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Criminal Practice > Pre-trial: First hearings > Flashcards

Pre-trial: First hearings Flashcards

1
Q

Where do all adults have their first hearing?

A

Magistrates court

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2
Q

When must the first hearing be within where prosecution anticipates a guilty plea at the Magistrates court?

A

14 days of being charged

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3
Q

When must the first hearing be within where prosecution anticipates a not guilty plea or case is likely to go to the crown court?

A

28 days of being charged

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4
Q

When must the first hearing be if the defendant is detained in custody following charge?

A

Must be brought before the next available court

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5
Q

Where is the first hearing for Summary only?

A

Trial and sentence at magistrates

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6
Q

Where is the first hearing for either way?

A
  • Magistrates accept and D consents = trial at MC and sentence MC or CC
  • Magistrates decline or D elects: both at CC
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7
Q

Where is the first hearing for indictable only?

A

Trial and sentence at crown court

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8
Q

What happens if the defendant is on bail and fails to be present at the first hearing (FTS)?

A

Warrant for arrest

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9
Q

Can the court proceed with a first hearing without the defendant?

A

Yes if possible, not usually where hearing will deal with allocation

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10
Q

Is non-appearance an offence if defendant is summonsed to court?

A

No

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11
Q

What is the consequence of defendant not appearing when summonsed?

A

Can proceed
Penalty imposed in absentia

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12
Q

When are the prosecution obliged to serve IDPC and on who?

A

No later than the beginning of the day of the first hearing
Court officer/D and solicitor if requested

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13
Q

What happens if the prosecution fails to serve IDPC?

A

Adjourn first hearing and/or award costs to defence

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14
Q

What needs to be included in the Initial details of the prosecution case?

A
  • Summary of circumstances of offence
  • Any account given by D in interview
  • Written statements + exhibits available/material to plea, trial or sentence
  • Victim impact statements
  • D’s criminal record
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15
Q

What needs to be included in the IDPC where the defendant was in police custody before the first hearing?

A

o Summary of circumstances of offence
o D’s criminal record

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16
Q

Which form will the IDPC assist in filling out?

A

Preparation for Effective Trial form

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17
Q

What happens at the first hearing for summary/either way offences?

A
  • plea
  • bail
  • representation and legal aid
  • might progress to sentence
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18
Q

What happens at the first hearing for indictable only offences?

A
  • Bail
  • Legal aid
  • Sent to Crown Court for plea
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19
Q

What offence will never go to the crown court?

A

Summary only where there is no other offence connected to be tried at crown court

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20
Q

What are the offences that must be sent for trial at crown court if connected to an indictable offence?

A
  • Common assault
  • Assaulting prison/secure training centre officer
  • Taking motor vehicle/other conveyance without authority
  • Driving while disqualified
  • Criminal damage
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21
Q

What are the offences that must be sent for plea only at crown court if connected to an indictable offence?

A

Any summary matter not listed but punishable by disqualification from driving or imprisonment.

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22
Q

What happens if a defendant pleads guilty for a summary only offence?

A

Proceed to sentence

23
Q

What happens if a defendant pleads not guilty for a summary only offence?

A

Court sets trial date
PET form

24
Q

Who monitors the standard directions given by court?

A

Case progression officer

25
Q

What can happen at pre trial hearings?

A

Pre trial rulings

26
Q

Who can apply for a pre-trial ruling?

A

Prosecution, defence, court own motion

27
Q

When is a pre trial ruling binding on a case?

A

Until disposed of by:
- conviction/acquittal
- prosecution decision not to proceed
- dismissal

28
Q

When can the court discharge or vary a pre trial ruling?

A

Interests of justice to do so and parties given opportunity to be heard

29
Q

When can a party apply for a pre trial ruling to be varied/discharged?

A

Material change in circumstances

30
Q

When can a defendant plead guilty by post for summary only offences?

A
  • Commenced by summons or requisition and
  • Prosecution served summary of evidence and
  • Prosecutor served information relevant to sentence
31
Q

What happens at first hearing for EW offences?

A
  • Plea
  • Copy of IDPC
  • Charge written down and read out to D.
32
Q

What plea can D give?

A
  • Guilty
  • Not guilty
  • No indication (not guilty)
33
Q

What must D be warned about if they plead guilty?

A

they can be:
* Sentenced by court or
* Committed to CC for sentence if MC insufficient powers.

34
Q

What must a guilty plea be?

A

Unequivocal

35
Q

Does a sentence have to be passed immediately after a guilty plea for EW offences?

A

No can be adjourned for pre-sentence report

36
Q

When should the magistrates court order a pre sentence report for the crown court?

A
  • Realistic alternative to a custodial sentence or
  • D may be a dangerous offender or
  • other appropriate reason
37
Q

How does the court consider the allocation guidelines?

A
  • Sentencing powers would be insufficient
  • Reasons unusual legal, procedural, factual complexity, should be CC
38
Q

If the magistrates court retains jurisdiction, what does it explain to the D?

A
  • Decided summary trial is more suitable
  • D can consent to be tried summarily, or by jury
  • D can still be committed to CC for sentence
39
Q

Can magistrates commit for sentence at Crown court after trial?

A

Yes

40
Q

How can the defendant ask for an indication of sentence?

A

Can ask for indication if they were to plead guilty instead

41
Q

Does the court have to give an indication of sentence?

A

No, court discretion

42
Q

What is the court confined to regarding indication of sentence?

A

Telling defendant whether custodial or non-custodial

43
Q

What is the effect of a non custodial indication?

A

Binding on magistrates

44
Q

What does the court ask when defendant elects not guilty/no indication?

A
  • If they consent to being tried at MC meaning case adjourned
  • If they want trial by jury = transferred to CC
45
Q

What are the reasons to elect trial on indictment?

A
  • higher acquittal rate
  • Voir dire procedure (separate trial of law and fact)
  • CC doesn’t always sentence more harshly
  • More chance of legal aid
46
Q

What are the reasons to consent to summary trial?

A
  • Less formal
  • Less waiting
  • Quicker
  • Doesn’t require defence statement
  • cheaper
  • Magistrates have to provide reasons
  • Less sentencing powers (however power to commit)
47
Q

What happens if a defendant consents to a sumary trial?

A
  • Progresses as if summary only
  • Sets a trial date
  • Conducts any case management
48
Q

What are the areas of excecption to summary/EW/indictable and what court they will be dealt with?

A
  • Low value shoplifting
  • Criminal damage
  • Complex fraud/child witnesses
49
Q

What is the limit for low value shoplifting and what type of offence will it be classed as?

A

£200 or less
Summary only

50
Q

When will criminal damage be tried in the crown court?

A

More than £5000 or caused by fire

51
Q

What is the max sentence for low value criminal damage?

A

3 months or level 4 fine

52
Q

What are the either way offences that will always be tried in the crown court?

A

Complex fraud
child witnesses

53
Q

What is complex fraud?

A

At least 2 of:
- >£500,000
- significant international dimension
- specialised knowledge of financial/commersical/fiscal/regulatory matters
- numerous victims
- substantial/significant on public body
- public concern

Criminal Practice (23 decks)

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