9.4 Early trial Procedures

Question 1

Summary only offences

Answer 1

Lessor offences
Tried in magistrates court

Question 2

Indictable offences are tried

Answer 2

In the crown court
More serious offences

Question 3

Indictable offences are split into

Answer 3

Indictable only (which means they must be tried in the Crown Court) OR
either-way offences (tried in the Crown Court or Magistrates Court)

Question 4

Criminal damage will be tried where if under £5000

Answer 4

Magistrates as a summary only

Question 5

Criminal damage (value £5,000 or more) is a

Answer 5

Either way offence
Tried in the Crown or Magistrates Court

Question 6

Burglary is normally a

Answer 6

Either way offence but will be indictable if a person was subject to violence or the threat of violence

Question 7

First hearing takes place in

Answer 7

The Magistrates Court

Question 8

Welsh language

Answer 8

CPR provides that there must be a right to proceed in Welsh without restriction during a trial

Question 9

Magistrates court and the requirement for Welsh v Crown

Answer 9

No requirement for notice to arrange a translator etc
Crown court required notice

Question 10

Representation order

Answer 10

Provides financial assistance for funding defence representation in criminal courts

Question 11

How does a legal representative apply for a representation order

Answer 11

1) application form
2) financial statement

Question 12

The test for a magistrates court representation order

Answer 12

Defendant must pass two tests:
1) Marists test / interest of justice
2) means test

Question 13

What does the interest of justice test essentially mean

Answer 13

Means a representation order will only be granted if the court considers the case to be serious enough to warrant full legal representation

Question 14

As a general rule with representation orders non-imprisonable offences will not

Answer 14

Pass the first test of the interest of justice

Question 15

An indictable only offence and the interest of justice test in the representation order

Answer 15

Would always pass the first test

Question 16

Means test in the Magistrates Court - criteria

Answer 16

• under 18 they will pass, in receipt of welfare benefits
• income under a minimum threshold

Question 17

Means test in the Magistrates Court is based on

Answer 17

Income only (not capital or savings)
Gross annual income for the previous 12 months
Partners income is also included unless they are a victim / involved in the trial

Question 18

In the magistrates court a representation order will allow the defendant to be

Answer 18

Fully funded
Not have to pay anything towards the costs

Question 19

Crown court representation order calculations based on

Answer 19

Income savings and capital

Question 20

If the defendant has a representation order granted at the magistrates court it will be

Answer 20

Automatically extended to cover Crown Court proceedings

Question 21

Plea before venue

Answer 21

A defendant charged with an either way offence must give an indication of their plea. This is known as a plea before venue

Question 22

Allocation stage

Answer 22

Is where the magistrates and defendant determine whether the case will be heard in the Crown Court or magistrates court

Question 23

Allocation hearing is

Answer 23

Used when a D is charged with an either way offence, determine where the trial will be held

Question 24

Allocating hearing consists of

Answer 24

The plea before venue stage - guilty plea
The allocation stage - where the trial will be heard

Question 25

Which court has more options for appeal the crown court or magistrates

Answer 25

Magistrates Can have a complete rehearing at the Crown Court

Question 26

Crown court is suitable for

Answer 26

More complex cases that require complex disclosure and evidence to be heard Disputed evidence that needs to be classified as admissible and inadmissible

Question 27

Which court is more expensive crown court or magistrates

Answer 27

Crown court D can be asked to pay costs towards representation order

Question 28

Accept jurisdiction means

Answer 28

Where a court decides if they are able to deal with a case

Question 29

Defendant can choose

Answer 29

The Crown Court over magistrates once this is decided the decision cannot be overridden by the Magistrates

Question 30

Chances of acquittal are better in

Answer 30

The Crown Court

Question 31

Magistrates court can impose custody sentences for a single offence of

Answer 31

6 months

Question 32

Magistrates court can impose sentencing times off… for two or more either way offences

Answer 32

12 months

Question 33

How the Crown Court and Magistrates Court deal with sentencing powers

Answer 33

Magistrates can commit to the Crown Court for sentencing after judgement

Question 34

The defendant only gets a choice of venue when

Answer 34

The Magistrates accept jurisdiction, if they decline then the D has no say in the matter

Question 35

If the magistrates declines jurisdiction for one defendant in a jointly charged case

Answer 35

All defendants must go to the crown court

Question 36

Jointly charged defendants

Answer 36

Serval defendants all facing the same charge

Question 37

Special trial procedure for criminal damage (without arson)

Answer 37

Either way offence Under £5000 - deemed to be a summary only offence and the D has to go to magistrates / no right to elect Crown Court trial

Question 38

Special procedure for low value shop lifting

Answer 38

Goods value under £200 where the D was a customer (or pretending to be) Summary only In contrast to criminal damage, can elect to go to the Crown Court

Question 39

First hearing should be used to secure

Answer 39

A representation order to fund legal representation

Question 40

Magistrates will often base their decision on whether to send an either way offence to the Crown Court on

Answer 40

Their sentencing powers

Question 41

Magistrates will often base their decision on whether to send an either way offence to the Crown Court on

Answer 41

Their sentencing powers

Question 42

Remand decision means

Answer 42

You’ll go to prison until your trial begins

Question 43

Interest of justice test is usually referred to as

Answer 43

Merit test

Question 44

The merit / interest of justice test is automatically passed for

Answer 44

All Crown Court cases

Question 45

Grievous bodily harm is a

Answer 45

Indictable only offence

Question 46

Gracious bodily harm will be sent to

Answer 46

Crown Court

Question 47

With two offences

Answer 47

Usually sent to the Crown Court if one is indictable

Question 48

With two defendants who are jointly charged where do they go

Answer 48

Two defendants that are jointly charged will have to go the Crown Court if the magistrates decides to send one of them there

Question 49

How should magistrates respond to a question about a custodial sentence

Answer 49

Not required to give an indication But if they do indicate they will not impose custody, they are bound by that decision if the defendant pleads after this point (of the indication)