Pre-trial criminal litigation Flashcards
(303 cards)
1
Q
What do ‘adjournment’ and ‘remand’ mean in court proceedings?
A
Adjournment: When a court case is put off until another day (applies to the case, not necessarily what happens to the person).
Remand: When someone is told to come back to court on another day. They can be either at home on bail or kept in custody (locked up).
2
Q
What is a ‘remand’? Where might someone be during a remand?
A
A ‘remand’ is when someone is told to come back to court on another day. They can be either at home on bail or kept in custody (locked up).
3
Q
If the court is thinking about keeping someone locked up (remanding them into custody)
A
who has to ask for this?
4
Q
What’s the usual rule about whether someone should get bail or be kept in custody? What law says this?
A
There’s a right to bail! This means the court starts by thinking the person should get bail (be released). The Bail Act 1976 says this.
5
Q
In what two situations does the court NOT automatically think someone should get bail?
A
If someone is appealing (asking a higher court to change a decision) their conviction or sentence.
If the Magistrates’ Court (the first court) is sending someone to the Crown Court for sentencing (deciding their punishment).
6
Q
Why would the prosecution want to object to someone getting bail?
A
The prosecution objects if they have reasons to believe the person might:
Not come back to court.
Commit more crimes.
Mess with witnesses or the case.
7
Q
What are the three main reasons the prosecution can object to bail for more serious crimes?
A
The prosecution can say there are good reasons to believe the person will:
Fail to attend court.
Commit further offences.
Interfere with witnesses or the case.
8
Q
How strong do the prosecution’s reasons have to be for these main 3 objections?
A
They need to show there are substantial grounds for believing one of those things will happen. This isn’t a super high bar, but more than just a feeling.
9
Q
Even if the prosecution has a good reason to object using the main 3
A
when might the person still get bail?
10
Q
When can the prosecution usually object to bail for less serious crimes?
A
Usually, only if the person has broken a rule of their bail in the current case or has a past conviction for not showing up to court.
11
Q
What are three other important reasons why someone might not be granted bail?
A
For their own protection.
If the court doesn’t have enough information yet.
If they are already in prison for something else.
12
Q
What are ‘factors’ the court has to think about when deciding on bail? Are these the same as the reasons to object?
A
‘Factors’ are things the court must consider to help them decide if the prosecution’s reasons to object are strong enough. They are not the same as the reasons themselves.
13
Q
Can you name some of the main ‘factors’ the court will consider?
A
How serious the crime is and what the punishment might be.
The person’s background, friends, and ties to the community.
If they’ve failed to follow bail rules in the past.
How strong the evidence against them is.
14
Q
What’s the key thing to remember about the difference between ‘grounds’ and ‘factors’?
A
The court must refuse bail based on a valid legal ground (like the reasons we talked about). They use the factors to help them decide if those grounds are actually met. They can’t just refuse bail because of a bad factor!
15
Q
What duty does someone on bail have?
A
They have a duty to surrender to custody, meaning they have to show up in court at the right time and place. (Bail Act 1976, s3(1))
16
Q
Why might someone offer bail conditions?
A
To try and get bail granted! If there are worries (like someone might run away), conditions can make the court feel better about releasing them.
17
Q
Is there a limit to the conditions a court can set?
A
Technically, no! The court can set ‘such conditions as appear necessary’.
18
Q
What 3 things must the court think about before setting a bail condition?
A
Is the condition relevant, proportionate, and enforceable?
19
Q
What part of the European Convention on Human Rights allows bail conditions?
A
Article 5(3), which says release can be ‘conditioned by guarantees to appear for trial’.
20
Q
Give some examples of common bail conditions.
A
Residence at a specific address, Curfew, Reporting to a police station, Surety, Security, Restrictions on where someone can go, Restrictions on who someone can contact, Electronic monitoring (tagging), Residence at a bail hostel, Surrender of passport
21
Q
What’s a ‘surety’ in bail?
A
Someone who promises to pay money if the person on bail doesn’t come to court. It’s like a friend putting up money to say, ‘I’ll make sure they come back!’
22
Q
What’s ‘security’ in bail?
A
Money or something valuable that the person on bail (or someone for them) gives to the court. If they don’t come back, the court keeps it.
23
Q
Who can apply to change (vary) bail conditions?
A
Either the person on bail (the defence) or the prosecution (the people trying to prove they’re guilty).
24
Q
Where do you apply to change bail conditions?
A
To the court that originally granted bail.
25
What happens if you break (breach) a bail condition?
You can be **arrested**! (Bail Act 1976, s 7(3)) And the court might make the conditions stricter or even take away your bail (remand you in custody).
26
Is breaking a bail condition a crime itself?
No! There's no separate crime of 'breaching a bail condition'.
27
What power does the police have if someone is breaching bail?
The police can arrest someone who is breaching or is about to breach a bail condition.
28
What must happen after someone is arrested for breaching bail?
They must be taken to a Magistrates' Court quickly, and the court decides if they should still have bail.
29
What's the only bail breach that IS a crime?
**Failing to surrender** (not showing up to court when you're supposed to). It can mean a fine or even prison.
30
What happens at the VERY start of a criminal case in the Magistrates' Court?
Someone who's been arrested is brought to court, OR they get a letter (a charge or requisition) telling them to come to court.
