Summary Criminal Litigation - Preliminaries to trial in the Crown Court
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Course
Bar Practice Course
Institution
University Of Law (ULaw)
1. arraignment, change of plea and pleas to lesser offences
2. pre-trial and plea and trial preparation hearings
3. prosecution offering no evidence and leaving counts to lie on file
4. applications to dismiss
Syllabus 7: Preliminaries to trial in the Crown Court
1. Fitness to plead
[D12.13, D12.16]
If the accused is found unfit to plead and jury determine that the accused did the act or made the
omission as charged, the court may make one of the following orders:
- Hospital order
- Supervision order
- Order for the accused’s absolute discharge.
If the accused is found fit to plead before the calling of any prosecution evidence, the accused will
thereafter be arraigned in the usual way.
2. Arraignment
[D12.53, D12.58, D12.69, D12.70- D12.73, D12.75]
→ Before arraignment, court to confirm with prosecution that the indictment represents the
charges on which it wishes to proceed against the accused.
→ Clerk of court reads out the indictment to the accused and asks whether accused pleads G or
NG
→ Plea must be taken on each count separately. If alternative charge and A pleads to first count,
no need to read out alternative.
a. Plea of not guilty
The A need not formally say ‘not guilty’.
If......
- Silent when arraigned
- Fails to give direct answer
- Enters plea which purports to be one of G but is in fact ambiguous
...the court may and should enter a plea pf NG.
Effect of a NG plea puts Prosecution to proof
b. Plea of guilty
A G plea must be entered by the accused personally.
If G plea is entered:
- Prosecution are released from their obligation to prove their case.
- Prosecution need to call evidence as to the accused’s antecedents and criminal record.
- If material facts are disputed, a newton hearing may be held or the prosecution may allow
sentence to be passed on the basis of the defence version.
Once G plea is entered, the court:
- May pass sentence
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