CASE MANAGEMENT

Question 1

A preliminary hearing at CC must take place within…

Answer 1

10 business days of the date on which the magistrates send the case to the Crown Court.

Question 2

Where a case has been sent for trial and no preliminary hearing is held, the PTPH should take
place within….

Answer 2

20 business days after sending

Question 3

A defence statement must set out what 5 things?

Answer 3

(a) explain the nature of the defence (e.g. alibi or self-defence);

(b) identify which facts are disputed and why;

(c) outline the facts the defence will rely on;

(d) state any legal arguments or authorities to be used; and

(e) if relying on an alibi, give details of any alibi witnesses.

Question 4

If a witness is refusing to come to court, what could be served/issued?

Answer 4

a part 17 court summons

the court will grant if they think witness will give material evidence

Question 5

What does the defendant have to include in their notice about witnesses? What time limit do they have to comply with?

Answer 5

names, addresses, DOB

both in mags and CC

28 days from the date on which the prosecutor sends their notice first

alongside the defence statement

Question 6

A witness statement could be used at trial instead of the witness coming themselves, but only if the statement is…

Answer 6

a. signed and dated
b. declaration of truth
c. copy has been served on other parties
d. no objection in writing within 7 days

Question 7

When should I serve a defence statement?

Answer 7

in mags = within 10 business days
in cc = 20 business days, more if case is complex
of CPS making initial disclosure about unused material

Question 8

preliminary hearing will take place for an offence triable only on indictment if:

Answer 8

1. there are case management issues which the Crown Court needs to resolve;
2. the trial is likely to exceed four weeks;
3. it is desirable to set an early trial date;
4. the defendant is under 18 years of age; or
5. likely guilty plea so defendant could be sentenced at the preliminary hearing.

Question 9

What should I note about giving copies of witness statements?

Answer 9

CPS aren’t entitled to copies of Defence witness statements, just a notice of them, except for expert reports

but they can interview them

Question 10

TSJ - EFFECTIVE AND EARLY CASE PREPARATION

Answer 10

• The CPS must allocate lawyers, include their contact details in the IDPC, and publish it at least 5 days before the first hearing.
• The CPS and defence should communicate before the first hearing, using TEAMS meetings if needed.

Question 11

TSJ - DISCLOSURE OF UNUSED MATERAL

Answer 11

disclosure requirements to be complied with by police in accordance with [the] Attorney General’s Guidelines;

in [anticipated not guilty] cases, early provision of unused material within the IDPC.

Question 12

TSJ - CLEAR EXPECTATION OF EFFECTIVENESS AT FIRST HEARING

In Not Guilty plea cases, for all parties to ensure that there is:

Answer 12

clear identification of trial issues;

clear indication of witness requirements;

remote support and participation of police staff and other investigative bodies

availability of and facilities for the defence

use of indications of sentence

Question 13

CPS should keep unused material if there’s a not guilty plea and it meets the criteria of..

Answer 13

‘might reasonably be considered capable of undermining the case for the prosecution … or of assisting the case for the accused’.

Question 14

D can only make an application of specific disclosure…

Answer 14

after filing their defence statement

if they have reasonable cause to believe there is a statement should’ve been served