Preliminary proceedings, case management and disclosure
This domain tests the pre-trial stage: committal in the District Court, case-management directions, and the prosecution's disclosure obligations.
Committal proceedings
For indictable offences, a District Court conducts committal. Prosecution witnesses testify on oath and are cross-examined; exhibits are tendered; the accused is invited to make a statement, not on oath, and may call witnesses. The test is whether there is sufficient evidence to put the accused on trial, not proof beyond reasonable doubt. The court may commit for trial in the High Court or discharge. Discharge at committal is not an acquittal and does not bar a later prosecution on proper evidence.
Case management
Criminal case management in the High Court sets dates for disclosure, applications, witness lists, agreed facts and estimated trial length. Adjournments must be justified by reference to Article 19(1); delay caused by the prosecution should not be visited on the accused.
Disclosure
The prosecution serves the indictment with the summary of evidence and copies of witness statements and documentary exhibits. Disclosure is an incident of the fair-trial right: the accused must have the material needed to prepare. Exculpatory material should be disclosed. The defence should give early notice of alibi particulars and of expert evidence it intends to call.
Worked example
Two weeks before trial the prosecution serves the indictment but no statements; the first witness is a police officer whose statement is the only link to the accused. At the case-management hearing the defence applies for an order for disclosure, alternatively an adjournment, and only as a last resort a stay for irremediable prejudice. Courts rarely stay; the usual order is service within a fixed number of days plus an adjournment. Note the tension with the right to a speedy trial: the delay is the prosecution's and should not be counted against the accused.
Traps that cost marks
- Treating committal as a full trial on the merits.
- Failing to object to non-disclosure at the earliest opportunity and later claiming prejudice.
- Assuming discharge at committal is an acquittal.
- Overlooking the duty to disclose material that undermines the prosecution case.