Plea Before Venue and Allocation of Business Between Magistrates' Court and the Crown Court Flashcards
What is IDPC?
Initial details of the prosecution case.
Explain CRIM PR rule 9.4.
Provides that where the prosecution are seeking to introduce information contained in a document to the hearing, which the defence is entitled to see, the court cannot allow this to be presented unless they have first afforded the defence sufficient time to review it.
What does the IDPC disclosed to the defence include?
If D was in police custody for the offence they are charged with immediately prior to the hearing, they are entitled to a summary of the circumstances of the offence and a copy of the defendants criminal record.
In all other circumstances the defence are entitled to:
- Summary of the circumstances;
- Any account given by D during interview;
- Written witness statements or exhibits the prosecutor has available and considers material to plea, or allocation of the case for trial or sentence;
- D’s criminal record (if any); and
- Victim impact statement if available.
Explain the requirements imposed by criminal Practice Direction 3A.12.
Where D is released on bail after being charged, and prosecutor does not anticipator a guilty plea at first hearing, regardless of whether the car is to be heard in magistrates or crown court the following should be made available to the defence in advance of the first hearing:
- Summary of circumstances of offence and accounts given by D in interviews;
- Statements and exhibits prosecution identifies as important to the purpose of the plea (eg CCTV footage, or a Streamlined Forensic Report);
- indication of medical or other expert evidence the prosecution is likely to introduce in relation to victims or D; and
- info as to special measures, bad character or hearsay (if applicable).
What is the effect Criminal Practice Direction 3A.12?
It expands the list of material to be made available to D if released on bail after being charged (and where prosecutor does not anticipate a guilt plea).
List the matters the defence needs to discuss with D ahead of advising them on a plea.
a) D’s Response to Case - prosecution witness statements need to be discussed and accurate notes on anything which is disputes. Notes should be added to the clients statement. Solicitor must also listen to audio recording of interview to check the transcript is accurate, and whether there are any grounds for this to be excluded as evidence.
b) Strength of Prosecution Case - this is D’s decision, but if case is strong they should be advised by solicitor of the benefits of entering into guilty plea when it comes to sentencing.
c) Further evidence - consider whether necessary to obtain further evidence in support of D’s case. Eg has the evidence by prosecution caused D to remember other witnesses who could give useful evidence on their behalf.
d) election of venue - where pleading not guilty to either way offence, must be considered where they want this heard.
Briefly explain the benefits of electing to be tried at Crown Court.
a) Greater Chance of Acquittal - more people are acquitted in crown court than magistrates. Jury plays a part in this as they are seen as more sympathetic to defendants. this is seen as more impartial particularly when witnesses are giving evidence, as the jury will be hearing the evidence from witnesses for the first time (compared to magistrates who may take evidence from say a police officer, with greater merit due to having hear evidence from those officers in previous cases). Also magistrates may have a predisposition against a client fi they have been convicted of offences in the past.
b) Better Procedure for Challenging Admissibility of Evidence - crown court ;procedure is that jury leave when there is question of procedure such as admissibility of evidence. This allows separation of procedure and facts, and the jury will therefore not be clouded with any insight on admissibility of evidence. In the magistrates court, magistrates will determine both guilt but also procedure, meaning this distinction is harder to achieve.
c) More Time - there is more tie to prepare for the trial in a crown court. Especially relevant if D is calling on a number of witnesses as this allows the defence greater time to prepare the case.
Briefly explain benefits of electing to be tried in the Magistrates Court.
a) Limited Sentencing Powers - magistrates sentencing powers are a maximum of 12 months custodial sentence. They can however decide to send case to crown court during the trial should they feel it is necessary the D receives a higher punishment than they can award.
b) Speed and Stress - trial in magistrates will happen a lot quicker (particularly important if D is on remand in custody). Procedure is also less formal and intimidating for D’s, particularly for D’s who are on trial for the first time.
c) Prosecution Costs - D’s who are found guilty are likely to be ordered to contribute towards CPS costs. In the Crown Court these costs will be significantly higher than in the Magistrates court.
d) Defence Costs - even if granted legal aid, D will be subject to a final eligibility test with regards to legal aid in the crown court - this is not the case in the Magistrates court. If privately funded, the magistrates court will also be a lot cheaper.
e) No Obligation to Serve Defence Statement - D pleading not guilty in Crown Court is obliged to serve provsuection and the court a defence stamens providing them with details of their defence case. This is not required in Magistrates.
Explain a solicitor’s duty not to mislead the court where a client they know is guilty, insists on pleading not guilty.
- Solicitor has a duty not to mislead the court which overrides their duty to act in the best interests of their client.
- As such, the solicitor can still cross examine witnesses (although must be careful not to make any ascertains they know to be false).
- However, they would be unable to act if D insists on giving evidence at trial they know to be false.
- If the solicitor has to withdraw from acting, they still owe the client a duty of confidentiality and therefore cannot tell the court the reason for doing so. Commonly, solicitors in this situation would say they are withdrawing for ‘professional reasons’.
Explain the procedure which takes place where D is appearing in front of the magistrates for either way offence.
1) charge is read out to D by court legal adviser, and they will check defence has received the IDPC;
2) Legal adviser will then tell D they MAY indicate to court how they would plead if matter was to progress to trial (but do not have to). Legal adviser of the court will also tell D if they indicate a guilty plea, they will be treated as having pled guilty and magistrates may either sentence them or commit them to Crown Court for sentencing if they consider their own sentencing powers to be inadequate;
3) Legal adviser of the court will then ask D to indicate their plea.
Explain the procedure where D indicates a guilty plea.
- D is treated as being summarily convicted;
- CPS rep will then outline facts to the court and also inform them about previous convictions;
- D’s solicitor will then give a plea in mitigation on D’s behalf;
- Magistrates then decide if they have sufficient sentencing powers in the circumstances and consider their sentencing guidelines;
- If deemed sufficient, they will either sentence D straight away or adjourn to consider their sentencing report/ guidelines;
- If sentencing powers are deemed insufficient, they will commit D to crown court for sentencing;
- If D is committed to crown court they ave to decide on bail or remand (and this will usually follow whether D has been on bail or remand up until the point of the current hearing).
Explain the procedure if D indicates a not guilty plea for an either way offence at first hearing before the magistrates.
Magistrates will have to commit D to the crown court where:
a) D is sent to crown court already for a related offence;
b) D has been charged jointly with another adult D who has already been sent to crown court for trial for a related offence; or
c) D is charged jointly, or charged with a related wither way offence, with a youth defendant who is sent to the crown court for trial.
In all other situations where a not-guilty plea is indicated (or if D refuses to give a plea) court must determine whether offence appears more suitable as a summary trial or a trial on indictment and will then allocate accordingly.
If the Magistrates court decides D’s case is more suitable for summary trial, what must they explain to D.
1) The case is suitable for summary trial;
2) They can consent to be tried summarily or chose to be tried on indictment; and
3) If they consent to be tried summarily and are convicted, magistrates reserve the right to send them to crown court for sentencing.
Explain the indication of sentence.
D is entitled to ask, at the time they are deciding whether or not to be tried summarily or on indictment, whether if tried summarily and they plead guilty, it is likely they will receive a custodial or non custodial sentence.
True or False: The court must give an indication of sentence.
False. The court may give an indication of sentence but this is not required. If an indication of sentence is given, the court should ask D if they want to reconsider their earlier plea.
