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PLEA AND TRIAL PREPARATION HEARING FORM, Exercises of Forensics

The pre-hearing information form must be completed for all cases sent to the Crown Court where a trial is anticipated unless the case is expressly exempted by ...

Typology: Exercises

2021/2022

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FORM - PTPH NG 1
PLEA AND TRIAL PREPARATION HEARING FORM for DCS Page 1 of 12
PLEA AND TRIAL PREPARATION HEARING
PARTIES PRE-HEARING INFORMATION FORM
The pre-hearing information form must be completed for all cases sent to the Crown Court
where a trial is anticipated unless the case is expressly exempted by the CrimPR or CrimPD.
Crown
Court at:
Lyme
T:
PTI URN:LC\2928449T
Defendant
DOB
Principal Charge(s)
Remand Status
Custody Time Limit
Lenny WISE
27/6/-
Burglary (s 9 Theft Act 1968)
Unconditional
Bail
Conditional Bail
Custody
Youth Det.
Remand
Real Issues and Time Estimate: Defence to set out below, so far
as known, the real issues in the case - CrimPR 3.2;3.3;3.11- and
provide provisional time estimate for overall trial length
Streamlined Forensic Reports: Are the
conclusions of any served Streamlined
Forensics Report (SFR1) admitted as fact. If
not identify the disputed issues concerning that
conclusion? CrimPR 19.3. Make clear what is
admitted and what is not admitted.
Maintains eye-witness identification evidence is mistaken and that
he is not guilty of the burlgary. Disputes admissibility of confession
evidence against him on the basis that he was a mentally
vulnerable suspect at the police station with no access to an
appropriate adult nor legal adviser. Forensic evidence linking him
to the burlgarly is disputed.
Choose
Disputed Issues:
Other Proceedings:
Particulars of any associated
CRIMINAL proceedings?
Particulars of any linked FAMILY
proceedings?
pf3
pf4
pf5
pf8
pf9
pfa

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PLEA AND TRIAL PREPARATION HEARING

PARTIES PRE-HEARING INFORMATION FORM

The pre-hearing information form must be completed for all cases sent to the Crown Court where a trial is anticipated unless the case is expressly exempted by the CrimPR or CrimPD.

Crown Court at:

Lyme T: PTI URN:LC\2928449T

Defendant DOB Principal Charge(s) Remand Status Custody Time Limit D1 Lenny WISE 27/6/- Burglary (s 9 Theft Act 1968) Unconditional Bail Conditional Bail Custody Youth Det. Remand

Real Issues and Time Estimate: Defence to set out below, so far as known, the real issues in the case - CrimPR 3.2;3.3;3.11- and provide provisional time estimate for overall trial length

Streamlined Forensic Reports: Are the conclusions of any served Streamlined Forensics Report (SFR1) admitted as fact. If not identify the disputed issues concerning that conclusion? CrimPR 19.3. Make clear what is admitted and what is not admitted. D1 Maintains eye-witness identification evidence is mistaken and that he is not guilty of the burlgary. Disputes admissibility of confession evidence against him on the basis that he was a mentally vulnerable suspect at the police station with no access to an appropriate adult nor legal adviser. Forensic evidence linking him to the burlgarly is disputed.

Choose Disputed Issues:

Other Proceedings: Particulars of any associated CRIMINAL proceedings? Particulars of any linked FAMILY proceedings?

Contact Information: The parties must provide the information required below at the PTPH or if not then available it must promptly be provided to the court and other parties in writing. The court and other parties must be informed of any change and effective cover must be provided for sickness or absence. Legal professionals and investigators must provide CJSM emails. The names of individuals must be given but it is acceptable to provide group email addresses provided that they are effectively monitored and acted upon. If the prosecution or defence have not allocated a trial advocate then the advocate at a hearing or, the prosecution Reviewing Lawyer or the defence solicitor is required to respond to issues in place of the trial advocate.

Court Case Progression Name: Phone: Email: Case Progression Officer: Rachel James 01576-455971 RJones@hannibalsolicitors.co.uk

Prosecution Information Name: Phone: Email: Advocate at PTPH Mrs Sheila Steel 01576-

Advocate for trial Mr Jaswinder Singh 093728-

Reviewing Lawyer Mr Lewis Rowe 01576-

Case Progression Officer (usually Paralegal)

David Williams 01576-

Officer in the Case (or equivalent)

Defence Information Name and Address for Service: Phone: CJSM Email for service: D1 Defence Solicitors (or unrepresented defendant)

Hannibal and Mountford 01576-455971 RJames@hannibalsolicitors.co.uk

Case Progression Officer Funding – Tick  Private Funding ; Legal Rep applied for ; Legal Rep Order granted or Unrepresented Name: Phone: CJSM Email: Advocate at PTPH Ms R James 01576-45597 RJames@hannibalsolicitors.co.uk

