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Criminal practice
Case Management and Pre-trial Hearings
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Created by
Elliot
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Cards (16)
What is the time frame for the prosecution to serve evidence in a summary case at the Magistrates Court?
Within
28 days
of the order
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What must the defence include in their "defence disclosure"?
Any witnesses the defendant wants to call to trial, including their name, address, and date of birth
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In which cases does the defence disclosure apply?
All cases where the defendant
pleads not guilty in magistrates
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How many days does the defence have to make disclosure?
Within 7 days of the order
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How many days does the defendant have to serve a defence statement?
Within
14 days
of the order
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When is the plea and trial preparation hearing held in the Crown Court?
Within
28 days
of the case being sent to
Magistrates
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What happens if the defendant enters a guilty plea during the plea and trial preparation hearing?
The defendant is
sentenced
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What is a ‘goodyear indication’?
An
indication of sentence
that can be requested before
entering a plea
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What occurs if the defendant pleads not guilty during the plea and trial preparation hearing?
A trial date will be set
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How many days does the prosecution have to complete disclosure?
50
days, or
70
days if
on bail
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What is the nature of the prosecutor's duty to disclose evidence?
The prosecutor's duty to disclose is
ongoing
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What should prosecutors do throughout the proceedings regarding material?
They should continue to review material
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What must prosecutors assess regarding police material?
Whether the police material
meets the disclosure test
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Can a single piece of police material meet the disclosure threshold?
No
, a single material might not meet the threshold, but a
group of police material can
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What should prosecutors do with doubtful material?
They should disclose it unless it is sensitive
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What must the defence do after receiving disclosure?
The defence must serve a
defence case statement
within
28 days
of disclosure
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