31
What's the first big question the court will ask someone at their first hearing?
They'll be asked to enter a **plea**: Guilty or Not Guilty.
32
What happens if they say 'Guilty'?
The court will move on to **sentence** them (decide their punishment). This might happen right away or on another day.
33
What's the most common sentence in the Magistrates' Court?
A **fine**.
34
What's the most prison time the Magistrates' Court can give for a summary-only offence?
A total of **6 months** in prison.
35
What happens if they say 'Not Guilty'?
The court will set a **trial date** for the case to be heard.
36
What's 'case management'?
It's like the court making sure everyone is doing what they need to do so the case runs smoothly.
37
What are the prosecutor and your lawyer supposed to do to help with case management?
Talk to each other early on, figure out what they agree on and what they don't, and share information.
38
What are 'initial details'?
It's information the prosecutor has to give you, including a summary of what you're accused of and your past record.
39
Do you automatically get the 'initial details'?
No, you have to ask for them.
40
What's a 'PET form'?
It stands for 'Preparation for Effective Trial' form. It's a form that gets filled out if you plead not guilty to help plan the trial.
41
What kind of info goes on the PET form?
Contact details, witness names, how long the trial might take, what the arguments will be about.
42
Why does the court want to know which witnesses are needed for trial?
So only the witnesses the defence wants to question have to come to court, saving time.
43
What might the court set to keep the trial on track?
A **timetable** for what needs to happen and how long the trial should take.
44
What are 'standard directions'?
They are usual rules the court has about getting ready for trial, like sharing evidence.
45
What's a 'case progression officer'?
Someone at the court who checks if everyone is following the court's directions.
46
What's a 'pre-trial hearing'?
It's a hearing before the actual trial where the court can make decisions about things like what evidence can be used.
47
Can a decision made at a pre-trial hearing be changed?
Yes, but only if it's fair to do so and everyone gets a chance to speak about it, and usually if something important has changed.
48
Can you plead guilty without even going to court for some minor offences?
Yes, if it's a summary-only case started by a letter, and you've been given the evidence and info about sentencing, you can plead guilty by post.
49
Can the court sentence you if you plead guilty by post?
Yes, they can.
50
What kind of offences might you be able to plead guilty to by post for?
Minor things like speeding or driving without insurance.
51
What's the most important thing to remember about pleading guilty?
Your guilty plea has to be **unequivocal**, meaning you're definitely saying you did it.
52
What happens if you plead guilty?
The court will **sentence** you.
53
What happens if you plead not guilty?
The court will make plans for your **trial**.
54
What's the 'initial details' supposed to help the court do at the first hearing?
Take an **informed view** of the case.
55
What kind of offences are 'either-way' offences?
Crimes that can be tried in either the Magistrates' Court or the Crown Court, depending on how serious they are.
56
What happens at the VERY first hearing for an either-way offence?
You'll be asked to indicate how you want to plead: Guilty, Not Guilty, or no indication (which counts as Not Guilty).
57
What's 'plea before venue'?
It's the part of the first hearing where you say whether you're leaning towards guilty or not guilty for an either-way offence.
58
What warning does the court give you BEFORE you indicate your plea for an either-way offence?
They'll tell you that if you plead guilty, the Magistrates' Court might sentence you OR send you to the Crown Court for a potentially longer sentence.
59
What makes a guilty plea 'unequivocal'?
It means you're saying 'I did it' without any 'buts' or excuses that sound like you might not be guilty after all.
60
What happens if you indicate 'Guilty'?
The court will treat it as a formal guilty plea and will either sentence you or send you to the Crown Court for sentencing if they think their powers aren't enough.
61
What's the most prison time the Magistrates' Court can usually give for ONE offence?
6 months.
62
What's the most prison time the Magistrates' Court can give for TWO OR MORE either-way offences?
12 months total.
63
What's 'committal for sentence'?
It's when the Magistrates' Court decides your case is too serious for them to sentence you, so they send you to the Crown Court for sentencing.
64
What happens if you indicate 'Not Guilty'?
The court will then decide WHERE your trial will be held. This is called **allocation**.
65
What's the general rule for where either-way offences should be tried?
Usually in the Magistrates' Court, UNLESS the likely sentence is too long for them to give OR the case is really complicated.
66
What's an 'allocation hearing'?
It's when the court listens to the prosecutor and your lawyer to decide if the case should stay in the Magistrates' Court or go to the Crown Court.
67
What does the prosecutor usually say at the allocation hearing?
They'll explain the facts, your criminal record, and why they think the trial should be in a certain court.
68
What does your lawyer usually say at the allocation hearing?
They'll give their opinion on where the trial should be held.
69
What happens if the Magistrates' Court says the trial should be in the Crown Court?
Your case is sent to the Crown Court, and you don't get to choose to stay in the Magistrates' Court.
70
What happens if the Magistrates' Court says they can deal with the trial?
They'll explain that you can either agree to be tried there (summary trial) OR choose to have a jury trial in the Crown Court (elect trial).
71
What's an 'indication of sentence'?
It's when you ask the Magistrates' Court what kind of sentence you might get if you pleaded guilty. The court doesn't HAVE to tell you.
72
If the court DOES give an indication of sentence
what can they say?
