if a case in the mags, when will parties be expected to deal with case management issues
at the first hearing, where court will give directions for service of docs between parties and resolve any matetrs of law and set a trial date
when can an application to vary or discharge based on arguments and facts be brought in mags court
if there has been a material change in circumstances or something was not brought to the attention of the court when they made the ruling which could justify variation or discharge
when must evidence be served if mags court sends trial to crown
50 days if d in custody or 70 days if d on bail
draft indictment must be ersved by prosecutor no more than 20 business days after serving of evdience
what does the PTPH consist of
first plea and second either sentence or trial prep stage
what happens if d wants to plead guilty to one but ng to another
pros have to consider how it wishes to proceed
what happens if d is deemed unfit to plead
no plea taken, and court have to hold a trial to determine whether d committed the act
if d unfit to plead and jury finds they committed act what can they be subjected to
absolute discharge, supervision order or hospital order
what are the 4 stage dates
trial date, prosecution evidence, expert evidence and witness requirements
what will standardised directions deal with at trial prep stage
special measures, bad character, witness summons, agreed facts and issues, disputed facts and issues, defence statement, disclosure, d’s interview, hearsay and admissibility and legal issues
difference between used and unused disclosure
used- relied upon at trial
unused- not relied upon at trial
what are the 4 stages of disclosure?
investigation stage (duty to record and retain material during the investigation)
the initial duty of disclosrue on the prosecution
defence disclosure
continuing duty of pros to keep disclosure under review
who will be involved in the retention and recording of relevant material- stage 1
OIC- responsible for directing the investigation and ensuring that porper procedures are in place for recording info and retaining records of info and other material
investigator- any police officer conducting the investigation
disclosure officer- responsible for examining material retaind and revealing material to prosecutor and defence
who will be involved in the retention and recording of relevant material- stage 2
investigator- must follow reasonable lines of enquiry, whether these point towards or away from the suspect and the investigator must be fair and objective
disclosure officers- must inspect, view, listen to or search all relevant material that has been retained by the investigator and must provide a personal declaration this has been done
how long should relevant material be retained for
until at least a decision is taken to continute proceedings. once commenced must be kpet until the end of the case.
if convicted, materual retained until at least d is released from cyustody or if not in custody then 6 months from date of conviction
for appeal- must be retained unitl appeal concluded
the prosecutors initial duty of disclosure
when there is in existence prosecution material which might help the defence then it should be disclosed
when does material not need to be disclosed
material which is supportive of pros case (and they choose to not rely on) pr which is neutral in its effect
when must initial disclosure be given
no later than the beginning of the day of the first hearing
when must unused be disclosed by pros
in mags court only when d pleads NG and case ia djourned for summary trial
in CC when d is sent for trial
in a summary trial when do prosecutors serve disclosed
court will give a date by which pros must serve pros evidence, and if they don’t comply then a date will be given for this to be completed
in a CC trial when do prosecutors serve evidence
should be served in advance of PTPH
what is a defence statement
sets out nature of accused defence
do defence have a duty to disclose?
no
what does the defence statement include
sets out defence, any defences they intend to rely on, matters of fact they take issue with, why, facts they intend to rely on, any point of law they intend to use
if an alibi used, must disclose name address and DOB of them
what are the time limits for serving defence statement
CC- served within 28 days of date when the proseuction complies with its duty of initial disclosure. time limit can be extended
mags- defence statement not compulsoyr, but normally provided within 10 business days of the prosecution complying with initial duty of disclosure
