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New advance information rules
southpaw82
post Thu, 9 Apr 2009 - 16:02
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From 06 April 2009 there are new advance information rules, replacing those formerly in The Magistrates' Courts (Advance Information) Rules 1985. These new rules form Part 21 of the Criminal Procedure Rules 2005 and apply to summary cases and either way offences.

Part 21

When this Part applies

21.1.—(1) This Part applies in a magistrates' court, where the offence is one that can be tried in a magistrates' court.

(2) The court may direct that, for a specified period, this Part will not apply—

(a) to any case in that court; or

(b) to any specified category of case.

[Note. An offence may be classified as—

(a) one that can be tried only in a magistrates' court (in other legislation, described as triable only summarily);

(b) one that can be tried either in a magistrates' court or in the Crown Court (in other legislation, described as triable either way); or

© one that can be tried only in the Crown Court (in other legislation, described as triable only on indictment).

See the definitions contained in Schedule 1 to the Interpretation Act 1978(7). In some circumstances, the Crown Court can try an offence that usually can be tried only in a magistrates' court.

This Part does not apply where an offence can be tried only in the Crown Court. In such a case, details are served on the defendant after the case is sent for trial. Part 12 contains relevant rules.]



Providing initial details of the prosecution case

21.2. The prosecutor must provide initial details of the prosecution case by—

(a) serving those details on the court officer; and

(b) making those details available to the defendant,

at, or before, the beginning of the day of the first hearing.

Content of initial details

21.3. Initial details of the prosecution case must include—

(a) a summary of the evidence on which that case will be based; or

(b) any statement, document or extract setting out facts or other matters on which that case will be based; or

© any combination of such a summary, statement, document or extract; and

(d) the defendant’s previous convictions.

This post has been edited by southpaw82: Thu, 9 Apr 2009 - 18:00


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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post Thu, 9 Apr 2009 - 16:02
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ict_guy
post Thu, 9 Apr 2009 - 16:16
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QUOTE (southpaw82 @ Thu, 9 Apr 2009 - 17:02) *
Providing initial details of the prosecution case

21.2, 21.3


How does this differ from before? Was there a requirement to provide details of the prosecution case at all before this? I take it all of the evidence still must be made available 7 days before the trial?

Thanks, Dave

This post has been edited by ict_guy: Thu, 9 Apr 2009 - 16:17
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southpaw82
post Thu, 9 Apr 2009 - 16:47
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The previous rules only applied to plea before venue (ie cases triable either way).


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bama
post Thu, 9 Apr 2009 - 17:02
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"at, or before, the beginning of the day of the first hearing."

not seven days before ?


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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jobo
post Thu, 9 Apr 2009 - 17:50
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would that be the pre trial hearing

as it says first hearing rather first day of hearing


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jobo

anyone but Murray, Wish granted for another year,
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southpaw82
post Thu, 9 Apr 2009 - 18:04
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I'd say the first hearing is the original date on the summons (allowing for notified adjournments). There you either:

1. Plead guilty and so don't need the information.

2. Plead not guilty and so do need the information and so will (should) have it. The case is then adjourned for trial/PTR.

Of course, it's not so clear cut for plea before venue cases but we don't get too many of those on here.


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bama
post Thu, 9 Apr 2009 - 18:23
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AIUI just notifying via letter that intend to plead NG is enough to kick in disclosure (ignoring all the usual cps crap).
I can see the CPS using this as yet aother tactic to subvert dislcosure (colour me cynical just this once smile.gif )


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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southpaw82
post Thu, 9 Apr 2009 - 18:44
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QUOTE (bama @ Thu, 9 Apr 2009 - 19:23) *
AIUI just notifying via letter that intend to plead NG is enough to kick in disclosure (ignoring all the usual cps crap).
I can see the CPS using this as yet aother tactic to subvert dislcosure (colour me cynical just this once smile.gif )


The disclosure provisions only come into play once a not guilty plea has been entered - an intention to plead as such is not sufficient (as it can be changed) but the CPS might decide to start disclosure then (but don't have to).


QUOTE (s. 1 The Criminal Procedure and Investigations Act 1996)
(1) This Part applies where—


(a) a person is charged with a summary offence in respect of which a court proceeds to summary trial and in respect of which he pleads not guilty,






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bama
post Thu, 9 Apr 2009 - 19:09
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agreed. but have a rider......

does this change to the procedure rules means the JOINT OPERATIONAL INSTRUCTIONS FOR THE DISCLOSURE OF UNUSED MATERIAL need changing viz:-
"2.161 In summary only matters, there is no requirement to provide schedules unless and until a formal not guilty plea is entered by the accused. However, as soon as the police receive notification of a not guilty plea in such cases, all appropriate disclosure schedules should be prepared and submitted to the prosecutor. This also applies to minor traffic offences."

This post has been edited by bama: Thu, 9 Apr 2009 - 19:10


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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southpaw82
post Thu, 9 Apr 2009 - 19:16
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No, the above is perfectly correct. Not guilty plea = must do so. Intention only = should do so.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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