Plea and Trial Preparation Hearings

Plea and Trial Preparation Hearing (PTPH)

Objective : Should be the only pre-trial hearing.

Purpose :

• Not Guilty Plea : To ensure that all steps necessary for the proper preparation of a case for trial have been taken or are properly timetabled for future attention.

• Guilty Plea : Sentencing to occur.

PTPH Form

Filled out by parties in advance of the hearing. Must be discussed between the parties in advance. Includes :

• Details of availability of P witnesses

• Possible trial dates

• Orders re witnesses : special measure and witness summons

• Orders re disclosure.

• Outstanding legal issues :a applications under bad character and hearsay provisions.

Admissibility of PTPH Form as Evidence

Dierdrick [1997] 1 Cr App R 361 : CoA observed that what was said at the hearing was not expected to form part of the material for trial, and it would rarely be appropriate to refer to it. Where the trial judge was considering the use of such material, counsel should be allowed to address the judge first.

Newell [2012] EWCA Crime 650 : Matters recorded on the form on D’s behalf should not then ordinarily be used as evidence against D through the exercise of the court’s discretion under the PACE 1984, s. 78, even though it is prima facie admissible as an admission by an agent, which is an exception to the hearsay rule.

Valiati v DPP [2018] EWHC 2908 (Admin) : The content of the form was technically admissible, subject to the exercise of the PACE 1984, s. 78, but it was essential that the parties were open in their answers at a hearing such as a PTPH, and that no party ambushed another subsequent to such a pre-trial hearing, and such candour was more likely where the answers given were not liable to be admitted in evidence at a later stage.

Time allowed for a PTPH

Sufficient for for effective trial management, incl. :

• Service of Prosecution Case.

• Preferment of the Indictment.

• Service of Defence Statement.

• Making of any application to dismiss.

Judge must be satisfied that :

(a) The defendant understands that credit will be given for a guilty plea;
(b) What the defendant’s plea is or is to be;
(c) The defendant understands that if there is a trial, this can take place in the defendant’s absence, and the consequences in relation to bail if the defendant were to fail to attend court.

Deadlines

• Initial details provided at least 7 days in advance of PTPH.

  • Summary of Circumstances

  • Any account from D in interviews

  • Mode of trial

  • Victim Impact Statement

  • Any written witness statements material to plea

  • Criminal Record

  • Sentence

• Draft indictment served at least 7 days before PTPH.

• PTPH should take place within 28 days of case being sent to Crown Court.

Structure of PTPH

1. Plea Stage

2. Either :

   1. Trial Preparation Stage

   2. Sentence Stage

PTPH - Plea Stage

Indictment is put to D, D enters plea on either count.

PTPH - Trial Preparation Stage

If D pleads not guilty.

Judge makes directions as needed for case to be prepared for trial.

• Trial Date.

• Prosecution Evidence.

• Witness Summons.

• Witness Requirements.

• Expert Evidence.

• Special Measures.

• Bad Character and hearsay application.

• Agreed facts and issues/ disputed facts and issues.

• Defence Statement.

• Disclosure.

• D’s interview.

Expectation is that no further hearings are required following PTPH.

Stage Dates

Deadlines at which certain stages of the preparation for trial have been completed. Set out in the PTPH to ensure that the case is ready for trial.

Prosecution Offers no Evidence

Two Scenarios :

1. The prosecution have reviewed their evidence since the accused was sent for trial, and have concluded that they cannot properly ask a jury to convict.

2. Offering no evidence on some counts in an indictment may be part of an agreement with the defence under which the accused pleads guilty to other counts.

Indictment Lies on File

Marked as not to be proceeded without leave of the court of of the Court of Appeal. E.g. where the accused pleads guilty to the bulk of the charges (whether contained in one indictment or several) but not guilty to some subsidiary charges.