Pre trail matters 2 Flashcards
(21 cards)
What is the Plea and Trial Preparation Hearing (PTPH)?
A mandatory hearing in all cases that takes place in the Crown Court.
What types of matters have no further hearings in the magistrates’ court?
- Indictable only matters
- Triable either way matters where:
- the defendant is sent for trial by the magistrates’ court
- the defendant elects Crown Court trial
What types of further applications may occur after the PTPH?
- Evidence applications
- Special measures
- Measures to assist vulnerable defendants
- Witness summons and warrants
- Changes of plea
What is the purpose of special measures in court?
To assist witnesses in giving evidence, especially for children and vulnerable individuals.
What does the Youth Justice and Criminal Evidence Act (YJCEA) 1999 provide regarding special measures?
It sets out a range of special measures available to assist witnesses.
List examples of special measures available under the YJCEA.
- Use of screens
- Live TV link
- Giving evidence in private
- Removing wigs and gowns
- Video recording of evidence in chief
- Pre-recording cross-examination
- Questioning through an intermediary
- Aids to communication
Who is automatically eligible for special measures?
All witnesses aged under 18 at the time of trial.
What additional categories of witnesses are eligible for special measures?
- Witnesses with a mental disorder or significant impairment
- Witnesses in fear or distress
- Adult complainants of sexual offences
- Witnesses in cases involving serious offences
What are Witness Anonymity Orders?
Measures that protect the identity of witnesses, as per the Coroners and Justice Act 2009.
What is the role of an intermediary in court?
To assist communication of evidence for vulnerable defendants and witnesses.
What is a witness summons?
A court order requiring a witness to attend court on the day of trial or produce a document.
What must be established to issue a witness summons?
- The witness can give material evidence
- It is in the interests of justice
Can a defendant change their plea from not guilty to guilty?
Yes, at any time before the jury returns their verdict.
What is required for a defendant to change a plea from guilty to not guilty?
The defendant must apply to the court for leave, and judges should exercise discretion sparingly.
What are two common scenarios where a plea change may be allowed?
- No evidence of an essential ingredient of the offence
- The defendant was improperly pressured to plead guilty
What happens if a witness disobeys a witness summons?
The court can issue a warrant for the arrest of the witness.
What must the court be satisfied of to allow a vulnerable defendant to give evidence via a live link?
It would improve the quality of the accused’s evidence due to their vulnerability.
What are the consequences of failing to comply with a witness summons?
It can be punishable as contempt of court.
What is the significance of the PTPH in the trial process?
It is a critical stage where further applications and hearings may be determined.
Fill in the blank: Special measures are designed to assist _______ in giving evidence.
witnesses
