Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Criminal Litigation > First hearings > Flashcards

First hearings Flashcards

(76 cards)

Start Studying
1
Q

Where the defendant is on bail, the first hearing must be within 14 days of being charged if

A

the prosecutor anticipates a guilty plea which is likely to be sentenced in a magistrates’ court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Where the defendant is on bail, the first hearing must be within 28 days of being charged if

A

it is anticipated that the defendant will plead not guilty, or the case is likely to go to the Crown Court for either trial or sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

If a defendant was detained in police custody following charge, they must be brought before

A

the next available court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When would the defendant not be committing an offence by not appearing in court?

A

if the defendant has been summonsed to court (typically used for non-imprisonable, minor or road traffic offences)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When is the prosecution obliged to serve the initial details on the court officer?

A

as soon as practicable and no later than the beginning of the day of the first hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The Common Platform

A

Mags’ court online system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

At the first hearing, the information supplied must be

A

sufficient to assist the court in identifying the real issues and in giving directions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Related summary matters that must be sent for trial and included on an indictment

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

the defendant will be asked to enter their plea to a charge at a first hearing for

A

summary or EW offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

For indictable only offences, when will the defendant indicate their plea?

A

on the sending form to the Crown Court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Where are indictable-only offences dealt with?

A

Magistrates’ court for first appearance and the Crown Court for trial and sentencing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

A guilty plea must be

A

unequivocal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Max. imprisonment for summary only or EW offence in Mags Court

A

6 months imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

For two or more either-way offences, the max. sentence in the magistrates’ court is

A

12 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Where the court adjourns sentence for the preparation of a PSR, the court should make it clear that…

A

all sentencing options, including committal to the Crown Court for sentence, remain open

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

If the Mags court decides that its sentencing powers are sufficient, what will happen next?

A

sentence may be passed immediately or adjourned for the preparation of a pre-sentence report (‘PSR’)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

A magistrates’ court should order a PSR for use by the Crown Court if it considers that

A
  • there is a realistic alternative to a custodial sentence; or
  • the defendant may be a dangerous offender; or
  • there is some other appropriate reason for doing so
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

the allocation guideline indicates that either-way offences should generally be tried

A

summarily

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

In practice, cases are likely to be retained and tried in the magistrates’ court unless

A

the offence was clearly so serious that only the Crown Court should have the power to deal with the defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

the prosecution’s submissions will include

A

the nature and seriousness of the offence including any particular aggravating and mitigating features

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How does the prosecution open the allocation hearing?

A

The prosecution:
- Opens with the facts
- Outlines the defendant’s offending history (if any)
- Makes submissions as to where the trial should be held consistent with the allocation guidelines

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Court’s discretion to give indication of sentence

A

The court has the discretion as to whether they will give an indication of sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

If the court declines to give an indication, it can only tell the defendant

A

whether the sentence would be custodial or non-custodial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

