First Hearings - Summary Only Offences Flashcards
(12 cards)
What is the maximum sentence that a magistrates’ court can impose for a summary only offence?
A. Unlimited
B. 12 months
C. 2 years
D. 6 Months
D. 6 Months
Explanation: For summary-only offences, the magistrates’ court has a sentencing limit of 6 months.
At what point is a defendant asked to enter a plea in the magistrates’ court for a summary only offence?
A. At the first hearing
B. After case management
C. During a Newton hearing
D. Only if a pre-sentence report is ordered
A. At the first hearing
Explanation: The defendant is asked to enter a plea at the first hearing in a magistrates’ court.
Which document outlines the prosecution’s summary of the case and the defendant’s record for the first hearing?
A. Case Management Form
B. Initial Details of the Prosecution Case
C. PTPH Form
D. Custody Time Limit Form
B. Initial Details of the Prosecution Case
Explanation: The Criminal Procedure Rules require the prosecution to provide the initial details of the case.
If a defendant pleads not guilty, which form must be completed to identify issues and case management steps?
A. Pre-Sentence Report
B. Preparation for Effective Trial Form
C. Allocation Form
D. Bail Act Compliance Form
B. Preparation for Effective Trial Form
Explanation: The PET form is used to plan for an effective summary trial.
Joe is charged with a summary only motoring offence. He receives a postal requisition and wants to plead guilty. What is his most appropriate option?
A. Enter a written guilty plea by post
B. Request a Newton hearing
C. Attend court in person to enter a guilty plea
D. Wait until trial to enter his plea
A. Enter a written guilty plea by post
Explanation: For minor, non-imprisonable summary offences, a written guilty plea by post is acceptable.
A defendant pleads guilty in the magistrates’ court to a summary-only offence but has complex medical needs. What may the court do next?
A. Proceed straight to trial
B. Defer sentencing for six months
C. Commit to the Crown Court for sentence
D. Adjourn for a pre-sentence report
D. Adjourn for a pre-sentence report
Explanation: Courts may adjourn sentencing to allow for a pre-sentence report when more information is needed.
Sarah is charged with a summary-only offence. The prosecution provides a case summary and states she has previous similar offences. What should be included at the first hearing?
A. A binding sentencing indication
B. Entry of plea, directions for trial or sentence
C. Jury selection
D. A Newton hearing
B. Entry of plea, directions for trial or sentence
Explanation: At a first hearing, the plea is entered, and case management decisions are made.
A summary trial has been listed, but the defence want to raise a hearsay application. What should occur?
A. The application is made during the verdict stage
B. It must be heard at a pre-trial hearing
C. It can only be raised at trial
D. The defence must withdraw the plea
B. It must be heard at a pre-trial hearing
Explanation: Legal issues like hearsay should be resolved at a pre-trial hearing to ensure smooth trial proceedings.
A defendant pleads not guilty to a summary-only charge. The trial date is set, but a witness is now unavailable. What can the prosecution do?
A. Continue without the witness
B. Apply to vacate trial and relist
C. Discontinue the case
D. Apply for a bench warrant
B. Apply to vacate trial and relist
Explanation: If a key witness is unavailable, the prosecution can ask the court to adjourn and relist the case.
A magistrates’ court finds a defendant guilty of a summary-only offence. It is discovered that the ‘initial details’ were never served. What is the likely result?
A. The conviction is automatically quashed
B. The sentence is postponed until details are served
C. The court proceeds as normal
D. The defendant is retried
C. The court proceeds as normal
Explanation: While initial details should be provided, failure to serve them does not automatically invalidate proceedings.
Which of the following best reflects the overriding objective during summary trial case management?
A. Punishing the offender
B. Maximising court efficiency
C. Dealing with cases justly
D. Ensuring all pre-trial applications are refused
C. Dealing with cases justly
Explanation: The overriding objective under the Criminal Procedure Rules is to deal with cases justly.
In which situation would a magistrates’ court not accept a written guilty plea by post?
A. Driving without insurance
B. Failing to display a parking permit
C. Speeding
D. Shop theft
D. Shop theft
Explanation: Written guilty pleas by post are allowed only in minor non-imprisonable offences, such as traffic violations.
