Criminal Law and Practice - Pre-trial litigation - first hearings: summary only offences

what is the location of the first hearing for all adult D's?

the MC

what must each party actively assist the court in?

furthering the overriding objective

how can each party assist in furthering the overriding objective?

- communication between the prosecutor and D at the first available opportunity and in any event no later than the beginning of the day of the first hearing and after that communication between parties + court officer until conclusion of case

- establishing, among other things:

- D's likely plea

- agreed + disputed facts

- what info or other material is required by 1 party of another and why what is to be done, by whom and when

- reporting that communication to the court

what are the 'initial details' CPR 8?

- must be at the very least include a summary of the circumstances of the offence and the D's criminal record

- if the D is on bail, it will include other documents; it must be supplied to the D if they request it

- the D will be asked to enter their plea

what happens if D pleads guilty for summary only offence?

- the court will proceed to sentence

- the sentence will often be passed immediately but can be adjourned to further info

- the sentence most used by magistrates is a fine

- the max sentence MC can impose for summary only = 6 months imprisonment

what happens if D pleads not guilty for a summary only offence?

- the court will set a trial date

- do any necessary case management to ensure that the trial is effective on that date

- includes completing the case progression form 'Preparation for Effective Trial form' (PET)

what is included in the PET form?

- the D's + legal representative's contact details;

- names, numbers, types of witness and which party requires their attendance at court

- the estimated length of trial

- identification of trial issues

- advance warning whether any applications are made (e.g., special measures, bad character + hearsay)

- whether any prosecution statements can be read

- whether any special arrangements need to be made for anyone attending the trial and

- that the D's advocate has advised D of credit for early guilty plea and that the trial will go ahead in D's absence if D fails to attend trial date

how will the court actively manage the case if there is a not guilty plea?

- setting out what issue(s) at trial will be and which witnesses are required to give live evidence allows the court to actively manage the case

- by ensuring that only those witnesses whom the D want to challenge on their evidence come to court

what is in the timetable for the trial?

- court should set a timetable for trial and an estimate of how long the trial will take

- MC are encouraged to scrutinise w// the utmost vigour at any time estimate in excess of a day for a summary trial

what directions are used about how the parties should prepare the case?

- standard directions should be used

- must be complied w// unless magistrates direct otherwise

- directions (standard or otherwise) usually concern issues pertaining to bad character, hearsay or special measures to protect witnesses when they are giving evidence, disclosure or expert evidence, editing transcripts of interviews and serving certificates of readiness for trial

- MC also has a case progression officer to monitor directions made by the court; in addition, both CPS and defence advocates must indicate a nominated person in their respective offices who will be responsible for complying w// direction

what happens at pre-trial hearings for summary only offences when there is a not guilty plea?

- the court can conduct pre-trial hearings at which pre-trial rulings can be made

- can cover matters e.g., admissibility of evidence and fitness to plead

- rulings can be made on the application of the D or prosecution, or of the court's own motion

a pre-trial ruling is binding until the case is disposed by?

- conviction or acquittal of the D; or

- a prosecution decision not to proceed; or

- the dismissal of the case

can the court discharge or vary a pre-trial ruling and if so, why?

- yes

- if it is in the interest of justice to do so, and the parties have been given an opportunity to be heard

- a party can apply to have a pre-trial ruling varied or discharged only if there has been material change in circumstances

can you plead guilty by post?

- in summary only cases where:

- the matter has been commenced by summons or requisitions; and

- the prosecutor has served a summary of the evidence on which the prosecution case is based; and

- the prosecutor has served info relevant to sentence

how can the D plead guilty by post?

- the D can complete the necessary documentation and plead guilty in writing w//o the need to attend court at all

- the court may accept such a guilty plea and pass sentence in the D's absence

- this procedure is used for minor non-imprisonable offences such as speeding or driving w//o insurance