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southpaw82
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.
ict_guy
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
southpaw82
The previous rules only applied to plea before venue (ie cases triable either way).
bama
"at, or before, the beginning of the day of the first hearing."

not seven days before ?
jobo
would that be the pre trial hearing

as it says first hearing rather first day of hearing
southpaw82
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.
bama
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 )
southpaw82
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,




bama
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."
southpaw82
No, the above is perfectly correct. Not guilty plea = must do so. Intention only = should do so.
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