73
If the court indicates a non-prison sentence and you then plead guilty
is that court stuck with that?
74
What's 'election'?
It's when you choose whether you want to be tried by the magistrates or by a jury in the Crown Court.
75
What should your lawyer advise you about when choosing where to be tried?
They should tell you the pros and cons of being tried in the Magistrates' Court versus the Crown Court.
76
What are some reasons someone might choose to be tried in the Crown Court?
The acquittal rate can be higher, and there's a judge and a jury.
77
What are some reasons someone might agree to be tried in the Magistrates' Court?
It's usually quicker, less formal, and less expensive.
78
What happens if you agree to be tried in the Magistrates' Court?
The case moves forward like it's a summary-only offence, and they'll set a trial date.
79
What happens if you choose to be tried in the Crown Court?
Your case is sent to the Crown Court for trial.
80
What's special about 'low-value shoplifting' (under £200)?
Even though theft is usually either-way, this is treated as summary-only, BUT you still get to choose to go to the Crown Court for trial.
81
What's special about 'criminal damage' (£5000 or less)?
Even though it's usually either-way, this is treated as summary-only and MUST be in the Magistrates' Court (with a lower max prison sentence).
82
What kind of 'either-way' cases ALWAYS go to the Crown Court?
Cases involving really complex fraud or where children might have to be witnesses.
83
What's the key thing to remember about the first hearing for either-way offences?
It's all about figuring out your plea and deciding which court will handle the trial!
84
What happens at the very beginning of a criminal case?
Someone is either arrested and taken to the Magistrates' Court, OR they get a letter telling them to come to court.
85
Where does EVERYONE have their first court hearing?
In the **Magistrates' Court**, no matter what kind of crime they're accused of.
86
What happens AFTER the first hearing depends on what?
It depends on whether the crime is:
* Summary only (least serious)
* Either-way (middle seriousness)
* Indictable only (most serious)
87
What kind of cases are dealt with ENTIRELY in the Magistrates' Court?
**Summary only** cases.
88
What kind of cases CAN be dealt with in the Magistrates' Court
but MIGHT go to the Crown Court?
89
What kind of cases ALWAYS go to the Crown Court?
**Indictable only** cases.
90
How soon does the first hearing have to happen if you're on bail and likely to plead guilty?
Within **14 days** of being officially charged.
91
How soon does the first hearing have to happen if you're likely to plead not guilty
OR if the case might go to the Crown Court?
92
What's an 'early administrative hearing'?
Sometimes, if you've been charged at the police station, the first hearing is just to deal with things like legal aid (help with paying for a lawyer).
93
Who can make decisions about bail at an early administrative hearing?
A **magistrate** (a type of judge).
94
Who can grant bail at an early administrative hearing
but with limits?
95
Does a justices' clerk have the power to keep someone in custody?
No, they can't.
96
Does the accused person have to be at the first hearing?
Yes, usually, either in person or by video link.
97
What happens if the accused person doesn't show up?
The court can issue a warrant for their arrest to make them come to court.
98
Are there ANY exceptions to the rule that the accused has to be there?
Yes, two:
* If you have a lawyer and you're being really disruptive, your lawyer can enter your plea for you.
* If you have a lawyer and there's a good reason you can't be there (like being sick), your lawyer can make decisions about where the trial will be held.
99
What are 'initial details'?
It's information about the case that the prosecutor (the person trying to prove you're guilty) has to give you.
100
What do 'initial details' have to include if you were in police custody right before the hearing?
A summary of what you're accused of and your criminal record.
101
What do 'initial details' have to include in other situations?
A summary of what you're accused of, any statement you gave to the police, witness statements, victim statements, and your criminal record.
102
What's the purpose of 'initial details'?
To give the court enough information to make good decisions about the case, and to help everyone prepare for trial.
103
When does the prosecutor have to give you the 'initial details'?
As soon as possible, and definitely by the beginning of the first hearing.
104
What happens if the prosecutor doesn't give you the 'initial details'?
The court will usually delay the hearing and might make the prosecutor pay some of your legal costs.
105
What are the possible pleas you can enter at a first hearing?
Guilty or Not Guilty.
106
What's an 'unequivocal' guilty plea?
It means you're saying 'I definitely did it,' without any excuses that sound like you might not be guilty.
107
What happens if you say 'Guilty' to a summary-only charge?
The court will sentence you (decide your punishment).
108
What's a 'Newton hearing'?
If there's a disagreement about the FACTS of the case when you plead guilty, the court might have a special hearing to figure out what REALLY happened.
109
What happens if you say 'Not Guilty' to a summary-only charge?
The court will set a date for your trial.
110
What's a 'case progression form'?
It's a form that gets filled out to plan the trial, with details like witness names and how long the trial might take.
111
What happens if you say 'Guilty' to an either-way charge?
The court will decide if they should sentence you, or if the case is too serious and you should be sentenced in the Crown Court.
112
What's 'plea before venue'?
It's the part of the hearing where you say whether you're leaning towards guilty or not guilty for an either-way offence.
113
What happens if you say 'Not Guilty' to an either-way charge?
The court will have an 'allocation' hearing to decide whether the trial should be in the Magistrates' Court or the Crown Court.
114
What's 'allocation'?
It's the process of deciding which court will hear the trial for an either-way offence.
