First Hearings and Bail

Question 1

Deadline to provide IDPC and sanction

Answer 1

Morning of First Hearing otherwise likely to be adjourned

Question 2

Deadline for First Hearing

Answer 2

Within 14 days of charge: G plea + summary trial OR released on bail
Within 28 days of charge: NG plea or G plea + CC trial

Question 3

What is included in IDPC?

Answer 3

Always:
- Circumstances of offence
- D’s criminal record
- Sufficient information to allow court to take an infomred view on plea and trial venue.

If D is released on bail before FH:
- Interview record
- witness statements
- victim impact statement
- CCTV
- Expert evidnce
- Special measures, hearsay, bad character

Question 4

D’s presence at first hearing

Answer 4

D MUST be present unless summary only

Question 5

When must PTPH be held if CC trial

Answer 5

Within 28 days of First Hearing

Question 6

Trial deadlines if D is refused bail (remanded in custody)

Answer 6

Mags trial: trial in 56 days
CC trial: trial in 182 days

released after this time unless diligent + expeditious and good and sufficient cause to refuse Bail remains

Question 7

Special situations (presumption against bail)

Answer 7

Murder = no bail unless exceptional circs
Mansalughter (prior conviction): no bail unless exceptional circs
waiting for appeal or sentencing

Question 8

Bail - normal presumption

Answer 8

Presumption in favour of bail. P must persuade court that substantial grounds to beleive (FTS, IWW, OCJ, CFO).

Question 9

What happens at allocation

Answer 9

P and D can make reps to the court about which trial venue would be beter. P can mention prior convictions.

Question 10

Appealing bail decision

Answer 10

Right to appeal at Mags 7 days later
Right to appeal to CC immediately (ASAP) but lose right to appeal again 1 week later at Mags.

CAn appeal as many times as you like provided different circumstances (e.g. increase surety offer).