?
The legal elements of the offence, an outline of the evidence, and an explanation of the burden and standard of proof.
86
What occurs if there are disputes over points of law during the trial?
A 'voir dire' hearing will take place in the absence of the jury.
87
What happens at the conclusion of the prosecution case?
Defence counsel may make a submission that there is no case for the defendant to answer.
88
What must happen if the submission of no case to answer is successful?
The jury will be instructed to return a verdict of not guilty.
89
What is the order of events for the defence case?
The defence advocate presents the case, calls witnesses, and the defendant gives evidence first.
90
What does the judge do before the jury retires to consider their verdict?
The judge gives a 'summing up' to the jury, covering directions on law and a summary of evidence.
91
What does the jury receive during the summing up?
The jury receives a summary of the evidence, including: (i) a succinct summary of the issues of fact; (ii) an accurate summary of the evidence and arguments from both sides; and (iii) a correct statement of the inferences they can draw from the facts.
92
What happens after the judge's summing up?
The judge instructs the jury to appoint a foreman and to retire to consider their verdict.
93
What are the deliberation rules for the jury?
The jury's deliberations are private and must remain secret. They can only consider evidence heard at trial and must reach a unanimous verdict, although a majority verdict of 11:1 or 10:2 is acceptable after at least 2 hours and 10 minutes.
94
What happens if the jury cannot reach a majority verdict?
If the jury cannot reach a majority verdict in a reasonable time, the judge will discharge the jury, and the prosecution may request a retrial.
95
What occurs if the jury finds the defendant not guilty?
The defendant will be discharged by the judge and told they are free to go. If not funded by a representation order, the judge may order legal costs to be paid from central funds.
96
What happens if the jury finds the defendant guilty?
The judge will proceed to sentence the defendant, either immediately or after obtaining pre-sentence reports.
97
What is the etiquette for addressing magistrates in court?
Magistrates are traditionally addressed as 'Your Worships', but it is now more common to address the chairperson as 'Sir' or 'Madam'.
98
What is the proper form of address in the Crown Court?
In the Crown Court, the normal form of address to the judge is 'Your Honour'.
99
What should advocates do when entering or leaving court?
It is customary to bow to the judge or magistrates and all present must stand when the judge or magistrates enter or leave.
100
When must advocates stand in court?
Advocates are required to stand when addressing the court or examining witnesses, except in specific circumstances such as representing a juvenile client or when appearing via videolink.
101
What is the purpose of examination-in-chief?
The purpose is to allow a witness to 'tell their story' using open questions, avoiding leading questions.
102
What are leading questions?
Leading questions suggest the answer and are not allowed during examination-in-chief.
103
What is the purpose of cross-examination?
Cross-examination aims to put the party's case to the witness, undermine their credibility, and obtain favorable evidence.
104
What type of questions are typically used in cross-examination?
Closed or leading questions are usually asked to maintain control over the witness's responses.
105
What is re-examination?
Re-examination is a brief questioning of a witness after cross-examination, using only open, non-leading questions.
106
What is the general rule regarding witness competence?
All persons are competent to give evidence at a criminal trial, regardless of age.
107
What is the exception to the rule on witness competence?
A person is not competent if they cannot understand questions or give understandable answers.
108
What is the rule regarding child witnesses?
Children may be competent witnesses if they can understand questions and give intelligible answers, regardless of age.
109
What is the rule regarding the accused as a witness?
Generally, an accused is not a competent witness for the Crown, but there are exceptions under certain conditions.
110
What is the rule regarding the spouse of the accused as a witness?
The spouse is only compellable for the Crown in specified cases as outlined in the relevant legislation.
111
What happens if an accused chooses not to testify?
References may be drawn where an accused chooses not to testify (CJ&PO Act 1994, s 35).
112
How is the competence of a spouse of the accused determined?
The question of their competence is dealt with by s 80 PACE 1984.
113
When is a spouse compellable for the Crown?
The spouse of an accused is only compellable for the Crown in specified offences as referred to in ss (3).
114
What are the two categories of specified offences that make a spouse compellable?
1. Offences involving assault or threat of injury to the spouse or a person under 16.
2. Sexual offences involving a person under 16 or aiding and abetting such offences.
115
Can Belinda be compelled to testify against John?
Belinda cannot be compelled to testify because the case does not come within s 80 PACE 1984.
116
What happens if spouses are co-accused?
One spouse is never compellable for the other.
117
What does s 80(5) state about spouses who are no longer married?
If spouses are no longer married at the date of the trial, it is as if they were never married for the purpose of establishing their compellability.
118
What are the categories of witnesses eligible for special measures under YJCEA 1999?
1. Children under 18.
2. Those with mental or physical disorders.
3. Those affected by fear or distress.
4. Complainants in sexual offences.
5. Witnesses in specified gun and knife crimes.
119
What happens if a witness is fearful about giving evidence?
With the court's leave, their written statement may be read out instead of attending court in person.
120
What types of special measures may be used to assist witnesses?
1. Screens to prevent the witness from seeing the defendant.
2. Live television link for giving evidence.
3. Clearing the court for private evidence.
4. Removing wigs and gowns in Crown Court.
5. Video recordings of examination-in-chief.
6. Communication aids.
121
What is the solicitor's duty to the court?
A solicitor must act in their client's best interests and ensure the prosecution proves the defendant's guilt.
122
What must a solicitor not do regarding their client's defense?
They cannot say anything in their client's defense that they know to be untrue.
123
What is the duty of confidentiality a solicitor owes to their client?
If a solicitor ceases to act for their client, they must not disclose the reason, stating 'professional reasons' instead.
124
What should a solicitor do to prepare a defendant to give evidence?
The solicitor must inform the client about what is likely to happen at trial and provide a copy of their witness statement.
125
What should a solicitor avoid doing with witnesses?
They should not rehearse or coach witnesses regarding their evidence.
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