115
What does the court have to think about FIRST when there are multiple defendants or charges?
They have to decide the ORDER in which to deal with everything!
116
What happens if multiple people are charged with the SAME summary-only offence?
Usually, the people who say they're guilty will wait to be sentenced until AFTER the trial of the people who say they're not guilty.
117
What happens if multiple people are charged with the SAME either-way offence?
The court will explain that if ANY of them are sent to the Crown Court, EVERYONE charged with that offence OR a related offence MUST also go to the Crown Court.
118
If there's a mix of guilty and not guilty pleas in an either-way offence with multiple defendants
what happens?
119
What if someone shows up to court LATER
and they're charged with someone whose case is already in the Crown Court?
120
What if ONE defendant pleads not guilty and wants a Crown Court trial?
The Magistrates' Court can send EVERYONE to the Crown Court, even if they wanted to stay in the Magistrates' Court.
121
What happens if multiple people are charged with the SAME indictable-only offence?
EVERYONE goes to the Crown Court.
122
What if someone is charged with ONE summary-only offence AND ONE either-way offence?
The court decides WHERE to try the either-way offence FIRST. If it stays in the Magistrates' Court, EVERYTHING is tried there. If it goes to the Crown Court, it's more complicated...
123
What if someone is charged with ONE summary-only offence AND ONE indictable-only offence (or an either-way going to the Crown Court)?
It depends if the summary offence is 'related' to the more serious offence.
124
If a RELATED summary offence MUST be sent to the Crown Court
what are some examples?
125
If a RELATED summary offence CAN be sent to the Crown Court (for a plea only)
what kind of offence is it?
126
If a summary offence is NOT related to the more serious offence
where is it tried?
127
What happens to a 'related' summary offence that goes to the Crown Court for trial?
The jury will decide if you're guilty or not guilty of it, just like the more serious offence.
128
What happens to a 'related' summary offence that goes to the Crown Court for a plea only?
You'll enter your plea AFTER the trial for the more serious offence. If you plead guilty, the Crown Court can sentence you. If you plead not guilty, the Crown Court usually can't do anything.
129
What happens to an UNRELATED summary offence if the more serious offence goes to the Crown Court?
The summary offence case is usually put on hold until AFTER the Crown Court trial.
130
What happens if someone is charged with BOTH an either-way offence AND an indictable-only offence?
The either-way offence MUST go to the Crown Court too, if they're related.
131
What happens if someone is ALREADY going to the Crown Court and THEN gets charged with ANOTHER related offence?
The Magistrates' Court CAN send that new offence to the Crown Court too, but they don't HAVE to.
132
What can the prosecution do in very serious cases like complex fraud?
They can tell the Magistrates' Court to send the case straight to the Crown Court, without any back-and-forth.
133
If a summary offence is tried in the Crown Court
what's the maximum sentence?
134
What's 'committal for sentence'?
It's when the Magistrates' Court sends you to the Crown Court to be sentenced, even though you were found guilty in the Magistrates' Court.
135
When might the Magistrates' Court send you to the Crown Court for sentencing?
If they think their own sentencing powers aren't enough for how serious the crime was.
136
If you plead guilty to an either-way offence but are going to the Crown Court for trial on ANOTHER charge
can the Crown Court give you a longer sentence?
137
If you're sent to the Crown Court for sentencing on an either-way offence AND you're also found guilty of a LESSER offence
can the Crown Court sentence you for the LESSER offence?
138
What's 'disclosure' in a criminal case?
It's when the prosecution (the side trying to prove you're guilty) has to share certain information they've gathered with you (the defendant).
139
What's 'used material'?
This is the stuff the prosecution WILL use at trial to try and prove their case against you, like witness statements.
140
What's 'unused material'?
This is other stuff the prosecution has but WON'T use at trial, like statements from witnesses they don't believe.
141
Why is 'unused material' important for the defendant?
It might help your case! It could show that the witnesses aren't reliable or that there's another side to the story.
142
What's the 'golden rule' about unused material?
If the prosecution has something that weakens their case or helps yours, they should usually tell you about it!
143
What are the main laws and rules about disclosure?
The Criminal Procedure and Investigations Act (CPIA) 1996 and a Code of Practice.
144
What are the four main stages of disclosure?
1. Recording and keeping evidence. 2. The prosecution's first duty to share. 3. What you (the defence) have to share. 4. The prosecution's ongoing duty to keep sharing if new stuff comes up.
145
What's the job of the 'disclosure officer'?
They look at all the evidence and decide what needs to be shown to the prosecutor and then to you.
146
What kind of stuff has to be recorded and kept during an investigation?
Witness statements, interview records, even things that might make a witness seem unreliable.
147
When does the duty to keep evidence end?
Not until the case is totally finished, including any appeals!
148
What's an 'MG6C form'?
It's a list the disclosure officer makes in Crown Court cases of all the unused material.
149
What's a 'streamlined disclosure certificate'?
It's a simpler list of unused material used in Magistrates' Court cases when you plead not guilty.
150
What's 'sensitive material'?
Stuff that could be really bad for the public interest if it was shared.
151
What's the prosecutor's FIRST duty of disclosure?
They HAVE to share any unused material that might weaken their case against you OR help your case.
