First Hearings Flashcards
(19 cards)
Where does the criminal justice process begin for adult defendants?
It begins when a person is:
- Arrested and brought before the magistrates’ court; or
- Issued with a written charge and requisition by the magistrates’ court to secure attendance.
What are the three classifications of criminal offences and where are they tried?
- Summary only offences – can only be tried and sentenced in the magistrates’ court.
- Either-way offences – can be tried and sentenced in either the magistrates’ court or the Crown Court.
- Indictable-only offences – can only be tried and sentenced in the Crown Court.
What happens at the first hearing in the magistrates’ court?
The court deals with:
- The defendant’s plea
- Consideration of bail
- Allocation (for either-way offences)
- Legal aid and representation
- In indictable-only offences, sending the case to the Crown Court
What are the timing rules for a first hearing in the magistrates’ court?
- If the defendant is on bail and a guilty plea is expected: within 14 days of charge.
- If a not guilty plea is expected or the case may go to the Crown Court: within 28 days of charge.
- If detained in custody: must appear at the next available court.
Is the defendant required to attend the first hearing? What happens if they fail to attend?
- Yes, unless covered by an exception, the defendant must be present (in person or by video link).
- Failure to attend when bailed is an offence under the Bail Act 1976 and a warrant for arrest can be issued.
- If summoned (non-imprisonable offence), non-attendance is not an offence, but the case can proceed in their absence if statements have been served and the hearing has been warned.
What must the prosecution serve before the first hearing and under what rule?
Prosecution must serve Initial Details of the Prosecution Case (IDPC).
This includes:
- A summary of the offence
- Any account given in interview
- Written statements and exhibits material to plea/mode of trial/sentence
- Victim impact statements
- The defendant’s criminal record
What are the deadlines for serving initial details?
Must be served on the court officer and, if requested, the defence, no later than the beginning of the day of the first hearing.
Failure to serve does not result in dismissal but may lead to an adjournment and/or costs awarded to the defence.
What must the initial details be sufficient to do?
They must allow the court to:
- Take an informed view on plea
- Decide venue for trial
- Identify real issues
- Complete the Preparation for Effective Trial (PET) form
What is the PET form and what details must it contain?
The Preparation for Effective Trial form includes:
- Contact details of defendant and lawyer
- Names and details of witnesses
- Trial length estimate
- Trial issues
- Applications (e.g. special measures)
- Statement reading preferences
- Accessibility needs
- Confirmation of advice on early guilty plea credit and trial in absence
What happens at the first hearing in the magistrates’ court?
- Defendant enters a plea
- Bail is considered
- If either-way offence, allocation decision is made
- Legal aid and representation checked
- In indictable-only cases, sent to Crown Court
What is ‘plea before venue’ in either-way offences?
The defendant is asked to indicate a plea.
- If guilty, court decides whether to sentence or commit for sentence.
- If not guilty or no indication, the court proceeds to allocation.
What is the test for allocation in either-way offences?
Magistrates should retain jurisdiction unless:
- Their sentencing powers are clearly insufficient, or
- The case involves unusual legal/factual complexity
What is ‘indication of sentence’ and how does it work?
D may ask whether sentence would be custodial or not if they plead guilty.
- Magistrates may choose not to give one
- If given, and D pleads guilty, it binds the magistrates (not the Crown Court)
What is ‘election’ in the allocation process?
If magistrates accept jurisdiction, D can:
- Consent to summary trial (stay in mags)
- Or elect Crown Court trial
A legal adviser must explain pros and cons.
When must a summary-only offence be sent to the Crown Court with a related indictable matter?
If it is:
- Listed in s.40 CJA 1988 (e.g. common assault, criminal damage) → sent for trial
- Punishable by disqualification or imprisonment → sent for plea only under s.51(3) CDA 1998
How are summary-only cases managed at first hearing?
- If D pleads guilty → proceed to sentence
- If D pleads not guilty → trial date set and PET form completed
Includes directions on: witnesses, evidence, special measures, and trial management
What happens when multiple defendants are jointly charged?
- Summary-only: those pleading guilty are usually sentenced after trial of not guilty co-defendants
- Either-way: if one is sent to Crown Court, all must follow if charged with same or related offence
What happens if a defendant is charged with both a summary-only and indictable offence?
The summary offence is dealt with depending on whether it is:
- Listed in s.40 CJA 1988 – sent for trial
- Punishable by imprisonment/disqualification – sent for plea only
- Other – must remain in magistrates’ court
What is the rule for ‘committal for sentence’ from the magistrates’ court?
A defendant found or pleading guilty to an either-way offence may be committed to Crown Court for sentence if:
- Magistrates consider their powers insufficient; or
- D is being sent for trial on other matters; or
- It is a secondary committal
