Case management and pre-trial hearings

Question 1

What is the overriding objective of the Criminal Procedure Rules 2000?

Answer 1

The overriding objective is that criminal cases be dealt with justly.

Question 2

What must the court do to further the overriding objective?

Answer 2

The court must actively manage the case.

Question 3

What obligation does the prosecution have regarding unused material?

Answer 3

The prosecution must disclose their unused material to the defence.

Question 4

What must the defence provide to the prosecution?

Answer 4

The defence may be required to provide a defence statement.

Question 5

When does the magistrates court fix the trial date?

Answer 5

After a defendant has entered a not guilty plea to a summary offence.

Question 6

What is the purpose of case management directions?

Answer 6

To ensure the prosecution and defence are prepared for trial.

Question 7

What is the maximum time allowed for parties to prepare for trial?

Answer 7

8 weeks, or 14 weeks when expert evidence is required.

Question 8

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

Answer 8

Magistrates Court Trial Preparation Form.

Question 9

What steps must a defendant’s solicitor take after a not guilty plea?

Answer 9

Obtain evidence from witnesses and details of unused material.

Question 10

What is a preparation for trial hearing?

Answer 10

A hearing where the court gives directions for an effective trial.

Question 11

What must be completed at the preparation for trial hearing?

Answer 11

Preparation For Effective Trial form.

Question 12

What is required when a witness is reluctant to attend court?

Answer 12

A solicitor must obtain a witness summons from the magistrates court.

Question 13

What is the deadline for the defence to disclose witness information under CPIA?

Answer 13

28 days from the date of the CPS adhering to section 3 of the CPIA 1996.

Question 14

What is the significance of a section 9 witness statement?

Answer 14

It allows a written statement to be admissible at trial instead of oral evidence.

Question 15

What must a section 9 witness statement contain?

Answer 15

It must be signed, dated, and contain a declaration of truth.

Question 16

What is ‘unused material’ in the context of a criminal case?

Answer 16

Material the CPS has but does not seek to rely on for prosecution.

Question 17

What must happen when a defendant is sent to the Crown Court for trial?

Answer 17

The magistrates will issue standard directions and set a PTPH date.

Question 18

What is a Plea and Trial Preparation Hearing (PTPH)?

Answer 18

The first hearing after a defendant is sent to the Crown Court for trial.

Question 19

What is a sending hearing?

Answer 19

A procedural hearing to determine if an offence should be sent to the Crown Court.

Question 20

What is the purpose of a preliminary hearing in the Crown Court?

Answer 20

To resolve case management issues and set an early trial date if necessary.

Question 21

What happens during the arraignment at the PTPH?

Answer 21

The counts of the indictable only offence are put to the defendant.

Question 22

What happens if a defendant pleads guilty to some counts at the PTPH?

Answer 22

The jury will not be informed of the counts to which the defendant pleaded guilty.

Question 23

What is the role of the CPS at the arraignment?

Answer 23

To present evidence unless they conclude there is no longer a reasonable prospect.

Question 24

What is the consequence if a defendant pleads guilty?

Answer 24

The judge will either sentence immediately or adjourn for pre-sentence reports.

Pre-sentence reports may include medical reports or reports from the Probation Service.

Question 25

What happens if the CPS offers no evidence at the arraignment?

Answer 25

The judge will enter a 'not guilty' verdict and formally discharge the defendant.

Question 26

What does it mean for counts to 'lie on the court file'?

Answer 26

The CPS may leave lesser counts on file if the defendant pleads guilty to more serious offenses.

Question 27

What is a Newton hearing?

Answer 27

A hearing necessary to determine the factual basis on which the defendant will be sentenced.

Question 28

What is the purpose of the Goodyear indication?

Answer 28

To indicate a likely sentence to the defendant if they plead guilty at the PTPH.

Question 29

True or False: A defendant can change their not guilty plea to guilty at any time before the jury's verdict.

Answer 29

True.

Question 30

What must the judge consider after a not guilty plea at the PTPH?

Answer 30

Whether further directions are necessary to prepare the case for trial.

Question 31

What is the warned list?

Answer 31

A list of cases awaiting trial that have not been given a fixed date.

Question 32

What is a Further Case Management Hearing (FCMH)?

Answer 32

A hearing that may be necessary for directions for an effective trial.

Question 33

What is the initial prosecution duty of disclosure?

Answer 33

The CPS must serve all evidence it wishes to rely on at trial to prove the defendant's guilt.

Question 34

What is 'unused material' in the context of prosecution disclosure?

Answer 34

Statements from witnesses whom the CPS does not intend to call at trial.

Question 35

What does Section 3 of the CPIA 1996 require regarding disclosure?

Answer 35

Material must be disclosed if it might undermine the case for the prosecution or assist the case for the accused.

Question 36

What types of material require disclosure under the CPIA 1996?

Answer 36

* Records of eyewitness descriptions * Information indicating an innocent explanation * Material casting doubt on eyewitness reliability * Material casting doubt on confession reliability * Statements supporting the defendant's account

Question 37

What is 'public interest immunity'?

Answer 37

A legal principle allowing the CPS to withhold sensitive material from disclosure.

Question 38

What happens if a defendant's solicitor believes the disclosure is incomplete?

Answer 38

They can request further missing items or apply to the court for specific disclosure.

Question 39

What is the time frame for serving a defence statement in the magistrates court?

Answer 39

10 business days from the CPS's initial disclosure.

Question 40

What is the time frame for serving a defence statement in the Crown Court?

Answer 40

20 business days from the initial disclosure.

Question 41

What is a Defence Case Statement (DCS)?

Answer 41

A written statement outlining the defence, issues with prosecution, and particulars for the defence.

Question 42

When may the court draw adverse inferences from a defence statement?

Answer 42

If there are faults such as failing to provide a statement or serving an incomplete one.

Question 43

What is the ongoing duty of the CPS concerning unused material?

Answer 43

The CPS must review and disclose any further unused material after the defence statement is served.

Question 44

What must a defendant do to challenge the prosecution's failure to disclose unused material?

Answer 44

Make an application to the court if they believe there is undisclosed material.