152
Is the prosecutor's decision about what to share just their opinion?
No, it's an objective test. If something MIGHT help you, they should share it.
153
What are some examples of unused material that the prosecutor should think about sharing?
Stuff that could help you question a witness, challenge evidence, or explain why you did what you did.
154
Does the prosecutor have to share EVERYTHING they have?
No, only the unused stuff that could help you or hurt their case. They don't have to share stuff that only supports their case or doesn't really matter.
155
What's a 'Disclosure Management Document'?
In big, complicated cases, the prosecution should explain how they plan to share information.
156
When does the prosecution have to give you the 'initial details' (used material) of their case?
By the beginning of the first hearing in court.
157
When does the prosecution's duty to share 'unused material' start in the Magistrates' Court?
Only if you plead NOT GUILTY and the case is going to trial there.
158
When does the prosecution's duty to share 'unused material' start in the Crown Court?
When your case is sent there for trial.
159
What's the 'common law duty of disclosure'?
Even BEFORE they HAVE to by law, a good prosecutor should share important stuff early if it's fair to do so, like helping you prepare your defence or for a bail hearing.
160
What should happen at the first hearing if the prosecution still has evidence to give you?
The court will set a date for them to give it to you.
161
What's a 'Plea and Trial Preparation Hearing (PTPH)'?
It's a hearing in the Crown Court, usually about a month after the case is sent there, to get everything ready for trial, including disclosure.
162
Does the prosecution's duty to share end after the first time?
No! They have to keep looking and sharing if new relevant stuff comes up throughout the whole case.
163
What's a 'defence statement'?
It's a statement you (the defence) might have to give later in the case, explaining your side of things. This helps the prosecution decide if they need to share more.
164
What's a 'defence statement'?
It's a written document where you (the defendant) explain your side of the story and what your defence is.
165
Is a defence statement the same as what you tell your lawyer privately?
No! What you tell your lawyer is private, but the defence statement is shared with the court and the prosecution.
166
Does the defence have to share EVERYTHING that might help their case with the prosecution?
No, the defence statement is just about clearly setting out what your defence is.
167
What kind of information MUST be in a defence statement?
* What your defence is.
* What facts you disagree with the prosecution about.
* WHY you disagree with those facts.
* Details of the facts you WILL rely on for your defence.
* Any points of law you want to raise.
168
What extra details do you have to give if your defence is an 'alibi' (you were somewhere else)?
You have to give the name, address, and date of birth of anyone who can support your alibi, if you know it.
169
Is a defence statement compulsory in the Crown Court?
YES! You HAVE to give one.
170
When do you have to give a defence statement in the Crown Court?
Within 28 days after the prosecution shares their initial evidence with you.
171
Can you get more time to give your defence statement in the Crown Court?
Yes, but only if you ask within the 28 days and the court agrees it's not reasonable for you to do it that quickly.
172
Is a defence statement compulsory in the Magistrates' Court?
NO! You don't HAVE to give one.
173
If you CHOOSE to give a defence statement in the Magistrates' Court
when should you do it?
174
What's the 'Judicial Disclosure Protocol' say about defence statements?
It should be clear and detailed about the facts and the law. Just saying 'I'm innocent' isn't good enough.
175
Does the defence ALSO have to tell the court and prosecution if they're planning to call any witnesses (other than themselves)?"
YES, in both the Crown Court and the Magistrates' Court.
176
What information do you need to give about your defence witnesses?
Their name, address, and date of birth, or any other info that can help find them.
177
Do you need to list your alibi witnesses AGAIN if you've already put them in your defence statement?"
No, you don't need to repeat them.
178
When do you have to give the list of your defence witnesses?
Within 10 business days (Magistrates' Court) or 28 days (Crown Court) after the prosecution shares their initial evidence.
179
What happens if you DON'T give a defence statement in the Crown Court?
The jury can think that's weird and it might hurt your case (but it can't be the ONLY reason you're found guilty). The prosecution can also point it out.
180
What happens if your defence at trial is DIFFERENT from what you said in your defence statement?
The same things can happen – the jury might think it's odd, and the prosecution can comment on it.
181
Can the court stop you from calling a witness if you didn't mention them in your defence statement?"
No, they can't stop you, but the jury might think it's strange that you didn't mention them earlier, and the prosecution can comment on it.
182
What happens if you DON'T give a defence statement in the Magistrates' Court?"
The jury can't draw a negative conclusion because you didn't HAVE to give one.
183
If you DON'T give a defence statement in EITHER the Crown Court OR the Magistrates' Court
what's one big thing you CAN'T do?"
184
Why is it helpful for the defence to give a defence statement?"
It lets the prosecution know what the issues are, so they can review if they need to share any more evidence.
185
Does the prosecution's duty to share evidence end after the first time?
Nope! They have a **continuing duty** to keep looking and sharing relevant stuff right up until the end of the case.
186
What helps the prosecution know what extra things they might need to share later on?
The **defence statement**! It tells them what your defence is.
187
What's an 'application for specific disclosure' (or 'section 8 application')?
It's when you (the defence) ask the court to order the prosecution to share something specific you think they should have already shared.
188
Can you make one of these applications if you DIDN'T give a defence statement?
NO! You usually have to have given a defence statement first.
189
What happens if the prosecution FAILS to share evidence they should have?
