First Hearings

Question 1

When does the prosecutor need to provide initial details of a case to the court and what must they include?

Answer 1

ASAP and in any event NLT the beginning of the day of the first hearing.
in custody = summary of circs, crim record
not in custody = summary of circs, account given by accused in interview, witness statements, criminal record, statement of effect on victim if av

Question 2

When must an accused be provided with initial details

Answer 2

asap if requested in advance and in any event NLT beginning of day of first hearing

Question 3

what is the purpose of initial details

Answer 3

essential they are sufficient to assist court to identify real issues and give directions for an effective Mags court or Crown Court trial

Question 4

What is the impact of prosecution failure to provide initial details on time?

Answer 4

no specific sanction, court could order to comply or adjourn hearing (+ cost sanction)
if intends to rely on info not provided - cannot do so until D has had time to consider it.
cannot dismiss the charge

Question 5

When may a remand in custody hearing take place in absence of D? (x4)

Answer 5

D has consented to not being present at previous hearing
Legal rep acting - the legal rep need not be present
has not been remanded in absence on more than 2 consecutive occassions prior to present application.
has not withdrawn consent.

Question 6

When can an accused be remanded on bail for a period of greater than 8 clear days ?

Answer 6

where accused and prosecution both agree to longer period.

Question 7

What is the purpose of S50 pre trial hearing and who must be offered one?

Answer 7

Where accused charged at police station, mags offer a pre-trial hearing presided by 1 justice or justices’ clerk who ask whether accused wants to apply for legal aid.
must then accommodate applicaiton and adjourn if necessary.
Justice can remand in custody or bail, clerk can only remand on bail on same terms as previous with consent of parties.
nothing to stop mags holding early admin hearing in all cases where NGP expected.

Question 8

What is the purpose of a prep for trail hearing?

Answer 8

give directions for an effective trial.
if accused present - make them aware of credit for guilty plea, take plea/indication
unless guilty plea - inform accused of trial process - evidence after prosecution, will go ahead in absence, must surrender to custody, name and DOB if necessary

Question 9

What happens at a pre-trial hearing on cases of summary trials?

Answer 9

evidence from prosecution heard, any issues of fitness to plead (hospital orders in lieu of conviction), admissibility of evidence, questions of law, accused to get chance to apply for legal aid. pre-trial rulings may be made.W

Question 10

For what period is pre-trial ruling binding

Answer 10

until case against accused disposed of (by conviction, acquittal, dismissed or discontinued)
any party can apply for variation if change of circumstances.
court can change own ruling - same mags must have reason (cannot be new bench who just disagree)

Question 11

What is normal case management procedure as per CPR where accused pleads NG?

Answer 11

Parties must ID disputed issues and inform court
indicate which witnesses needed to give live evidence
timetable produced by court - and scrutinised if overly long.

Question 12

What is an ambiguous plea and what should court do?

Answer 12

a plea with any qualification - e.g it was an accident, they were attacking me, i was going to give it back, silence
NG plea should be entered for them as otherwise any sentence passed on faulty plea could be appealed

Question 13

What are the benefits or summary/indictment trials

Answer 13

separation of tribunal of fact and law in crown
(acquittal rate higher in crown! )
low sentencing powers in mags (can always be transferred)
faster in mags and less expensive

Question 14

When must a defence statement be served and what should it include?

Answer 14

once case sent to crown court and prosecution case is served.
nature of the defence - any specific defence
matters of fact relied upon and where issue taken with prosecution
any points of law taken including authorities.

Question 15

What is use of defence statement in summary trials

Answer 15

trial on summary - but still may do so
cannot make application for specific disclosure without a defence statement
should be served within 14 days from prosecution disclosure

Question 16

Can justices find an accused guilty of a greater or lesser offence than the one charged? are there any exceptions?

Answer 16

no, must face charge actually before them
yes - driving offences - mags can find someone NG of one and G of another- theft where aggravated charged, lesser of s12 can be convicted.

Question 17

what are the two stages of determining allocation?

Answer 17

ascertain intended plea
if given/indicated NG - consider allocation

special procedure for crim damage - can be carried out in accused absence to determine level

Question 18

what is procedure for taking plea?

Answer 18

1 - charge to be written down and read to accused
2 - court must explain what will happen with either G or NG plea
3- ask for indication of plea
4 - if G - proceed to sentencing if summary offence, or consider sentencing powers of EW.
5 - if NG - allocaiton hearing msut take place

Question 19

what is procedure for determining allocation of EW offence?

