#10385 - Preliminary Hearings And Pcm Hs - BPC Criminal Litigation (formerly BPTC) 2024/2025

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 which court exercises power matter for court, after considering representations

   • rulings can be varied / discharged only if material change of circumstance since order made AND in interests of justice

   • NO appeal against rulings themselves (BUT D can appeal conviction based on them)

• preparatory hearings

  • CC judge may order on application by a party / on own motion if case appears to be:

1. complex; or

2. serious; or

3. lengthy

such that substantial benefits (re: purposes below) likely to accrue from a hearing rather than waiting till after jury empanelled (CPIA s29)

• same judge should conduct trial AND prep hearing, unless compelling reason

• purposes

1. ID issues likely to be material

2. ID findings likely to be required during trial

3. help jury understand issues

4. expedite proceedings before jury (including applications to exclude evidence e.g. s78)

5. assist judge manage trial

6. consider Qs as to severance / joinder of charges

   • rulings judge empowered to make

1. Qs of admissibility of evidence

2. Q of law re: case

3. Q of severance / joinder of charges

   • judge may order prosecutor to:

1. supply to court + D written case statement (facts of case, Ws, exhibits, law)

   1. if ordered + pros comply, judge may order D to give court + pros written notice of any objections...