First hearings before the magistrates' court Flashcards
What are the three classifications of offences?
Summary only offences, either way offences, and indictable only offences
What classification of offence is assault occasioning actual bodily harm (s47)?
Either way
What classification of offence is malicious wounding/inflicting grievous bodily harm (s20)?
Either way
What classification of offence is malicious wounding/causing grievous bodily harm (s18)?
Indictable only
What classification of offence is theft?
Either way unless it is low-value shoplifting which does not exceed £200 as this is summary only (s22A Magistrates’ court Act 1980). If a defendant is charged with multiple the aggregate of the value stolen must not exceed £200 to be treated as summary only.
What classification of offence is burglary?
Either way unless for three circumstances in which it is indictable only:
1. where the ulterior offence intended or committed whilst in the building is indictable only
2. where the burglary was in a dwelling and any person in the dwelling was subjected to violence or the threat of violence
3. where the defendant is subject to the third strike rule
What is the third strike rule for burglary?
The defendant must:
1. be charged with a burglary of a dwelling
2. had two previous and separate convictions for domestic burglary
3. be aged 18 or over on the date of the third offence
4. the previous convictions occurred after 30 November 1999
What classification of offence is fraud?
Either way
What classification of offence is simple criminal damage/arson?
Either way however where the value of the damage does not exceed £5000 criminal damage must be tried as a summary only offence but if the damage was caused by fire it is either way no matter the value of the damage.
What classification of offence is robbery?
Indictable only
Whether a representation order is granted is determined by what?
A two stage test:
1. interests of justice/merits test
2. means test
What are some examples of the statutory factors that can be used for the interests of justice test?
- likely to lose my liberty
- likely to lose livelihood
- likely to suffer serious damage to reputation
- the proceedings involve consideration of a substantial question of law
- I may not be able to understand the proceedings
- witnesses are required
When is the interests of justice test automatically met?
Where the defendant is under 18, trials in the Crown court and following a committal for sentence. It is not met for appeals to the Crown court
When does a defendant automatically pass the means test?
When they are passported. This happens when they are under 18, or they receive welfare benefits
What is the initial means test based upon?
The gross annual income of the defendant and their family circumstance. For the magistrates’ court the assessment is limited to the income of the defendant.
For the crown court the assessment includes the defendant’s income, capital and equity. In addition the defendant may be liable to contribute to the funding (not done in the magistrates’)
