First Hearings Flashcards
(62 cards)
When a defendant is on bail, within how many days must a first hearing be?
Prosecutor suspects a guilty plea - 14 days
Prosecutor suspects a not guilty plea - 28 days
What happens if a defendant was bailed by police to attend court and fails to attend?
Court can issue a warrant for arrest
When can a court not move ahead with a hearing in a defendant’s absence?
If a hearing will deal with the allocation of an either-way offence or sending an indictable case to the Crown Court
When is it not an offence not to appear in court?
If the defendant has been summonsed to court - as long as statements have been served, and D has been warned of the hearing - case can proceed and penalty be imposed in absentia
When must the prosecution serve the IDPC?
As soon as practicable - in any event, no later than the beginning of the day of the first hearing
What happens if the prosecution fails to provide the IDPC in a timely manner?
court will adjourn a first hearing and / or award costs to the defence for prosecution’s failure to serve.
What contents should be included in an IDPC?
- A summary of circumstances of the offence
- Any account given by D in interview
- Any written statements and exhibits that are available and material to the plea and / or mode of trial or sentence
- Victim impact statements
- D’s criminal record
When can the IDPC be a little less detailed?
If D was not on bail, but in police custody before first hearing IDPC can be more scant and needs only include
- Summary of the circumstances of the offence
- D’s criminal record
What must the IDPC be sufficient to do?
Allow court to take an informed view of plea and venue for trial
If no guilty plea anticipated - should be sufficient to assist the court in identifying the real issues and in giving directions
What do first hearings for summary and either-way offences deal with?
Plea
Bail
Representation and legal aid
sometimes sentence
What do first hearings for indictable only offences deal with?
D will make a brief first appearance in a magistrates’ court
Court will deal with bail and legal aid
D will indicate plea on CC sending form
D enters plea at CC
Hearing at CC is 3 or 4 weeks later depending on D’s bail status
What is the exception to the rule that summary only offences never go to the Crown Court?
When D is charged with an offence to be tried in CC, and there is a summary only offence connected to the indictable offence, and is one of the following offences, must go to CC and jury will return a verdict - they are TRIED at CC
- Common assault
- Assaulting a prison or secure training centre officer
- Taking a motor vehicle or other conveyance without authority
- Driving a motor vehicle while disqualified
- Criminal damage
S40 CJA
What summary offences might be dealt with at plea, not trial, at the Crown Court
Any summary matter not listed in S40 CJA, but punishable by disqualification from driving or imprisonment
Essentially: you can plead in a Crown Court alongside the more serious offence, but if there is going to be a trial it is remitted to a Mag Court
What will a defendant need to indicate if they are charged with an either way offence at their first hearing?
Indicate plea
What is the effect of giving no indication of a plea?
Treated as a not guilty indication
What should the courts warn defendants charged with an either way offence of before they indicate their plea?
That they can be committed to the Crown Court for sentencing
When should the Magistrates’ Court order a Pre-Sentence Report?
o There is a good alternative to custodial sentence
o D may be a dangerous offender
o There is some other appropriate reason for doing so
Either way cases: what happens if a defendant pleads not guilty?
Court must consider where the trial will be held - allocation hearing
When should an eitherway offence be tried summarily?
Every time, unless sentencing powers would be insufficient, or for reasons of legal / procedural / factual complexity, CC is more appropriate
What happens in an allocation hearing?
Both sides can make submissions as to where the trial will be held - if P wants trial in CC and defence wants MC, fuller submissions may be needed at this point
If the court decides to send a case to the CC after an allocation hearing, what can the defendant no longer do?
No longer has the option to elect
What options does a defendant have if the MC retains jurisdiction after allocation hearing?
- If court retains jurisdiction (S20 Mag Court Act) must explain to D that:
- Court has decided that summary trial is more suitable
- D can consent to be tried summarily or if D so wishes be tried by a jury
- If D is tried summarily and is convicted - can still be committed to Crown Court for sentence
How do indications of sentence work?
- D can ask for an indication of sentence if they were to plead guilty
- Court’s discretion to provide or not – can decline
- If they do indicate – must be confined to telling D whether sentence would be non-custodial or not
- D can change plea to guilty and process followed as if they pleaded guilty from the outset
- Non-custodial sentence indicated - binding on any later Mag Court
What advice might be worth giving to a client on electing a venue for trial?
Often advice is to elect trial on indictment in the Crown Court
o Acquittal rate is higher in CC
o Separate tribunals of law and fact in CC can be helpful to D – voir dire procedures allow judge to hear arguments to exclude evidence in absence of a jury
o Not always the case that a Crown Court judge will sentence more harshly
If you consent to summary trial
o Mag Court proceedings are less formal
o Shorter waiting time before trial
o Trial itself is much quicker
o Does not require a D to serve a defence statement
o Cheaper than CC
o Magistrates have to provide reasons but juries do not
o Lower sentencing power but can still commit after trial