It can be a big problem for them! The case might get thrown out, a guilty verdict might be overturned, and they might have to pay costs.
190
What's 'third party disclosure'?
Sometimes important evidence is held by other people or organisations (not the police or prosecution). The prosecution should try to get it if it might help your case.
191
What can the prosecution do if a third party REFUSES to give them evidence?
They can ask the court for a special order (a summons) to make them hand it over.
192
What's 'Public Interest Immunity' (PII)?
It's a fancy way of saying that sometimes the prosecution wants to keep certain sensitive information secret because sharing it could harm the public interest.
193
Can the prosecution just keep secret anything they want under PII?
No! They have to ask a judge for permission to not share it.
194
What will the judge do in a PII application?
They'll look at the secret information and decide if keeping it secret to protect the public is more important than you having it for a fair trial. They'll try to share as much as possible without causing harm.
195
What's a 'Sensitive Material schedule'?
It's a list the investigators make of any secret information they think might need PII. They have to explain why it's sensitive and why it might be important to the case.
196
What are 'pre-trial matters'?
They're all the things that can be sorted out in a court case BEFORE the actual trial starts.
197
Give some examples of 'pre-trial matters'."
Picking a trial date, asking for a witness to come to court, or arguing about legal stuff.
198
Where can 'pre-trial matters' be dealt with?"
At the first hearing, at a special hearing before the trial (like a PTPH), or even on the day of the trial itself before it begins.
199
What's a 'PET form' used for?"
It's a form in the Magistrates' Court to help get the case ready for trial.
200
What usually happens at the first hearing in the Magistrates' Court for simple cases?"
Lots of the pre-trial stuff can be sorted out right then and there.
201
What's a 'Plea and Trial Preparation Hearing' (PTPH)?"
It's a special hearing in the Crown Court to deal with all the things needed to get ready for a trial.
202
Does EVERY case going to the Crown Court have a PTPH?"
YES, it's a must!
203
What's the main goal of dealing with pre-trial matters early?"
To make sure that on the day of the trial, everyone is ready to go without any surprises.
204
What kind of directions might a court give at a pre-trial hearing in the Magistrates' Court?"
When documents need to be shared, and when any legal arguments will be sorted out.
205
If a Magistrates' Court makes a decision about evidence BEFORE the trial
can they change their mind later?"
206
What's a 'sending sheet'?"
It's a form the Magistrates' Court fills out when they send a case to the Crown Court, saying what the charges are and where the trial will be.
207
How quickly does the Crown Court have to have a PTPH after a case is sent from the Magistrates' Court?"
Within 28 days.
208
What's the first part of a PTPH usually about?"
Taking your 'plea' - asking if you're guilty or not guilty.
209
What's it called when the indictment (the list of charges) is read to you and you enter your plea?"
Arraignment.
210
What happens at the PTPH if you plead GUILTY to everything?"
The case moves on to sentencing (deciding your punishment).
211
What happens at the PTPH if you plead NOT GUILTY to everything?"
The court moves on to the 'trial preparation' part of the hearing.
212
What if you plead guilty to some charges but not others?"
The prosecution has to decide what they want to do next - either go to sentencing or prepare for a trial on the other charges.
213
What if a judge decides you're 'unfit to plead'?"
You don't enter a plea. Instead, there's a trial to see if you did the act, but not if you meant to.
214
What are some possible outcomes if someone is found to have done the act but was unfit to plead?"
They might get an absolute discharge (no punishment), a supervision order, or a hospital order.
215
What kinds of things are sorted out in the 'trial preparation' part of the PTPH?"
Trial date, evidence, expert witnesses, which witnesses need to come to court, legal arguments, and lots of other things to get ready for the trial.
216
What's a 'defence statement' and when does it usually need to be given in Crown Court cases?"
It's where you explain your defence, and it's usually given at the second stage of the PTPH.
217
What are 'standardised directions' at a PTPH?"
They're common rules the court uses to make sure things like witnesses needing special help or arguments about bad character are dealt with properly.
218
What should everyone know at the end of the PTPH?"
The date of the trial, the plan for any more work that needs to be done before trial, and if there need to be any more court hearings before the trial.
219
What might happen if someone doesn't follow the court's directions given at a PTPH?"
They might have to come to court and explain why they didn't do what they were told.
220
What happens AFTER the PTPH in the Crown Court?"
Sometimes there are MORE hearings to deal with specific issues, but not always.
221
What are some examples of 'further applications' that might lead to these extra hearings?"
Arguments about evidence, requests for special help for witnesses, or even someone wanting to change their plea.
222
Where can these 'further applications' be made?"
In either the Magistrates' Court or the Crown Court, at the PTPH, at a later hearing BEFORE the trial, or even on the day of the trial itself (except for changing a plea from guilty, which has to be before sentencing).
223
What's an 'application to exclude evidence'?"
It's when the defence asks the court to say that the jury can't hear certain evidence, like if the police did something wrong when they got it.
224
What are 'special measures'?"
They're ways to help witnesses give their best evidence, especially if they're young, scared, or have trouble understanding.
225
Give some examples of 'special measures'."
Screens to hide the witness, a live video link from another room, or having the public leave the courtroom.
226
Who can get 'special measures'?"
