Crown Court Preliminaries

Question 1

What does it mean to be unfit to plead?

Answer 1

Unable to understand or participate in the trial

Question 2

What orders can be made for someone unfit to plead, but who is found to have committed the act or omission?

Answer 2

hospital order
supervision order
order for absolute discharge

Question 3

What must be in place before a supervision order is made?

Answer 3

the arrangements for supervision

Question 4

What must the court do if someone is found to have committed murder but is unfit to plead?

Answer 4

They must make a hospital order without time limit

Question 5

Who decides whether an accused is fit to stand trial?

Answer 5

The court, without the jury

That is unless the jury have been sworn in before the question is raised. Then they will decide.

Question 6

What is the arraignment?

Answer 6

The reading of the charges to the accused in the crown court

Question 7

Can the arraignment be carried out by videolink?

Answer 7

Yes

Question 8

How does the arraignment operate?N

Answer 8

The clerk reads the indictment, and accepts a plea after each.

If counts are in the alternative, and one is plead guilty to, there is no need to take a plea on the other.

People indicted together are arraigned together, a plea taken from each.

Question 9

Are the jury present for the arraignment?

Answer 9

No

Only told which counts the accused has plead not guilty to

Question 10

When should the crown court hear the plea of a defendant sent by the mags

Answer 10

not less than 10 business days but not more than 80 days after sending

Question 11

Does the accused have to say the words “not-guilty” ?

Answer 11

No - can remain silent or give an answer that is in some way ambiguous

Can give an answer which suggests guilt but implies a defence in law (“someone else made me do it”)

Question 12

What is the effect of a not-guilty plea?

Answer 12

Puts the prosecution to proof of their case.

Question 13

Which facts will the prosecution not have to prove?

Answer 13

Those which are admitted under s.10

Those which are judicially noted

Those which are presumed

Question 14

Who can enter a guilty plea?

Answer 14

Only the accused

Question 15

What is the effect of a guilty plea?

Answer 15

Releases P from an obligation to prove their case.

The court will then either sentence, or adjourn.

If adjourned, accused will be either held in custody or bailed

Question 16

Is there a rebuttable presumption of bail after conviction?

Answer 16

Yes

Question 17

What is the process in the case of a mixed plea?

Answer 17

P can accept the mixed plea and the trial heads to sentence.

Otherwise, offences which have been plead guilty to are adjourned until after the other issues are settled by trial

Question 18

When can the plea of guilty to a lesser offence be entered?

Answer 18

When it would be open to the jury to find the accused guilty of a lesser offence on the facts

Question 19

What happens if a plea of guilty to a lesser offence is accepted?

Answer 19

Treated as acquitted of the greater charge put to them

Question 20

Can the prosecution seek the advice of the judge on whether to accept a plea of guilty to a lesser offence?

Answer 20

Yes - but they are bound by this advice

Question 21

What can the judge do in the case of a plea of guilty to a lesser offence?

Answer 21

Can adjourn to allow prosecution to review the matter. This is done if judge is satisfied that the decision to accept the plea will lead to serious miscarriage of justice

Question 22

Can the accused change their plea?

Answer 22

Yes

Question 23

How can the accused change their plea from NG to G?

Answer 23

Easy to do.

Can be done anytime before a verdict is entered.

D ask for the arraignment to be put again and accused pleads guilty.

Jury are then directed to enter a verdict of guilty if they have been sworn in

Question 24

How can the accused change their plea from G to NG?

Answer 24

Judge has discretion to allow a plea change. This applies even if the original plea was unequivocal.

Question 25

What responses are open to the prosecution to a plea?

Answer 25

Proceed to trial (if NG) Offer no evidence Letting counts lie on the file

Question 26

What happens is the prosecution offer no evidence?

Answer 26

If the jury has not been empanelled, court can (if it thinks fit) order the verdict of NG be entered Otherwise they are usually found NG. Used to help manage plea deals and when there is little chance of success

Question 27

What happens when the prosecution seek to let the counts lie on the file?

Answer 27

Indictment and the counts on it lie on file and are marked as not to be proceeded with until the court or court of appeal give leave Can be used to keep some counts live where there is strong evidence, but other counts have been admitted to. Prevents some counts being dismissed Also protects prosecution in the case of the defence appealing any conviction as they can be restarted.

Question 28

What is the PTPH for?

Answer 28

Sentencing (if guilty plea was entered, or has been indicated) Or making sure the case is ready for trial.

Question 29

What will the PTPH include?

Answer 29

Arraignment Service of prosecution and defence cases Making of any applications relevant (to dismiss, or for evidence etc)

Question 30

What must the judge ensure is true at the PTPH?

Answer 30

That the accused understands that they will get credit for an early plea That D understands that if there is a trial it may take place in their absence D understands the consequences in relation to bail if D were to fail to attend court

Question 31

When must P serve initial details on D?

Answer 31

At least 7 Days before PTPH

Question 32

What must the prosecution ensure they have available at the PTPH?

Answer 32

Availability of p's witnesses to ensure that the trial can be scheduled

Question 33

When can the accused apply for dismissal of a charge?

Answer 33

Between being served with details of the prosecution case and before arraignment. Application can be made orally, but written notice should be given

Question 34

What is the test for dismissal of a charge?

Answer 34

Judge should dismiss any charge if it appears that the evidence against the applicant would be insufficient to ensure a proper conviction. The judge should have regard to the whole of the evidence against the accused, including inferences if they will be appealed to.