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Bail
What is a pre trial preparation hearing mean in crown court and how long before trial starts is it weeks or months
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PTPH explained here:
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The time scale is really a 'how long is a piece of string' question, with big differences across different courts and types of offence. However it's still fairly unusual for a Crown court case to reach trial within 6 months of the defendant being charged with the offence. (9 to 15 months is more common). So months are probably more likely than weeks between PTPHs and trials in most cases.
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The time scale is really a 'how long is a piece of string' question, with big differences across different courts and types of offence. However it's still fairly unusual for a Crown court case to reach trial within 6 months of the defendant being charged with the offence. (9 to 15 months is more common). So months are probably more likely than weeks between PTPHs and trials in most cases.
PTPHs are purely formalities when the defendant pleads not guilty.
He/she is asked to enter a plea and, when the response is 'Not guilty', the judge has to decide when the trial will take place. In order to do so he usually confers with the prosecution counsel (to find out when the CPS will be ready to take the case to trial), the defence counsel (to check that the defence with have their case ready in time) and, probably most importantly, the court official who books the court rooms and checks that there's a judge available for any relevant dates.
A defendant has the right to bail unless the prosecution can show the court that there are one or more reasons why it should be refused (such as a likelihood that the defendant will abscond or interfere with witnesses). If bail was granted by magistrates when the case was sent to the Crown court it's extremely unlikely that it would then be refused by the Crown court but if, say, the police or the CPS had become aware of the defendant making approaches to witnesses, it might then be refused.
He/she is asked to enter a plea and, when the response is 'Not guilty', the judge has to decide when the trial will take place. In order to do so he usually confers with the prosecution counsel (to find out when the CPS will be ready to take the case to trial), the defence counsel (to check that the defence with have their case ready in time) and, probably most importantly, the court official who books the court rooms and checks that there's a judge available for any relevant dates.
A defendant has the right to bail unless the prosecution can show the court that there are one or more reasons why it should be refused (such as a likelihood that the defendant will abscond or interfere with witnesses). If bail was granted by magistrates when the case was sent to the Crown court it's extremely unlikely that it would then be refused by the Crown court but if, say, the police or the CPS had become aware of the defendant making approaches to witnesses, it might then be refused.
Not only are witnesses not required at PT hearings but they are not permitted to attend.
There is a considerable amount of material to which witnesses are not permitted learn about prior to giving evidence. Among many things, they are not allowed to know what evidence other witnesses might provide; they are not allowed to learn about evidence that may have been ruled inadmissable by the judge; they are not allowed to know the basis of the defence that may be put forward (assuming they are prosecution witnesses). These are all matters which will be discussed at the PT hearing.
At the trial witnesses are also not allowed to enter the court until they are called to give their evidence as they must not see or hear any earlier testimonies. After giving their evidence they can remain in the court (in the public gallery) only when they have been formally released by the court.
There is a considerable amount of material to which witnesses are not permitted learn about prior to giving evidence. Among many things, they are not allowed to know what evidence other witnesses might provide; they are not allowed to learn about evidence that may have been ruled inadmissable by the judge; they are not allowed to know the basis of the defence that may be put forward (assuming they are prosecution witnesses). These are all matters which will be discussed at the PT hearing.
At the trial witnesses are also not allowed to enter the court until they are called to give their evidence as they must not see or hear any earlier testimonies. After giving their evidence they can remain in the court (in the public gallery) only when they have been formally released by the court.
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