Criminal Practice - Case Management and Pre-Trial Hearings

Question 1

What is the purpose of magistrates’ court case management directions?

Answer 1

To give directions for an effective trial, including timelines and identification of disputed or complex issues to prepare parties adequately.

Question 2

What are some examples of directions given at the preparation for trial hearing?

Answer 2

Timetable/timelines, dates for service of prosecution evidence, disclosure deadlines, defence statement service dates, dates for bad character/hearsay applications, and trial date/time estimates.

Question 3

How long do parties usually have to prepare for trial after directions are given?

Answer 3

Typically 8 weeks; 14 weeks if expert evidence is required.

Question 4

How are case management directions recorded?

Answer 4

Using standard forms.

Question 5

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

Answer 5

A hearing in Crown Court for indictable-only cases to arraign the defendant and give case management directions, including setting trial dates.

Question 6

What must the prosecution disclose in summary-only matters?

Answer 6

Initial Details of the Prosecution Case (summary of circumstances and defendant’s criminal record) as soon as possible and no later than the first hearing.

Question 7

When must prosecution disclose evidence in either-way matters?

Answer 7

2–3 days before the first hearing.

Question 8

When must prosecution disclose evidence in indictable-only matters?

Answer 8

As soon as possible after the case is sent to the Crown Court.

Question 9

What is the test for prosecution disclosure under s 3(1) Criminal Procedure and Investigations Act 1996?

Answer 9

Prosecution must disclose material that might reasonably be considered capable of undermining the prosecution’s case or assisting the defence.

Question 10

Does the prosecution have a continuing duty to disclose evidence?

Answer 10

Yes, throughout the case.

Question 11

What can the accused do if they believe the prosecution is withholding evidence?

Answer 11

Apply for a court order for disclosure.

Question 12

What materials must the prosecution serve in either-way and indictable matters?

Answer 12

Draft indictment, summary of circumstances, all used material (interview accounts, witness statements, criminal record), list of exhibits, initial prosecution disclosure, unused material, and victim impact statement if available.

Question 13

Is there a duty for the defence to disclose their case in Magistrates’ Court?

Answer 13

No duty, but voluntary disclosure statements may be made.

Question 14

Is there a duty for the defence to disclose their case in Crown Court?

Answer 14

Yes, a defence statement must be provided within 28 days of prosecution’s initial disclosure.

Question 15

What may happen if the defence fails to disclose properly?

Answer 15

The court may draw an adverse inference when determining guilt (under s 11 CPIA 1996).

Question 16

Give examples of faults in defence disclosure that may lead to adverse inferences.

Answer 16

Failure to provide a defence statement, late service, incomplete statement, inconsistency with trial defence, or failure to update.

Question 17

What must a defence statement contain (s 6A CPIA 1996)?

Answer 17

Written details of the accused’s defence, factual matters disputed and reasons, and points of law intended to be relied on.

Question 18

What happens at the preparation for trial hearing in magistrates’ court regarding case management?

Answer 18

Court sets directions for trial preparation, identifies issues and disputes, and fixes timetable for disclosure and trial.

Question 19

What is the role of the prosecution regarding disclosure in summary cases?

Answer 19

To disclose early, by the first hearing.

Question 20

What is the significance of unused material in prosecution disclosure?

Answer 20

It must be disclosed if it could assist the defence or undermine prosecution, even if not used as evidence.

Question 21

How does the court deal with disputed issues at case management?

Answer 21

They are identified so that trial focuses on contested facts and legal points.

Question 22

How are bad character and hearsay applications handled pre-trial?

Answer 22

Dates for applications are set during case management directions.

Question 23

What happens if expert evidence is required?

Answer 23

Longer preparation time is allowed (typically 14 weeks).

Question 24

What is the procedure if the prosecution fails to disclose evidence?

Answer 24

Defence can apply for court order; failure to disclose can impact trial fairness and lead to sanctions.

Question 25

What information must be served in the prosecution bundle?

Answer 25

Draft indictment, summary, witness statements, defendant's interview account, criminal record, exhibits, and both used and unused material.

Question 26

What is the practical importance of the defence statement?

Answer 26

Helps focus prosecution and court on issues, prevents surprise at trial, and satisfies procedural fairness.

Question 27

What standard is used for disclosure of evidence by the prosecution?

Answer 27

Material that might undermine prosecution or assist defence, not just evidence relied on.

Question 28

When may the court draw an adverse inference against the defendant?

Answer 28

For failures in disclosure such as late or incomplete defence statements.

Question 29

Are there any special forms used during case management?

Answer 29

Yes, standard forms record directions and key trial preparation details.

Question 30

What happens at the Plea and Trial Preparation Hearing in indictable-only cases?

Answer 30

Defendant is arraigned, may plead guilty or not guilty, judge sets trial date, case management directions, and identifies issues for trial.