Indictments Flashcards
(17 cards)
What is ‘arraignment’ in the Crown Court?
Arraignment is the process where each count on the indictment is read to the defendant at the start of the Plea and Trial Preparation Hearing (PTPH), and D enters a plea of guilty or not guilty.
What happens if the defendant is unfit to plead at the PTPH?
No plea is taken. If the defendant later becomes fit, arraignment proceeds in the usual way. If still unfit, the court holds a trial of the facts to determine whether D committed the actus reus.
What happens if a defendant pleads not guilty?
A plea of not guilty triggers a trial, and the prosecution must prove the offence. If the plea is ambiguous or D remains silent, the court enters not guilty on D’s behalf.
What happens following a guilty plea?
- D stands convicted
- The court moves to sentence
- D’s previous convictions are provided
- Sentence may be immediate or adjourned for reports
- D may be remanded or bailed pending sentence
What if the defendant pleads guilty to only some of the counts?
If the prosecution does not accept those pleas, sentencing is delayed until after the trial on the not guilty counts.
Can a defendant plead guilty to a lesser or alternative offence?
Yes. This may be:
- A direct alternative (e.g. s.20 GBH instead of s.18 GBH with intent), or
- A lesser offence added by amendment to the indictment with the court’s permission
What is a ‘direct alternative’ offence?
An offence included within a more serious offence.
Example: s.20 GBH is a direct alternative to s.18 GBH because it lacks the element of intent.
What are the two ways to deal with an accepted guilty plea to a lesser offence?
- during arraignment
- Prosecution amends the indictment to add the lesser count, and D pleads guilty to that count
What is the procedure if the prosecution accepts a lesser plea and amends the indictment?
- A new count is added
- The judge approves the amendment
- D is re-arraigned and pleads not guilty to the original and guilty to the new, lesser count
What happens to the original count when D pleads guilty to a lesser offence?
The prosecution must decide to either:
- Offer no evidence (results in a not guilty verdict), or
- Ask the judge to let the count lie on the file
What does it mean for a count to ‘lie on the file’?
The count is not pursued, but not formally dismissed. It can only be revived with leave of the court or Court of Appeal — usually remains dormant permanently.
What is the effect of offering no evidence on a count?
The judge (or jury, if sworn) enters a formal not guilty verdict. The count is treated as if D were acquitted at trial.
When should the prosecution offer no evidence?
When there is no or insufficient evidence to prove the count (e.g. lack of intent for s.18 GBH).
When might the prosecution lie a count on the file instead of offering no evidence?
When the prosecution has sufficient evidence but chooses not to proceed (e.g. D has pleaded to more serious offences, or pursuing it is not in the public interest).
What is the practical difference between offering no evidence and lying a count on the file?
- Offering no evidence = D is acquitted
- Lying on the file = Count is paused indefinitely, not dismissed
Why do prosecutors often wait until after sentencing to dispose of remaining counts?
To avoid tactical abuse by the defendant. If counts are dropped too early and D vacates their guilty plea, the prosecution may lose leverage.
What does a sample indictment look like when a lesser offence is added?
It includes:
- Count 1: Original charge (e.g. s.18 GBH)
- Count 2: Lesser charge (e.g. s.20 GBH)
D pleads not guilty to Count 1, guilty to Count 2.
