Pre-trial Procedures Criminal

First Hearing (M Court)

They decide prosecuted cases to determine charges in srs or complex cases + advise police

They also prepare and present cases (like providing info for everyone).

Then they follow the CPS code.

CPS Evidential Stage

Is there enough useable, reliable and substantial evidence for a “realist prospect for conviction”?

CPS Public Interest Stage

Weighs up factors for or against but will usually pass this stage unless public disinterest occurs.

Summary Offences Procedure

D appears in M court and legal rep is provided unless D has personal lawyer.

D will then plead guilty or not (sentence vs trial)

If trial date is set – M will put D on bail or in custody (90%+ plead guilty)

Bail Act 1976

Everyone is entitled unless the D would

• Fail to attend court

• Commit an offence

• Interfere with witnesses

• D’s own protection

Triable Either Way Offences Procedure

Magistrates’ Court Act 1980

D appears in M court and a prelim hearing to decide M or C court

Guilty plea – Plea before Venue

• M will sentence or send to C court (More power)

• If sent to C, M will decide on bail

Not guilty? Mode of Trial

• M considers complexity, nature and srsness of case, powers of punishment, legal rep from defense.

• C court likely – complex questions of law, breach of trust, offences committed by gangs

• If M sends to C, C will sort all pre-trial matters

Indictable Offences Procedure First Hearing

M Court, deals with

• Establishing D’s identity

• Bail or in custody

• D should/shouldn’t receive legal aid for rep

The rest is dealt with by a C judge sitting alone

Indictable Offences Procedure Plea and Trial Prep hearing (PTPH)

Takes place is C court asap after M court

• Arraign the D (take the plea) unless good reason not to

• Set trial date

• ID issues for trial so far known

• Provide a timetable for pre-trial prep

• Give appropriate directions

• Make provisions for FCMH

Indictable Offences Procedure Indictment

• Doc that sets out formally the charges against D

• D may have been sent for trial with specific offences, this may contain further offences found from evidence

• Indictment can have several counts

Indictable Offences Disclosure Rule

Both P and D have to make certain points to each other before trial

• P – set out all evidence, disclose undisclosed material

• D – written statement – nature of defence, legal defences, matters of fact on which issue is taken with the P, any point of law argued, case authority, any alibi and witnesses to support said alibi for police checks