Learning Outcomes
After reading this article, you will be able to explain the purpose and structure of case management in the magistrates' court, including the role of the Criminal Procedure Rules, the function of plea and trial preparation hearings (PTPH), and the duties of disclosure. You will be able to identify the responsibilities of the court, prosecution, and defence in pre-trial directions, and apply these principles to SQE1-style scenarios.
SQE1 Syllabus
For SQE1, you are required to understand magistrates’ court case management from a practical standpoint. Focus your revision on:
- the purpose and operation of case management directions in the magistrates’ court
- the structure and function of plea and trial preparation hearings (PTPH)
- the requirements of the Criminal Procedure Rules (CrimPR) for active case management
- the obligations of the prosecution and defence regarding disclosure of evidence and unused material
- the roles of the court, legal advisers, prosecution, and defence in ensuring an effective trial
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the main purpose of a plea and trial preparation hearing (PTPH) in the magistrates’ court?
- Who is responsible for ensuring compliance with case management directions and what document records these directions?
- What is the prosecution’s initial duty of disclosure in the magistrates’ court?
- True or false? The defence must always serve a defence statement in the magistrates’ court.
Introduction
Case management in the magistrates’ court is designed to ensure that criminal cases are dealt with justly, efficiently, and without unnecessary delay. The court uses case management directions to identify the real issues, set timetables, and ensure all parties are prepared for trial. The Criminal Procedure Rules (CrimPR) provide the framework for these directions, requiring active participation from the court, prosecution, and defence.
Key Term: case management directions Instructions issued by the court to the parties in a criminal case, setting out steps and deadlines to ensure an effective and fair trial.
The Role of the Criminal Procedure Rules (CrimPR)
The CrimPR require the court to manage cases actively. This includes identifying the main issues, setting deadlines, and ensuring that evidence is presented in the shortest and clearest way. The overriding objective is to deal with cases justly, which includes acquitting the innocent, convicting the guilty, and respecting the rights of all parties.
Key Term: Criminal Procedure Rules (CrimPR) A set of rules governing the conduct of criminal cases in England and Wales, requiring courts and parties to manage cases efficiently and fairly.
Plea and Trial Preparation Hearing (PTPH)
The PTPH is a key stage in magistrates’ court case management. It is held after a not guilty plea is entered, or where the court needs to clarify the issues before trial. The PTPH ensures that all parties are ready, directions are given, and the trial can proceed without avoidable adjournments.
At the PTPH, the court will:
- confirm the defendant’s plea
- identify the issues in dispute
- set a timetable for serving evidence and disclosure
- determine witness requirements and any special measures
- record all directions and agreements on a standard form
Key Term: plea and trial preparation hearing (PTPH) A hearing at which the court confirms the plea, identifies the issues, and gives directions to prepare the case for trial.
Worked Example 1.1
Scenario:
A defendant pleads not guilty to assault. The prosecution and defence disagree about whether the defendant was present at the scene. The magistrates’ court holds a PTPH.
Question:
What steps will the court take at the PTPH to ensure the case is ready for trial?
Answer:
The court will identify the disputed issue (presence at the scene), set deadlines for serving evidence, confirm witness attendance, and record all directions on the PTPH form.
Case Management Directions: The PTPH Form
All directions and agreements made at the PTPH are recorded on a standard form (the Magistrates’ Court Trial Preparation Form). This form captures:
- the issues in dispute
- deadlines for serving evidence and disclosure
- witness requirements and special measures
- any applications for expert evidence or legal arguments
The form is signed by the parties and the court, ensuring everyone is clear about their responsibilities and the timetable.
Key Term: Magistrates’ Court Trial Preparation Form The official document used to record case management directions, issues, and deadlines in the magistrates’ court.
Disclosure Obligations
Disclosure is a central part of case management. The prosecution must serve all evidence on which it intends to rely and provide initial disclosure of unused material that might reasonably be considered capable of undermining the prosecution case or assisting the defence.
Key Term: disclosure The process by which the prosecution provides the defence with evidence and material relevant to the case, including unused material.
The defence is not required to serve a defence statement in the magistrates’ court, but may do so voluntarily if it will help clarify the issues or prompt further disclosure by the prosecution.
Worked Example 1.2
Scenario:
The prosecution serves witness statements and CCTV footage. The defence believes there is additional unused material that could assist their case.
Question:
What should the defence do if they believe the prosecution has not disclosed all relevant unused material?
Answer:
The defence should raise the issue at the PTPH or in writing, requesting disclosure of the specific material. The court can direct the prosecution to comply with its disclosure obligations.
The Roles of the Court, Prosecution, and Defence
The court is responsible for ensuring compliance with directions and may impose sanctions for non-compliance. The prosecution must serve evidence promptly, comply with disclosure duties, and assist the court in the interests of justice. The defence must engage actively, identify issues, and prepare for trial in accordance with the directions.
Key Term: active case management The process by which the court and parties take responsibility for progressing the case efficiently, including compliance with directions and deadlines.
Practical Challenges in Case Management
Common challenges include late disclosure, unrepresented defendants, and complex evidence (such as digital material). The court may hold further case management hearings if needed to resolve issues or ensure readiness for trial.
Exam Warning
In the SQE1, you may be asked about the consequences of failing to comply with case management directions or disclosure obligations. Remember that non-compliance can result in adjournments, sanctions, or even the exclusion of evidence.
Revision Tip
Always review the standard directions and deadlines on the PTPH form. Practice identifying the real issues in a scenario and listing the steps needed to prepare for trial.
Key Point Checklist
This article has covered the following key knowledge points:
- The purpose of case management directions is to ensure efficient, fair, and effective trials in the magistrates’ court.
- The Criminal Procedure Rules require active case management by the court and parties.
- The PTPH is used to identify issues, set deadlines, and record directions on a standard form.
- The prosecution must serve evidence and disclose unused material that could undermine its case or assist the defence.
- The defence is not required to serve a defence statement in the magistrates’ court but may do so voluntarily.
- All parties must comply with directions and deadlines; failure to do so can lead to sanctions or adjournments.
Key Terms and Concepts
- case management directions
- Criminal Procedure Rules (CrimPR)
- plea and trial preparation hearing (PTPH)
- Magistrates’ Court Trial Preparation Form
- disclosure
- active case management