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  • Case management hearing?

    can anyone explain to me what a case management hearing is?
    what happens at this hearing? what happens after the hearing? just the general procedure of the court system. trial etc.
    my husband's solicitor has kind of explained but i still don't quite understand the process.

    thanks

  • #2
    If this is "Pre Case Management Hearing" this is where the defendant is asked how he will plead and he gives his pleas officially there and then.

    More often than not applications will be made to the judge for various bits of evidence to be adduced (put to the jury), not adduced, as directed by the judge, and they usually will fix the date for the trial at this hearing too.

    There is no jury at this hearing, it is done in the Crown court where the trial will be held (or should be held) and is usually over in about half an hour or so.
    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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    • #3
      I know it's an old thread but..

      So, something bad is gonna be said about the person in a trial it has to be applied for in the case management hearing?

      I have a trial coming up and, due to the recently dropped allegations, we are trying to adduce her bad character with it for making unsubstantiated allegations of a sexual nature, after initially reporting an assault by myself. (An assault of which did not happen and the alleged witness was not even present when what actually happened took place).

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      • #4
        Bad character applications can be made in any pre trial hearing along with other legal arguments and during the course of the trial itself, I believe.
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

        Comment


        • #5
          So, if we can't get bad character application then we cannot say anything about her detrimental in the trial?

          Comment


          • #6
            I can't say as I have no idea what the evidence will be. You would have to ask the barrister to make an application and see what he or she says about that.

            My reply was about when you can make an application - not whether it will work. You may well be able to bring in certain aspects of her character if they are applicable to the charges against her.
            People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

            PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

            Comment


            • #7
              Case management hearing tomorrow

              Although NFA'd for the bad stuff I still have an ongoing case.

              Got the hearing tomorrow for the trial date, gonna try and apply for bad character as;


              In July she reports (with faked injuries and foney witness) me for assaulting her.

              Then a few days (or weeks) later she reports me for raping her in Jan 11.

              Since the rape has been dropped my sol seems to think that someone would report the rape initially (if true) and not after reporting me for another offence. He seems to think the actually rape allegation may actually make her look silly with regards to credibility.

              I know everyone on here is biased but what do you think?

              Comment


              • #8
                What do you mean, everyone on here is biased?

                In July she reports (with faked injuries and foney witness) me for assaulting her.

                Then a few days (or weeks) later she reports me for raping her in Jan 11.

                Since the rape has been dropped my sol seems to think that someone would report the rape initially (if true) and not after reporting me for another offence. He seems to think the actually rape allegation may actually make her look silly with regards to credibility.
                Sounds like a good argument to me. What happened - did she forget she had been raped 7 months earlier when she reported you for the alleged assault?

                It would certainly show the jury that she is not exactly reliable.
                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                Comment


                • #9
                  Originally posted by JamieG View Post

                  I know everyone on here is biased but what do you think?
                  Well. I'd like to be on the defence side in this case:

                  Ladies & Gentlemen of the jury, the plaintiff had previously accused the defendant of a very serious allegation of rape but after careful and thorough investigation no less than two CPS lawyers have independently concluded that the evidence that she put has forward is not sufficiently robust enough to bring the matter to trial.

                  Should you not therefore conclude that the accusations that she had made prior to this much more serious accusation be treated with the same doubt?


                  Your barrister will probably have to apply to the judge for leave to refer to this previous allegation.
                  'What doesn't kill you makes you stronger'

                  Comment


                  • #10
                    I just mean't biased as all of us tend to stick together.

                    It is just gonna go to magistrates.

                    lowest form of assault but I don't want it as I haven't done it.

                    Another question on Mr X's statement.

                    The girl trusts me very much.

                    When JamieG and I were friends I had to stop him from attacking someone on three occassions when we were out.

                    On the night of the assault I watched as JamieG punched and choked the girl.

                    ///Any thoughts on that? Anyone

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                    • #11
                      Is that all it says? A good defence barrister should make mincemeat of that as he gives no details

                      I'd be surprised if that was admitted into the evidence if that is all he said
                      People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                      PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                      Comment


                      • #12
                        No he says much more than that.

                        But if you read into it it contradicts his nature

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