7. Preliminaries to Trial in the Crown Court
Arraignment, changes of plea, lesser pleas, preparation hearings, no evidence, counts left on file and dismissal.
How to study for BSB Criminal Litigation
Prepare for a closed-book assessment by linking every power, gateway, burden, procedure and appellate route to its place in the criminal case.
Core concepts
Concept 1
Arraignment records a plea to each count, with separate principles governing ambiguous pleas, later changes and prosecution acceptance of lesser pleas.
Exam cue: Record the status and plea of every count and defendant separately.
Concept 2
Plea and trial preparation hearings define issues, evidence, witnesses, directions and the timetable for an effective trial.
Exam cue: Test whether a proposed lesser plea properly reflects the offending and public interest before acceptance.
Concept 3
Offering no evidence, leaving a count on file and dismissing a sent charge produce different procedural consequences.
Exam cue: Identify whether the prosecution seeks final disposal, dormant preservation or whether the defence seeks dismissal.
Risk pitfalls and guardrails
Treating a count left to lie on the file as an acquittal.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Assuming counsel can accept a lesser plea without the prosecutor's authority and judicial oversight.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Using a dismissal application as if it were the same as a submission of no case after prosecution evidence.
Guardrail: Do not import a current-law change into the assessment merely because it post-dates the syllabus cut-off; use the latest BSB-issued syllabus or amendment for exam scope.
Memory anchors
Arraignment
Put each count and record a clear plea from each defendant.
PTPH
Identify issues, witnesses, evidence, legal applications, directions and trial estimate.
Lesser plea
Consider evidential sufficiency, proper reflection of offending and the public interest.
No evidence
The prosecution invites an acquittal on the count.
Lie on file
The count remains dormant and is not ordinarily revived without court permission or appellate consequence.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
At arraignment, what should the clerk do with an indictment containing three counts?
The defendant says, 'Guilty, but I never intended to cause any injury,' where intent is an element of the count. What should the judge do?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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