At the Crown Court - Court Stage - Enforcement Guide (England & Wales)
Practice Direction: Crown Court Plea and Direction Hearings; Lord Taylor of for trial and to provide sufficient information for a trial date to be arranged. Where Where the defendant intends to plead guilty to all or part of the. Minshull Street Crown CourtRapist described as 'every woman's worst nightmare' plunged knife into his mate after ridiculous mix-up over girlfriend's name. Manchester Crown CourtThese 'experienced villains' have committed a with help of criminals told to pay 'gangster tax' bill of £m - or go back to prison.
The materials presented at a sentencing hearing are often entered as exhibits. Sometimes the judge will do this right after submissions. What is a joint submission?
In most cases, a joint submission will have been agreed to by lawyers in a resolution meeting. However, even when the lawyers have a joint submission, the judge does not necessarily have to agree with them and can still give a different type or length of sentence.
In many cases, the judge will agree with the joint submission, but the judge always makes the final decision on a sentence. A Pre-Sentence Report PSR is a report prepared by a probation officer [jump to probation] to help the judge decide what sentence to give.
A case is usually adjourned to allow a probation officer time to prepare the PSR. It usually takes between two and six weeks to prepare.
What is a Victim Impact Statement? A VIS is usually written by the victim. This is done to allow the victim an opportunity to describe how they have been affected by the criminal offence. It can be read aloud by the victim or Crown or simply filed with the court as an exhibit. A person is considered a victim if harm has been done to them or they have suffered a physical or emotional loss because of a criminal offence. Trial Following Allocation to the Crown Court 1.
Your legal adviser should instruct a barrister counsel to draft the indictment, a copy of which you should receive and check for accuracy. The Crown Court must receive the indictment from you within 28 days of the sending of the case, unless an extension of time has been granted.
This information will be needed at the Plea and Trial Preparation Hearing see below. Your legal adviser will usually arrange a case conference with counsel. Counsel will not normally speak directly to witnesses other than experts and you see Pre-Trial - Attendance of witnesses. You may be asked to attend the conference. Additional evidence may be served on the defence and the court after the case has allocated to the Crown Court for trial.
A notice of additional evidence must accompany it. Plea and Trial Preparation Hearing 7. A PTPH takes place in every such case in the Crown Court, and its purpose is to ensure that all necessary steps have been taken in preparation for trial and sufficient information has been provided for a trial date to be arranged.
The judge is required to exercise a managerial role with a view to progressing the case.Woman Still Lived With Ex While Dating Man (Full Episode) - Paternity Court
In addition, the parties are expected to have discussed its contents in advance of the hearing. Usually being the only hearing before trial, it is expected arraignment will occur unless there is good reason why it should not.
In order for this to happen, the indictment should have been lodged seven days before the PTPH 2. If there is a not guilty plea then a trial date will be set and the issues for trial will be determined.
The judge will set a timetable for necessary pre-trial preparation.
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When the trial date is fixed, you should inform the witnesses. You should also notify the Press Office. The Crown Court will normally send a notice of fixture, which you should forward to your legal adviser immediately.
Counsel will specify the contents of the bundle of evidence for the jury. In a case with one defendant, you should prepare 10 copies of this. Where there is more than one defendant, you will need a further two bundles for each additional defendant.
The bundles should be brought to court on the first day of the trial. You may be asked to obtain further statements at court and should have statement forms with you.
You should also ensure you have spare copies of the bundles for the court and the jury, and that you bring all non-documentary exhibits with you to court.
You should supply details of your costs, including witness expenses, to your legal adviser well in advance of the hearing, so that a costs schedule may be prepared. Complex cases that are likely to go to the Crown Court and last more than four weeks should be managed in accordance with the Protocol for the control and management of heavy fraud and other complex criminal cases 4which sets out best practice and gives guidance to investigators, prosecutors, defendants and judges.
Legal Adviser's Office LAO or a solicitor agent will manage cases that fall within the Protocol, the key points of which are as follows: Interviews with suspects and witnesses should be managed effectively to ensure that they are relevant, well structured and of a length which can be properly presented to the court at trial. Interviewees should be provided in advance with relevant information, such as documents you intend to refer to during the interview.
A well structured interview will prevent time being lost in court; Disclosure of material to the defendant should be made in an effective and time efficient manner.