Case Management Directions

Question 1

How long before trial are Case management directions given?

Answer 1

8 weeks (or 14 weeks for expert evidence)

Question 2

Defence’s disclosure obligations?

Answer 2

1. CPS disclose all docs
2. Name, addres + DOB of intended witnesses on CPS within 28days of CPS’s disclosure
3. CPS can check background of witnesses

Question 3

What dont you need to disclose to CPS as a defence?

Answer 3

Witness statement unless expert report

Question 3

Effect of failure to dislcose as defence?

Answer 3

Draw adverse inference

Question 4

Process to call witness?

Answer 4

Check witness can attend trial date + if not –> serve witness summons

Question 5

What if witness cannot come to court?

Answer 5

S9 written witness statement about undisputed matters

Question 6

formalities of s9 witness statement?

Answer 6

• dated and signed
• statement
• no parties objected within 7 days
• served on other party before hearing

Question 7

Section 9 Statement

Answer 7

This statement (consisting of [1] page signed by me) is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

Question 8

Initial details of Prosections case?

Answer 8

CPS disclose but do not intend to rely on it