If the defendant is given an indication, they can change their plea

A

to guilty as if they had pleaded guilty from the outset

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
If the defendant chooses not to change their plea to guilty, the indication given will not bind
any later court in the event that the defendant falls to be sentenced
26
giving clients advice on election
The defendant's legal representative should advise the defendant on whether to consent to summary trial or to elect trial
27
Why would a legal rep advise to elect trial on indictment in the Crown Court?
- the acquittal rate is higher in the Crown Court; and - the separate tribunals of law and fact in the Crown Court can be advantageous to the defendant → Voir dire procedures allow the judge to hear arguments to exclude evidence in the absence of the jury - a Crown Court judge will not necessarily sentence more harshly than a magistrates' court
28
If the defendant elects trial at the Crown Court, the court will complete
the ‘Case sent to the Crown Court for trial – case management questionnaire’
29
Criminal damage will only be dealt with by the Crown Court if the damage is
over £5000 or caused by fire (arson)
30
Allocation only applies to
not guilty pleas
31
Remand
when a defendant is sent away and told to come back another day
32
Who can grant bail in murder cases?
only a Crown Court Judge
33
Following s 4 Bail Act 1976, the court must presume that
a defendant is entitled to bail
34
when can bail be refused?
only if an objection is properly made out
35
the right to bail usually becomes absolute if
the case has not progressed according to the time limits
36
The right to bail does not apply to
a) those appealing their conviction or sentence; or b) to defendants being committed for sentence from the Magistrates' Court to the Crown Court
37
threshold for refusing bail
'substantial grounds for believing'
38
For summary offences, grounds for refusing bail are only activated by
a trigger event
39
3 main grounds for defendant "need not be granted bail"
a) a remand in custody would be for the defendant's own protection; b) the court has insufficient information to deal with the issue of bail, and so remands in custody for a (short) period for the production of sufficient evidence; and/or c) the defendant is already serving a sentence in custody
40
Bail
the release of a person subject to a duty to surrender to custody at an appointed time and place
41
the ultimate denial of bail must be on
the basis of a legitimate ground of objection
42
Factors to consider when considering the grounds for objecting to bail
- the nature and seriousness of the offence and the likely disposal (ie sentence - the character of the defendant, D’s antecedents, associations and community ties - the defendant’s bail record in the past - the strength of the evidence
43
A person granted bail in criminal proceedings is under a duty to
surrender to custody, by attending court at the time and date specified
44
What bail conditions can a court impose?
such conditions as appear necessary
45
Before attaching a condition of bail, the court must consider if the condition is
relevant, proportionate and enforceable
46
ECHR, article 5(3) provides that every person who has been arrested or detained must be (2)
brought promptly before a judge and is entitled to trial within a reasonable time or to release pending trial
47
Residence at a given address (bail condition)
a condition that the defendant must live and sleep at a specified address
48
Surety (bail condition)
the offer of money made by a third party with influence over the defendant to secure the defendant's return to court
49
Security (bail condition)
the defendant, or someone on the defendant’s behalf, putting up money or some other valuable item to be forfeited if the defendant does not answer bail and attend court
50
A curfew can be subject to
electronic monitoring (tagging)
51
A bail hostel may be used if
the defendant does not have a fixed address
52
Applications to vary bail conditions can be made by
the defence or the prosecution on advance notice to the other party
53
An application to vary bail conditions should be made to the court
which granted bail
54
If the defence is found in breach of a "bail condition", what offence will they have committed?
None - there is no offence of 'breaching a bail condition’
55
Bail Act s.7 provides a power of arrest allowing officers to arrest those
who are in breach of bail, or who are about to be
56
What happens if a defendant is arrested for breach of bail?
breach of bail is not an offence. the defendant must then be brought to a magistrates' court where they will decide whether the defendant should have bail going forward
57
only bail breach which is a criminal offence
Failing to surrender - failing, without reasonable cause, to surrender to custody
58
appeal notices for bail must be served
as soon as practicable
59
the prosecution cannot hold a defendant
beyond the ‘custody time limits' unless the court has sanctioned an extension
60
custody time limits for trials in the magistrates' court of summary only or either-way offences
56 days
61
custody time limits for trials in the Crown Court of indictable only or either-way offences
182 days
62
In the Magistrates' Court, the start of the trial is defined as
when the court begins hearing evidence from the prosecution
63
In the Crown Court, the start of the trial is defined as
when a jury is sworn
64
If the custody time limits expire, the defendant will be released, unless the prosecution applies to extend the time limits and can show that it has acted with
'all due diligence and expedition' and that there is 'good and sufficient cause' to have the defendant further remanded into custody
65
the ultimate denial of bail must be on the basis of
a legitimate ground of objection
66
Following conviction, there is a right to bail if
the case is adjourned for reports prior to sentencing
67
The right to bail does not apply to (2)
- those appealing their conviction or sentence - defendants being committed for sentence from the Magistrates' Court to the Crown Court
68
What bail conditions can the court impose?
'such conditions as appear necessary'
69
when making an application to vary bail conditions, either party must give
advance notice to the other party
70
applications to vary bail conditions should be made to
the court which granted bail
71
If the parties agree on the variation, the court may decide to
vary a bail condition without a hearing
72
The Crown Court will hear a bail appeal
no later than one business day after the appropriate notice is served
73
if a defendant appeals to the Crown Court after only one application in the magistrates' court, what do they lose?
the right to a second application in the magistrates' court
74
A trial must commence before the expiry of
the custody time limit
75
The offence of failure to surrender is committed if the defendant
fails to surrender to custody without reasonable cause
76
Who must prove FTS?
The burden is on the defendant to prove that she had a reasonable cause for failing to surrender, on the balance of probabilities

Criminal Litigation (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions