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Plea and Trial Preparation Hearings, Study notes of Criminal procedure

Goldsmiths, University of LondonCriminal procedure

All cases sent to the Crown Court after 5th January 2016 will be sent to a Plea and Trial Preparation Hearing. This Introduction and Guidance note has been ...

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PTPH – NOTES FOR GUIDANCE
PTPH Form – Notes for Guidance – October 2015 - Page 1 of 4
PLEA AND TRIAL
PREPARATION HEARINGS
Notes for Guidance
Why the
Change?
There has been a wide perception that Preliminary Hearings in cases
where Not Guilty pleas are expected have been held too early in the
process for the Court to give more than perfunctory orders and that
Plea and Case Management Hearings are either unnecessary or not
held at a time when active case management could be most effective.
The result has been multiple additional hearings and the development
of a range of differing local protocols.
The new Plea and Trial Preparation Hearing (PTPH) and related
procedures will provide a single national consolidated process to be
used in all Crown Courts. It builds on the Transforming Summary
Justice project in the Magistrates’ Courts.
The PTPH:
• Takes place a little later in the process than Preliminary
Hearings. 14, 21 or 28 days after sending (depending on
Circuit) unless, in individual cases, the Resident Judge orders
otherwise;
• Occurs after the Prosecution will have provided substantial
information about the case and obtained details of the
availability of likely prosecution witnesses. In many cases this
should be sufficient to enable the Court to case manage
effectively without the need for a Further Case Management
Hearing (FCMH) before trial.
• Presumes that the parties will have communicated with each
other prior to the PTPH and will continue to do so thereafter.
What the
PTPH should
achieve
An effective PTPH will
• set the trial date;
• identify, so far as can be determined at that stage, the issues
for trial;
• provide a timetable for the necessary pre-trial preparation and
give appropriate directions for an effective trial;
• make provision for any Further Case Management hearing
that is actually required to take place at the time when it can
be of maximum effectiveness.
Why the form?
The form must be used for all cases sent to the Crown Court after 1st
October 2015 where Not Guilty pleas are anticipated. The form is
available on paper and in pdf and Word formats on the Criminal
Procedure Rules pages of the Ministry of Justice website.
The form is intended:
pf3
pf4

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Download Plea and Trial Preparation Hearings and more Study notes Criminal procedure in PDF only on Docsity!

PLEA AND TRIAL

PREPARATION HEARINGS

Notes for Guidance

Why the Change? There has been a wide perception that Preliminary Hearings in cases where Not Guilty pleas are expected have been held too early in the process for the Court to give more than perfunctory orders and that Plea and Case Management Hearings are either unnecessary or not held at a time when active case management could be most effective. The result has been multiple additional hearings and the development of a range of differing local protocols. The new Plea and Trial Preparation Hearing (PTPH) and related procedures will provide a single national consolidated process to be used in all Crown Courts. It builds on the Transforming Summary Justice project in the Magistrates’ Courts. The PTPH:

  • Takes place a little later in the process than Preliminary Hearings. 14, 21 or 28 days after sending (depending on Circuit) unless, in individual cases, the Resident Judge orders otherwise;
  • Occurs after the Prosecution will have provided substantial information about the case and obtained details of the availability of likely prosecution witnesses. In many cases this should be sufficient to enable the Court to case manage effectively without the need for a Further Case Management Hearing (FCMH) before trial.
  • Presumes that the parties will have communicated with each other prior to the PTPH and will continue to do so thereafter. What the PTPH should achieve An effective PTPH will
  • set the trial date;
  • identify, so far as can be determined at that stage, the issues for trial;
  • provide a timetable for the necessary pre-trial preparation and give appropriate directions for an effective trial;
  • make provision for any Further Case Management hearing that is actually required to take place at the time when it can be of maximum effectiveness. Why the form? The form must be used for all cases^ sent to the Crown Court after 1st October 2015 where Not Guilty pleas are anticipated. The form is available on paper and in pdf and Word formats on the Criminal Procedure Rules pages of the Ministry of Justice website. The form is intended:
  • To gather necessary information from the parties;
  • To monitor the extent to which the Prosecution provide information prior to the PTPH;
  • To allow the Court to make and record clear orders timetabling case progression in areas where the need can be anticipated; and
  • To allow the Court to provide for further hearings when they are going to be necessary and most useful. Copies of the completed form will be made available to the parties after the hearing (either on paper or electronically) to ensure the parties have a record of the orders made. Contact Information The provision of contact information is vital to allow proper communication between participants. The Form expressly reminds participants of their duties under the CrimPR. Parties must ensure effective cover for sickness or absence. What the Prosecution will serve prior to the PTPH The usefulness of the PTPH depends on:
  • The lodging no less than seven days prior to the PTPH of a draft trial indictment; and
  • service prior to the hearing of a substantial part of the prosecution case. This is to be served:
    • If the Defendant is on bail – by the sending hearing in the Magistrates’ Court;
    • If the Defendant is in custody – no less than seven days before the PTPH. Details of what is expected to be served are set out in the Practice Direction 3A.12 and 3A.20 and a breakdown appears in the form so that compliance can be monitored. There may be good reasons why the Prosection has not served all the materials listed prior to the PTPH but the Court will usually expect to proceed with the hearing rather than adjourn it. When will a further hearing be required? After the PTPH there will be no Further Case Management Hearing (FCMH) before the trial unless:
  • The Court anticipates a guilty plea;
  • It is necessary to give directions for an effective trial; or
  • A Ground Rules hearing is required (CrimPR 13.3); And the Court directs a FCMH is necessary to further the overriding objective. At the PTPH the Court may order a FCMH but usually will do so only in one of the following cases:
  • Class 1 cases^1 ;
  • Class 2 cases which carry a maximum penalty of 10 years or more; (^1) For classification of Cases see Criminal Practice Direction XIII Listing B: Classification.

Defence materials A third date – for necessary responses to the Defence materials and any further evidence The draft orders have been grouped in a way intended to facilitate such an approach. Directions are numbered and a two or three letter code appears alongside the directions for ease of reference. Directions within the form The form includes a number of standard directions. These have been approved by the Lord Chief Justice and will apply unless the Court expressly orders otherwise. Special measures orders that are not contentious may be made at the PTPH without further formality. Administrative Directions Where further directions are required pre-trial and the parties have not succeeded in resolving matters between themselves, the Court will usually expect to give administrative directions without the need for an oral hearing. What if a party fails to comply with the directions? Compliance Courts All participants have a duty to prepare and conduct the case in accordance with the overriding objective; to comply with the Criminal Procedure Rules, Practice Directions and directions of the Court; and at once to inform the Court and all parties of any significant failure (CrimPR1.2) If a party fails to comply with a case management direction then that party may be required to attend the Court to explain the failure. Unless otherwise directed a defendant in custody and other parties to the case will not usually be expected to attend (CrimPD I 3A.23; 26-

What if the Defendant is expected to plead guilty? The form is intended for those who will be pleading Not Guilty. If, after sending, the Defendant decides to plead guilty the Defendant should not wait for the PTPH but instead inform the Court and apply, if it is justified, for the preparation of a Pre-sentence Report identifying the issues such a report is needed to address. The Court will consider that request administratively and may adjourn the case for a Plea and Sentence hearing on a date by which any report that has been ordered will be available. A Court ordering the preparation of a Pre-sentence Report will usually direct a “Fast Delivery Style” report unless good reason for a full report has been identified. Improving the Form Court users who would like to propose adjustments to the form or to suggest additional, or re-phrased, standard orders are encouraged to make suggestions to info@............................