Advocate for trial Ms R Stockley

STATE OF PREPARATION AT PTPH

PROSECUTION Yes/No/N/A If not yet served they can be served by/Notes: IND Draft Indictment Yes SUM Summary of circumstances of the offence(s) and of any account given by defendant(s) in interview (this may be in Form MG5). Yes EVI Statements identified by prosecution as being of importance for the purpose of plea and initial case management. Yes

Witness Orders: The judge will review the witness requirements and the witness orders will be given in the Judge’s Orders therefore the names listed here must be repeated there. A witness will not be warned unless he or she is shown as required in the Judge’s orders section. Unless otherwise ordered the Defence must also complete the Standard Witness Table at Stage 2.

Name of witness Required by:

Not disputed by:

Relevant disputed issue etc.

Mark if availability known L Kennedy P Mistaken identification S Lewis P Mistaken identification H Finney P Mistaken identification Sgt Farrington Breaches of Codes of Practice relevant to the itnerview process S Shaw D A Khan D E Mason D C Sutton D J Bradbury D P Reynolds D C Lawton D S Hardacker D

PLEA AND TRIAL PREPARATION HEARING

JUDICIAL ORDERS

This form is the primary record of all orders made at PTPH and all orders of the court at PTPH must be incorporated. Any subsequent variation must be by further order.

Crown Court at:

Lenny WISE T: PTI URN:LC\2928449T

PLEAS

1 Judicial warning and notes of judicial comment (if any)

Credit for Plea

2 Pleas entered at PTPH: NG

3 Reason if not arraigned at PTPH:

PRE-ARRAIGNMENT FCMH

IF REQUIRED

Date:Time Estimate 4 Pre-Arraignment Further Case Management Hearing to resolve: Abuse of Process; Dismissal application; Joinder/Severance. Other:

Defendant not required Defendant must attend Suitable for PVL

Application/skeleton and supporting materials by:

Response and supporting materials by:

minutes

hours

PRE-ARRAIGNMENT FCMH ON

FITNESS TO PLEAD

Date: ^  Time Estimate Fitness to Plead; Defendant not required Defendant must attend Suitable for PVL or Hospital Link

Defence first medical report by:

Prosecution to notify defence if the prosecution do OR do not intend to obtain medical report within 7 days or by:

If Prosecution are to serve medical

minutes

hours

toolkit unless that is superseded by specific ground rules. 7 SAT Where provision is made for a witness by UKLINK or SAT:

Particulars of the link must be provided not less than three weeks before trial - CrimPD 18.23-4): 8 EXP Expert witnesses – CrimPR 19 Expert witnesses of comparable disciplines must liaise and serve on the parties and the Court a statement of the points on which they agree and disagree with reasons no less than 14 days prior to the trial OR by such date as may be inserted here: 9 Other orders about witnesses:

YJCEA 1999 s.28 CASES (where implemented)

10 A s.28 direction is made for the following witnesses and their ABE interviews shall stand as their evidence in chief and they shall be cross examined in advance of the trial: Witnesses: The intermediary’s report shall be filed by: Date: Time:  Time Estimate 11 Ground Rules Hearing Ground Rules Form filed by:

Defendant not required Defendant must attend Suitable for PVL

The intermediary shall attend the Ground Rules Hearing

minutes

hours

12 s.28 Cross-examination Hearing Defendant not required Defendant must attend

minutes

hours

13 Supplemental Orders for s.28 cases

Any intermediary shall attend the hearing. Date for witness to refresh their memory [date]: The officer in the case or another suitable police officer (or investigator equivalent) shall attend during the memory refreshing and make a note of anything said by the witness The judge (and advocates) shall meet the witness on [date}:… The advocates are not to meet the witness without the judge. s.4 Contempt of Court Act 1981 order has been made for the Ground Rules Hearing s.28 hearing The case is allocated to [Judge]: The future management of the case will be under the supervision of the trial judge. Other:

TRIAL Date:^ ^ Facilities required:^ ^ Time Estimate

14 30/9/ Fixture Backer Fixed Floater Warned List commencing.

CCTV

Live Link Satellite Link from: Interpreter for defendant(s) (language): Other

2 days

weeks

15 Certificates of Readiness to be filed by all parties (If no date is inserted then to be 28 days before trial date)

STAGE 1 - UNLESS INDIVIDUAL DATES ARE PROVIDED THE PROSECUTION

SHALL SERVE THE FOLLOWING BY:

Ordinarily 50 days (custody cases) or 70 days (bail cases) after sending.

Date:

ITEM Date : Additional requirements/particulars/directions if any: (^16) EVI Service of prosecution case. 11/7 To include making available ABE transcripts and recordings.

