Pre trial hearing at magistrates

[PaulSabin]

Is it like the actual trial itself, do I need to stand up and give my evidence. Will the prosecution witness be there giving his evidence? I'm finding it hard to find out what actually is involved. I think I'd like to say everything there & then. I think it would be thrown out if possible at this stage. But I worry if I give away the details of my defence, that the witness who has already massaged his statements to fit in with my correspondance and accounts and things I have brought up with him, will know what I will be looking to challange on the day and will come prepared with more massaged replies.

[New Judge]

A major shortcoming of court procedures is that unrepresented defendants are often left wondering, as you are, what�s going on.

Many magistrates try to explain what happens next in the proceedings, but many do not.

The purpose of a pre-trial review (PTR) is to establish the nature of the prosecution and defence cases (inasmuch as what type of evidence and how much of it will be presented). This allows the appropriate court time to be set aside and also ensures that any special facilities (video/DVD players, screens for vulnerable witnesses, video linkups, etc.) are in place on the day. Also discussed is the availability of all the witnesses involved.

No evidence is presented, no magistrates are present (it is presided over by the court�s Legal Advisor), no witnesses are present. In fact, if the defendant is represented by a solicitor his attendance is usually excused.

Nothing that happens at the PTR will prejudice your case. It is purely an administrative hearing to make sure that the right amount of court time is available and that all facilities are in place.

After the PTR both sides have to sign a �Certificate of Readiness for Trial� saying that all is well to proceed to the trial itself.

Hope this helps.

[PaulSabin]

It helps a great deal thanks.

[PaulSabin]

New judge, Can I question the offering of their witness given that he is the sole one and he has directly contradicted himself on his Contemperaneous PACE notes and on his sworn statement of evidence?

[Annlinda]

Sorry to disagree New judge but in Mags court a PTR is chaired by a Magistrate .In our courts case just one who is specially trained but in others it can be a full bench. We usually get the defendant to appear so that they are aware of the trial date, time set aside for the case to be heard and be bailed to that date. Easier to issue a warrant nbbb if the defendant chooses not to turn up.

[New Judge]

Well, Annlinda, In my neck of the woods magistrates never preside over PTRs. There�s simply no need. Defendants are usually excused attendance if they are represented. Their bail is extended to the PTR date, and then further extended to the trial date from the PTR. This creates no more problems with non-attendance than if they are asked to appear. Unrepresented defendants, of course, must appear at the PTR.

PaulSabin � the idea of the trial is to test the reliability of each side�s evidence. If there are discrepancies as you suggest these must be highlighted by your side. You really need to take some advice on how this is to be achieved if you are conducting your own defence.

[Annlinda]

New judge..would be interested in the area you sit...meet you on mags website?

[New Judge]

I never said I was a magistrate, AnnLinda!

[Annlinda]

Oh sorry....crown court judge?

[PaulSabin]

Thanks again.

[New Judge]

I nver said that either!

No point in continuing to guess, AnnLinda, as I'll not say whether you're right or wrong!