All witnesses under 18, witnesses with mental health issues or disabilities, witnesses who are afraid, and victims of sexual offences or modern slavery offences.
227
What's an 'intermediary'?"
It's someone who helps a witness or defendant understand and communicate in court, like if they have learning difficulties.
228
What's a 'witness summons'?"
It's an order from the court for someone to come to court and give evidence, because they're refusing to come voluntarily.
229
What happens if someone ignores a witness summons?"
The court can issue a warrant for their arrest!
230
When can a defendant change their plea from 'not guilty' to 'guilty'?"
Any time before the jury gives their verdict.
231
Is it easy to change your plea from 'guilty' to 'not guilty'?"
No, it's very difficult! The judge will only allow it in very special circumstances.
232
What are some examples of when a judge MIGHT allow someone to change their plea from 'guilty' to 'not guilty'?"
If the prosecution doesn't actually have enough evidence to prove the crime, or if the defendant was pressured or badly advised to plead guilty.
233
What is an 'indictment'?
It's the official written paper that lists all the crimes a person is accused of in the Crown Court.
234
What's a 'count' on an indictment?
Each separate crime listed on the indictment is called a 'count'.
235
Do indictments exist in the Magistrates' Court?
No, indictments are ONLY for the Crown Court.
236
What kind of offences end up in the Crown Court and therefore might have an indictment?"
'Indictable only' offences (the most serious) and 'either-way' offences (middle seriousness) that are going to the Crown Court.
237
What TWO main things must each 'count' on an indictment contain?"
1. A 'Statement of Offence' which names the crime in simple words and says which law it breaks. 2. 'Particulars of Offence' which give the details of what the person is said to have done.
238
If there's more than one crime listed
how should the 'counts' be organised?"
239
What should the indictment say about WHEN the crime happened?"
It should give the date. If the exact date isn't known, it can say 'on or about' a certain date or 'on a day unknown' before a certain date.
240
What kind of charges can be included in an indictment?"
Charges that are basically the same as what the person was sent to the Crown Court for, charges allowed by a High Court Judge or the Court of Appeal, and other charges based on the evidence already shared.
241
Who usually prepares the first version of the indictment?"
The people prosecuting the case (the prosecution).
242
Once a case is sent to the Crown Court
what does a court officer do with the draft indictment?"
243
Does the actual indictment need to be printed out and signed on paper these days?"
Not usually. But if there IS a paper copy for the court, it needs to be marked as a copy and dated.
244
Who is ultimately responsible for making sure the indictment is correct BEFORE the person enters their plea?"
The lawyer for the prosecution (prosecution counsel).
245
Is there a time limit for when the prosecution has to give the indictment to the Crown Court?"
Yes, usually within 20 working days after the evidence is shared or a High Court Judge gives permission.
246
Can this time limit be extended?"
Yes, the Crown Court can make it longer, even if the original time has already passed.
247
If the prosecution wants to add NEW charges that weren't the reason the case was sent to the Crown Court
should they do it quickly?"
248
When should the prosecution aim to have the indictment ready before the first big hearing in the Crown Court (the PTPH)?"
At least seven days before.
249
What's a 'voluntary bill of indictment'?"
It's a special way to get a case into the Crown Court even if the usual process wasn't followed, like if a previous indictment was thrown out.
250
When might the prosecution use a 'voluntary bill of indictment'?"
If they think there are good reasons to still have a trial after a previous attempt failed, like if new important evidence turns up.
251
Can you put more than one charge on a single indictment?
YES! It's called 'joinder of counts'.
252
Does the court ALWAYS have to try all the charges together?
NO! The court can decide to have separate trials for different charges if it thinks it's fairer to the defendant.
253
Why MIGHT a court order separate trials for different charges?"
If trying them together might confuse the jury or unfairly prejudice the defendant.
254
What's an example of charges that are OK to put on the same indictment?"
Charges that come from the SAME event or a series of similar events.
255
What does 'offences founded on the same facts' mean?"
It means the charges are all linked to ONE single event or a continuous action.
256
Give an example of 'offences founded on the same facts'."
If someone drives dangerously and then gets out of the car and attacks someone, you can charge them with BOTH driving dangerously AND assault on the same indictment.
257
Can you include ALTERNATIVE charges on the same indictment?"
YES! This is common. For example, a more serious charge AND a less serious version of the same charge.
258
Why would you include ALTERNATIVE charges?"
So that if the jury isn't convinced the person did the more serious crime, they can still find them guilty of the less serious one.
259
Do the offences have to happen at the EXACT same time to be on the same indictment?"
NO! If one offence leads to another, they can be on the same indictment.
260
What does 'offences that form or are a part of a series of offences of the same or a similar character' mean?"
It means the charges are similar and connected in some way.
261
Give an example of 'offences that form or are a part of a series of offences of the same or a similar character'."
If someone sells drugs on multiple occasions, those drug charges can be on the same indictment.
262
If someone commits a drug offence AND a completely unrelated theft
can they be on the same indictment?"
263
Can you include a MINOR offence on an indictment with a SERIOUS offence?"
Sometimes, YES! But only if they're connected to each other.
264
What are some examples of MINOR offences that can sometimes be on a Crown Court indictment?"
Common assault, taking a car without permission, driving while disqualified, and minor criminal damage.
