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BPTC Law Notes BPTC Criminal Litigation Notes

Preliminary Hearings And Pcm Hs Notes

Updated Preliminary Hearings And Pcm Hs Notes

BPTC Criminal Litigation Notes

BPTC Criminal Litigation

Approximately 1169 pages

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The following is a more accessible 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)

    • should be ordered by mags' or CC only where considered necessary (e.g. case management issues call for one)

      • if necessary:

        • should be held

          • ~14 days after case sent to CC

          • murder: 48 hours

        • Case Progression Prelim Hearing form has to be completed by parties, providing agenda for PH - envisages 3 outcomes:

          • G plea (at PH / subsequently)

          • directions for PCMH; or

          • NG plea fixing of trial date

  • PCMH

    • 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)

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

    • additional pre-trial hearings

      • held only if some compelling reason

      • power to vary, give or revoke direction without hearing should be used instead if necessary

    • standard form for PCMH

      • Qs 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?

          • comply with statutory requirements?

          • if not clear from defence statement, what are real issues?

          • 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?

        • details of expert evidence, why required + by when reasonably practicable to serve?

        • parties completed W list?

          • satisfied all listed Ws needed + if N what is in dispute?

          • satisfied time estimates for Qing Ws realistic + if N what is in dispute?

          • can timetable be fixed now for calling Ws?

        • amendment of indictment required?

        • what matters can usefully be admitted / put into schedules, diagrams, visual aids etc.

      • form has sections dealing with:

        • special measures, young and vulnerable Ds

        • D's interviews: admissibility of interview under caution

        • bad character: any directions necessary?

        • hearsay: directions necessary?

        • admissibility + legal issues: detail any; any pre-trial steps required?

        • timetable of trial: matters to be determined on day which may affect; provisional timetable able to be fixed now?

        • public interest immunity: any 'on notice' application to be made?

    • rulings court may make at hearing

      • court may make binding rulings as to:

  1. any Q of admissibility of evidence

  2. any other Q of law re: the case (s40 CPIA 1996)

    • extent to...

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