What Happens Between Being Charged, Pre-Trial And Trial

[RichardE70]

When a person is charged with an offence, I know it can be a number of months before it gets to court.

Is there always a pre-trial before a case is heard in the Crown Court.

Is all the evidence to be used by the defence and prosecution seen by the Judge before the trial starts.

Can evidence be disputed before a trial begins, does the Judge have the final say on the evidence to be used in the trial.

What is Substantive Probative Value of evidence and how is it used, balance between fairness and prejudice.

Thanks

[Buenchico]

Although this Wikipedia link mainly refers to a procedure which has now been abolished in England ('committal'), the section under 'England' rather neatly summarises what currently happens:
http://en.wikipedia.org/wiki/Committal_procedure


>>>Can evidence be disputed before a trial begins, does the Judge have the final say on the evidence to be used in the trial.

Evidence, per se, can't be disputed but the admissibility of certain evidence can be challenged. For example, the prosecution can seek to introduce 'propensity' evidence, detailing the defendant's previous convictions and the defence can seek to show that the application doesn't meet the criteria for such evidence being admitted.

>>>does the Judge have the final say on the evidence to be used in the trial

Obviously (because there's nobody else there who can make such a decision).

Useful links:
http://www.app.college.police.uk/app-content/prosecution-and-case-management/hearing-and-trial-management/#substantive-probative-value

http://www.cps.gov.uk/legal/a_to_c/bad_character_evidence/
(There's also a great deal more on that website which might help you to understand the judicial process).

[New Judge]

There is a significant error in the Wiki article regarding the committal procedure. It says that the committal procedure for serious offences was abolished in 2012. In fact the committal procedure for indictable only offences (i.e. offences which can only be heard in the Crown Court) was abolished long before that. I'm not sure of the exact date but it was certainly at least ten years ago and possibly much longer than that. What was abolished in 2012 was the committal procedure for either way offences (i.e. offences which can be heard either in the Magistrates' Court or the Crown Court). When it has been determined that a case will be heard in the Crown Court (either because the Magistrates have declined jurisdiction or because the defendant has elected a Crown Court trial) the matter is now sent immediately to the Crown Court in the same way as indictable only offences are. When committal hearings were heldA the defendant had the opportunity to argue that the evidence against him was insufficient to support a prosecution and Magistrates could throw out the case at that stage. Such an opportunity was rarely taken and it is now no longer available.