17 DCL Initial disclosure (if not yet served).

18 TV CCTV relied upon. To be served in format compatible with systems available at court. Otherwise party to provide system.

19 IV Written record of defendant’s taped Interview(s) (ROTI).

11/7 Unless otherwise ordered where there is a substantially “no comment” interview a short summary rather than a full transcript is sufficient. In any event the parties are expected to engage pre-trial to agree a summary or editing.

20 IV Audio recording of defendant’s tape interviews(s).

21 999 999 call transcript(s) and recording(s) relied upon. 22 TEL Telephone records to be relied upon. 23 FOR Service of forensic statements (SFR 2 or MG11) that can be served by Stage 1 CrimPR 19.3.

This order only applies where, in relation to SFR1 (or other served summary of expert’s conclusions), the defendant has identified on the PTPH form a conclusion that is not admitted and what the disputed issues are. The SFR2 or MG11 will be limited to those identified issues.

24 BC Bad character notice(s) CrimPR 21

11/7 To include, if to be relied upon, evidence of facts of bad character.

25 HSY Hearsay application(s) CrimPR 20 26 SM Special measures application(s) CrimPR 18 27 Other:

28 Other:

THIRD PARTY DISCLOSURE: It is ordered: Date:

TPD The following areas of third party material have been identified:

29 TPD Prosecution shall either make requests to third party, OR notify defence in writing that it does not intend to make any application for third party disclosure by: 30 TPD Prosecution to apply for any necessary third party disclosure summons by: TPD Prosecution to make any application required to the Family Court by:

ITEM

Date for Service Additional requirements/particulars/directions:

45 DCL Further disclosure. 22/8 Items required to be disclosed under CPIA resulting from or requested by the Defence Statement.

46 EVI Further evidence to be relied upon that could not be served by Stage 1.

47 FOR Forensic science statements (SFR2 or MG11) required as a result of the Defence response to a summary of conclusions (SFR1) - CrimPR 19. 48 EXP Expert medical evidence.

49 EXP Psychiatric evidence.

50 EXP Other (specify) expert evidence.

(^51) SAT Satellite/Live link application(s) CrimPD 18.23- 52 TEL Cell site analysis.

53 INT Intermediary report(s) with draft specific Ground Rules if required. CrimPR 18 & 3.9(7)

For Witness:

54 Other:

55 Other:

STAGE 4 – UNLESS INDIVIDUAL DATES ARE GIVEN IT IS ORDERED THAT THE

DEFENCE SHALL SERVE THE FOLLOWING BY:

Ordinarily 14 or 28 days after Stage 3.

DATE:

ITEM Date: Additional requirements/particulars/directions: 56 DCL Complaint about prosecution non- disclosure

5/9 To comply with s.8 CPIA and CrimPR 15.5.

57 DCL Application(s) for witness summons for Third Party Disclosure if the prosecution indicates at PTPH that it will not be pursuing any TPD issues OR any Defendant is dissatisfied with the outcome of prosecution enquiries.

To comply with CrimPR 17.

58 EXP Defence expert evidence to be relied upon that could not be served by Stage 2 - CrimPR 19

59 BC s.100 or 101 bad character of non- defendant application - CrimPR 21

5/9 Any reply from prosecution or other party to be served within 14 days

60 SXB s.41 Evidence of sexual behaviour application - CrimPR 22

Any reply from prosecution or other party to be served within 14 days

61 SM Response to prosecution intermediary Report(s) - CrimPR 18

62 INT Intermediary report for defendant or defence witnesses with draft Ground Rules

Any reply from prosecution or other party to be served within 14 days

63 SAT Satellite/Live link application(s) CrimPD 18.23- 64 Other:

65 Other:

Trial Preparation (these orders will only be required in more substantial cases)

Prosecution Date Defence Date: Prosecution Opening Note Notice of objections or comments

Prosecution draft agreed facts (admissions) Defence response Prosecution draft jury bundle index Defence response including any requests for the inclusion of additional material Prosecution draft edited defendant’s interview Defence response

Other:

FURTHER MANAGEMENT

IF REQUIRED

Date:   Time Estimate

66 Further Case Management Hearing (including Preparatory Hearing or Pre-Trial Hearing). Particular issues:

Defendant not required

Defendant must attend Suitable for PVL

minutes

hours

67 Pre-Trial Review. The PTR may be vacated on all parties informing the Court CPO in writing that they are fully trial ready and no orders are required.

Defendant not required

Defendant must attend Suitable for PVL

minutes

hours

68 Welfare and Ground Rules Hearing Defendant not required Defendant must attend Suitable for PVL

Not an intermediary case Other:

minutes

hours

ADDITIONAL ORDERS: Date: