How can we make progress at a first hearing on a Police Report with no statements? Is it still possible for proper case management to take place?
A. If a not guilty plea is entered, the practice in the past has simply been to adjourn for a full file and deal with issues of service of evidence at a later stage. SP require a move away from this culture to a targeted proportionate preparation in an effort to avoid unnecessary work and disturbance of witnesses. Under the new SP initiative, lawyers and caseworkers will find themselves with a Police Report alone, where a guilty plea had been expected, a Police Report and key non police witness statements where no comment was made in a PACE compliant interview or a Police Report and key evidence where either a not guilty plea was anticipated. Working together, the Court (on whom the duty lies under the Criminal Procedure Rules (CPR)) is required to identify the real issues for trial, assisted by both the prosecution and defence. If a not guilty plea is entered, the reasons for it may be obvious from the file. Whether or not this is the case, the prosecutor should in every case, if the
