The plea and case management hearing is an integral, yet little understood, area of the criminal trial process in UK law. Legal expert Nick Titchener, director and solicitor advocate at London Criminal Defence Solicitors, Lawtons, discusses what a plea and case management hearing is, and what will happen at the hearing.
What is a plea and case management hearing?
The first hearing after committal, a plea and case management hearing is intended to ensure that the correct plea and trial process are followed.
At plea and case management hearing, the judge will decide if enough information has been provided to allow a trial date to be set.
A plea and case management hearing is always heard at the Crown Court.
What happens at a plea and case management hearing?
At a plea and case management hearing, the indictment will firstly be read out. Then the defendant will be asked if they plead guilty or not guilty to each count of the alleged offence.
If the defendant pleads guilty, they may be sentenced immediately, or alternatively an adjournment may be requested to allow pre-sentence reports to be completed. If the defendant pleads guilty to some counts and not guilty to others, sentencing will be adjourned.
If the defendant pleads not guilty to all counts, the prosecution and defence will inform the court of relevant details such as:
- How many witnesses they intend to call
- Any evidence they intend to exhibit
The court will then be given an estimate of how long the trial is likely to run for, alongside when witnesses will be likely to have to attend court.
The judge will ensure sufficient directions are put into place to allow the trial to proceed as soon as possible.
The use of a plea and case management form is mandatory during a hearing.
What happens at a plea and trial preparation hearing (PTPH)?
The initial hearing at Crown Court is known as the ‘Plea and Trial Preparation Hearing’ (PTPH). During this hearing, the court clerk reads the list of charges against the defendant (the indictment) and asks them to enter a plea of ‘guilty’ or ‘not guilty.’ This procedure is also referred to as arraignment.
Do you get sentenced during a PTPH?
If you plead guilty at the PTPH, the judge may either adjourn the case to allow the Probation Service to prepare a Pre-sentence Report, which considers all sentencing options, or proceed directly to sentencing. Before sentencing, the judge will hear details of the offence from the prosecution, followed by submissions and mitigation from the defence. Once the judge has all the necessary information, they will deliver the sentence.
What happens after a plea and trial preparation hearing?
If plea discussions are successful and a plea is accepted, the judge will determine the appropriate sentence. For serious crimes likely to result in imprisonment, the judge may order that you remain in police custody until the sentencing hearing, unless the offence is not severe and you are not considered a risk to yourself or the public.
If you plead not guilty or plea discussions fail, the court will schedule a trial, though delays may occur due to court processes or witness availability.
If a plea of no case to answer or a special plea is made, the defence must submit a written request with supporting evidence before further action is taken.
About the author
Nick Titchener is an expert criminal solicitor with many years of experience. He has handled a wide range of complex legal cases including sexual offences, violence and assault. Nick’s measured, carefully considered approach means he thrives on even the most complicated cases.
He also oversees the overall management of Lawtons Solicitors, which has branches across London, Hertfordshire, Bedfordshire and Essex.
FAQs about Plea and Case Management Hearing?
What is Committal or Allocation?
What is a plea?
What is a case ‘for mention’?
How does a plea and case management hearing differ to a plea and trial preparation hearing?
How long does a Crown Court trial last?