265
Why would you include a MINOR offence on a Crown Court indictment?"
To save time and avoid having separate trials in different courts.
266
Can you put more than one PERSON on the same indictment?"
YES! It's called 'joinder of defendants'.
267
When is it OK to put more than one person on the same indictment?"
If they committed the crime(s) TOGETHER or if their crimes are closely linked.
268
If two people attack someone together
can they be on the same indictment?"
269
If two people attack someone together
and then they BOTH attack someone ELSE
270
If one person attacks someone
and then LATER that same person attacks someone ELSE
271
When there are multiple people on an indictment
does the jury decide on EACH person separately?"
272
What's 'duplicity' in an indictment?
It's when a single charge tries to accuse someone of MORE than one crime at the same time.
273
Is duplicity allowed?
NO! Usually, each charge should only be about ONE crime.
274
Give an example of an indictment that is 'bad for duplicity'."
If a charge says 'Daniel Parker assaulted Stephen Holmes AND Brandon Okoro', that's wrong. It should be TWO separate charges, one for each person.
275
Are there ANY times when you can include more than one crime in a single charge?"
YES, in limited situations where the crime happens continuously over a period of time.
276
What's an example of a 'continuous offence' where you could include more than one incident in a single charge?"
Stealing money from a till repeatedly over a year.
277
What are 'specimen counts'?"
They're charges that are just EXAMPLES of a crime that happened many times, to avoid listing EVERY single time.
278
Why are specimen counts less common now?"
Because the rules now allow for 'continuous offence' charges, which are often easier.
279
If the prosecution uses specimen counts
what should they also give the defence?"
280
What's an 'overloaded' indictment?
It's an indictment with so many charges that it's confusing and difficult for the jury to understand.
281
What's the problem with an 'overloaded' indictment?"
It can make the trial unfair and harder for the jury to make a good decision.
282
How can you avoid 'overloading' an indictment in a case of repeated similar offences?"
Use 'continuous offence' charges instead of listing every single incident.
283
What can the court do if an indictment contains charges that shouldn't have been included together?"
The court can change the indictment or order separate trials for the different charges.
284
What's an 'application for severance'?"
It's when the defence asks the court to separate charges or defendants that ARE allowed to be together, but the defence thinks it would be fairer to have separate trials.
285
Will the court ALWAYS grant an 'application for severance'?"
NO! The court will only do it if there's a good reason, like if keeping them together would be REALLY unfair.
286
What's an example of when a court might grant an 'application for severance'?"
If one of the charges is very shocking and might make the jury unfairly prejudiced against the defendant on other charges.
287
Can an indictment ever be changed or corrected?"
YES! The court can allow it to be 'amended' at any time, as long as it's fair.
288
When might the prosecution want to 'amend' an indictment?"
If there's a mistake in how a charge is written, or if they want to add or remove charges.
289
Will the court ALWAYS allow an indictment to be 'amended'?"
NO! The court will only allow it if it won't be unfair to the defendant.
290
What happens if a defendant pleads NOT GUILTY at the first hearing in the Crown Court (the PTPH)?"
The prosecution has to prove their case at a trial.
291
What happens if a defendant pleads GUILTY to ALL the charges?"
They are convicted, and the court will move on to sentencing them.
292
What if a defendant pleads GUILTY to SOME charges but NOT GUILTY to others?"
The sentencing for the guilty charges usually happens AFTER the trial for the not guilty charges.
293
What if a defendant offers to plead GUILTY to a LESS SERIOUS crime than what they're charged with?"
If the prosecution agrees, they can either add the less serious charge to the indictment, or the defendant can just plead guilty to that less serious charge if it's a direct alternative.
294
What's a 'direct alternative' offence?"
It's a less serious crime that's basically included within the more serious one. For example, hurting someone without intending to is a direct alternative to hurting them on purpose.
295
Give an example of pleading guilty to a 'direct alternative' offence."
If someone is charged with 'really hurting someone on purpose' (section 18), they might plead 'not guilty to that, but guilty to just hurting them' (section 20).
296
What are the TWO ways the prosecution can deal with the charges the defendant has NOT pleaded guilty to
if they're happy with the guilty pleas?"
297
What happens if the prosecution 'offers no evidence' on a charge?"
The judge will tell the jury (or just record if there's no jury yet) that the defendant is NOT GUILTY of that charge. It's like they were found not guilty at a trial.
298
When would the prosecution 'offer no evidence'?"
If they don't think they have enough proof to get a guilty verdict on that charge.
299
What does it mean to 'lie a count on the file'?"
It means the charge is put on hold and won't be taken forward unless the court gives special permission later.
300
Does 'lying a count on the file' mean the person is found 'not guilty' of that charge?"
NO! It's just put aside, usually permanently.
301
When might the prosecution ask to 'lie a count on the file'?"
If the defendant has already pleaded guilty to some very serious charges, and the other charges are minor and won't really change the punishment.
302
What's the usual timing for getting rid of the remaining charges (either by offering no evidence or lying them on the file)?"
Usually, it happens AFTER the defendant has been sentenced for the charges they pleaded guilty to.
303
Why do they usually wait until AFTER sentencing?"
To stop the defendant from trying to change their guilty plea on the serious charges if the other charges have already been dropped.