Answer 19

1 - prosecution and defence have oppo to give reps (provide crim history as this impacts sentence)
2 - consider allocation inc whether mags have sentencing power, case of each party, allocation guidelines SCG
3 - if summary - explain to accused they can elect CC/could be sent to CC for sentencing
4 - accused can ask for indication of sentence if they pled guilty at that stage - custodial/non-custodial - mags will be bound by non-custodial
5- of accused then pleads G it proceeds to sentence in mags
6 - if accused does not/court refuses to indicate then tried/allocates to CC

Question 20

In what circs can a plea before venue take place in absence of the accused?

Answer 20

• legally represented AND - disorderly conduct would disrupt AND - considered it should proceed

Question 21

How should plea be taken in absence of accused?

Answer 21

representative asked to indicate plea and subsequent sentence OR allocation hearing will go ahead in absence of D if :
- not pacticable to produce, legally repd and disorderly
- accused has consented to it and theres a good reason to go ahead

Question 22

What will new conidtions for accused absence be for Plea before venue or allcoation hearings?

Answer 22

any one of the following
- legal rep present and accused has consented to go ahead
- legal rep present and no acceptable reason for absence
- notice of hearing served a reasonable time in advance and no acceptable reason for FT attend
- accused has appeared previously and no acceptable reason for failure to do so this time

and disorderly conduct

Question 23

What is the power of legitimate expectation in sentencing

Answer 23

where accused has legit expectation their case will not be committed to crown for sentencing - decision to do so could be quashed.

Question 24

What are the main factors mags should consider when thinking about allocation

Answer 24

sentencing powers
complexity - legal, factual, evidential, defence

Question 25

what happens in co-accused cases?

Answer 25

where one allocated to Crown - others must follow where charged at same time and may where subsequent

Question 26

What CD offences are not inlcuded in special procedure for crim damage?

Answer 26

destruction of property by fire, inter/recklessness as to endangering life, destruction/damage to a memorial

Question 27

What is current benchmark for crim damage to be allocated summary/EW

Answer 27

£5000 - this can be reached be aggregating similar offences
accused does not have right to elect CC if mags allocated

Question 28

How is value determined?

Answer 28

where beyond repair - value of replacement
where can be repaired - value of repair
no consequential loss

Question 29

What is ‘low value’ shoplifting

Answer 29

anything less than £200 - summary only - remains right to elect CC
can only be aggregated with other low value offences

Question 30

what is the mags power to commit an offence to crown?

Answer 30

Sentencing Act 2020 - s14 - where power insufficient and offence so serious CC should have power - offender can be committed in custody or on bail to Crown for sentencing

Question 31

In cases where accused indicates GP for EW offence and sent to CC for trial on related offences - what are CCs sentencing powers in relation to EW offence

Answer 31

can exceed mags powers if mags had stated they thought their powers were not sufficient on transfer, offender convicted by CC of one or more related offences

Question 32

What are the primary committal powers

Answer 32

offence committed in breach of conditional discharge
while serving suspended sentence
committal under s14-19

Question 33

Where is an adults first hearing?

Answer 33

mags - where EW/Summary will inidcate plea and indictable will be read charge and sent to CC.

Question 34

When must a case be sent ‘forthwith’ to crown

Answer 34

-indictable only
- EW but CC allocated/elected
- serious fraud or child witness

Question 35

What is the rule in related EW and summary offences

Answer 35

where one related matter sent - summary matter must also go if punishable by disqual from driving or imprisonment
related = same as or connected
court may do say if already sent and later charge brought if same punishment applies

Question 36

where there are co-accused and one elects CC trial - what happens to the other?

Answer 36

MUST send any other co-accused charged with same or related offence

Question 37

what happens if there is a child co-accused

Answer 37

court shall consider whether it is necessary in interests of justice to send to CC

Question 38

what is the presumption when an offence is sent to CC for trial?

Answer 38

adjourned without fixing time and place for resumption

Question 39

what happens if the accused is not present at s51 hearing at mags

Answer 39

may issue warrant for arrest under bail act
failure to attend later trial procedural in nature and CC can go ahead with trial - only issue arises if their presence would have made substantial differencere

Question 40

When does the drafter of an indictment have power to inlcude summary offences?

Answer 40

sent to CC for indictable offence
summary offence found on same facts/evidence OR is part of a series of offences with which accused is charged AND facts were disclosed to mags/the accused

Question 41

what summary offences can be inlcuded on indictment

Answer 41

common assault, assaulting a prison custody officer, secure centre officer, taking motor vehicle wihtout consent, driving while disquald and crim damage

Question 42

would it be appropriate to use live link for a youth hearing?

Answer 42

could be - but rarely appropriate for them to be sentenced over it

Question 43

where an accused pleads G over live link - can court proceed to sentencing?

Answer 43

so long as not contrary to the interests of justice - accused can give evidence too