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Preliminary Hearings And Pcm Hs Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Preliminary Hearings And Pcm Hs notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

PRELIM HEARINGS AND PCMHS PRELIM HEARINGS + PCMHs

? preliminary hearing (PH) o should be ordered by mags' or CC only where considered necessary (e.g. case management issues call for one)if necessary:should be held

o ~14 days after case sent to CC o murder: 48 hoursCase Progression Prelim Hearing form has to be completed by parties, providing agenda for PH - envisages 3 outcomes:

o G plea (at PH / subsequently) o directions for PCMH; or o NG plea ? fixing of trial date
? PCMH o if mags' does not order PH, must order PCMH to be held within:~14 weeks after case sent for trial (if D in custody)~17 weeks after case sent for trial (if D on bail)

o if D intends to plead NG, effectiveness of PCMH depends on presence of advocate able to make decisions about conduct of case + assist court

o additional pre-trial hearingsheld only if some compelling reasonpower to vary, give or revoke direction without hearing should be used instead if necessary

o standard form for PCMHQs include:D advised on credit for G plea?D warned trial may proceed in his absence?what pleas D offering?pros made statutory disclosure?defence statement served?

o comply with statutory requirements?
o if not clear from defence statement, what are real issues?

o has / will defence make application for disclosure under s8 CPIA i.e. is defence alleging pros has NOT complied with disclosure obligations?what further evidence is to be served by pros + by when reasonably practicable to serve?

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