Plea in the Magistrates’ Court, mode of trial , committal, sending and transfers

Question 1

Fill in the blanks

The prosecutor must, as soon _____, and in any case no later than ~~~~~~~~~, provide to the court and the accused ‘initial details’ of the prosecution case. CrimPR 10.2-3.

Answer 1

\_\_\_\_\_\_ =as is practicable
###### = the first day of the trial

Question 2

What are the three things that must be taken into account according to Section 19)(3) when a Magistrates Court decides whether to conduct a summary trial or send the case on indictment to the Crown Court, in addition to representations of the parties?

[A] (i) Whether the circumstances make the offence one of serious character; (ii) Whether the punishment which a magistrates’ court would have power to inflict for it would be adequate; (iii) any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way rather than the other.

[B] Whether the punishment which a magistrates’ court would have power to inflict for it would be adequate; (ii) Any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way rather than the other; (iii) Whether the case raises issues of law which mean a tribunal of fact and law must be separated

[C] (i) Whether the circumstances make the offence one of serious character; (ii) The strength of the prosecution’s case; (iii) any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way rather than the other.

Answer 2

[A]

Question 3

Fill in the gaps of the explanation of a plea before venue in a Magistrates’ Court either way hearing.

a) The charge is written down, if it has not already been written down, and read to the defendant.
b) The Court explains that the defendant may indicate whether ~~~~~~~~~~~ should the case proceed to trial. The Court should explain that if the defendant indicates a plea of not guilty the Court will:
i) Proceed as if the defendant had in fact pleaded guilty
ii) Proceed as if the proceedings had constituted a summary charge from the outset
iii) Warn the defendant of the possibility of _________
c) The court then asks whether, if the case proceeds to trial, the defendant ()()()()()()()()()().

(McPeake, p82)

Answer 3

~~~~~~~~~~ = he or she intends to plead guilty or not guilty
_________ = committal to the Crown Court for sentencing
()()()()()()()()()()= intends to plead guilty or not guilty

Question 4

What happens if the defendant indicates that he or she will enter a plea of guilty at a plea before venue hearing in the Magistrates Court? Where will sentencing take place?

(McPeake, p82)

Answer 4

The Court will proceed as if a plea of guilty had been entered and will move to sentencing, unless they choose committal to the Crown Court for sentencing.

Question 5

Fill in the blanks on this guidance from the Sentencing Council:

“It is important to ensure that all cases are tried at the appropriate level. In general, either way offences should be tried ______ unless it is likely that the court’s sentencing powers will be ~~~~~~~. Its powers will generally be ~~~~~~ if the outcome is likely to result in a sentence in excess of &&&&&&&& imprisonment for a single offence. The court should assess the likely sentence in light of the facts alleged by the prosecution case, taking into account all aspects of the case.”

(McPeake, p83)

Answer 5

\_\_\_\_\_\_\_ = summarily
~~~~~~~~ = insufficient
&&&&&& = six months

Question 6

If the Court decides that summary trial is more suitable for an either way offence, what three things will it explain to the defendant? (McPeake, p84)

Answer 6

1. The Court believes the case is more suitable to be tried summarily
2. The defendant can consent or may choose to be tried on indictment
3. If the defendant consents to summary trial and is found guilty- they may commit the defendant to the Crown Court to be sentenced.

Question 7

What are the five summary offences according to s40 CJA 1988 that can be tried alongside indictable offences in the Crown Court?

Answer 7

1. Common assault
Criminal Damage under £5k
3. Taking without consent 
4. Driving whilst disqualified
5. Assault on prison custody officer

Question 8

Any summary only offence that carries with it a possible sentence of imprisonment and/or disqualification from driving can be sent to the Crown Court under s51 of the Crime and Disorder Act along with an indictable offence but it will not appear on the indictment. The summary only offence will be detached from the indictable offence and dealt with after the verdict (or plea) on the indictable offence.

(See Section 6 Powers of the Criminal Court Sentencing Act 2000).

If the defendant is found not guilty on the indictable offence: what happens?

[A] The Crown Court Judge must dismiss the related summary matters.

[B] The Crown Court Judge may try the summary offence using the powers of the Crown Court or remit the issue back to the magistrates court.

[C] The Crown Court Judge may try the summary offence using the powers of the magistrates’ court or remit the issue back to the magistrates court.

[D] The Crown Court Judge must remit the summary offence back to the Magistrates Court.

(See Section 51 Crime and Disorder Act)

Answer 8

[C] The Crown Court Judge may try the summary offence using the powers of the magistrates’ court or remit the issue back to the magistrates court.

Question 9

What are the stages whereby a magistrates court may give an indication of sentence at the plea before venue stage? (Section 20(7) Magistrates Court Act 1980)

Answer 9

1. The accused may request an indication of whether a custodial sentence or non-custodial sentence would be more likely if a guilty plea was entered.
2. The Court has a discretion as to whether to grant this.
3. If the accused requests and the court gives an indication of sentence, the court shall ask the accused whether he wishes to reconsider the indication of plea.

Question 10

Larry Duff smashes up £3000 of property. He is charged under the Criminal Damage Act 1971. Where will Larry be tried? (Magistrates Court Act 1971, s22)

Answer 10

In the Magistrates Court.

Question 11

Larry Duff smashes up £1000 of laptops and £4500 of other property. He is charged under the Criminal Damage Act 1971. Where will Larry be tried? (Magistrates Court Act 1971).

Answer 11

An allocation hearing will take place as the limit under s22 of the Magistrates Court Act is £5000.

Question 12

All common law offences are triable how?

Answer 12

Only on indictment

Question 13

The Defendant must be present for a PBV or mode of trial hearing apart from in which 3 circumstances?

Answer 13

1. The Defendant is legally represented and consents to absence
2. The Defendant has been excluded for disorderly conduct or unruly behaviour and is legally represented
3. The Defendant is in custody and the Court has decided to use a live TV link

Question 14

What are the 5 stages in a plea before venue hearing?

Answer 14

1. The Charge is written down and read to the defendant
2. The Court explains that the defendant may indicate whether the Defendant intends to plead guilty or not guilty should the case proceed to trial.
3. The Court will explain that if the Defendant indicates that he pleads guilty the Court will proceed as if he had entered a guilty plea to the charge at summary trial
4. The Court will warn the defendant of the possibility of a committal to the Crown Court for sentence
5. The Court then asks the defendant, if the case were to proceed to trial, whether they intend to plead guilty or not guilty

Question 15

What happens if a Defendant indicates a plea of guilty at a PBV hearing?

Answer 15

They will be treated as if they had entered a guilty plea to the charge at summary trial

Question 16

What happens if a Defendant indicates a not-guilty plea at a PBV hearing?

Answer 16

The Court proceeds to determine mode of trial

Question 17

What are 8 stages at a mode of trial hearing?

Answer 17

1. The prosecution make representations about whether they think the case is suitable for summary trial
2. The defence make representations about whether they think the case is suitable for summary trial
3. The Magistrates consider whether the case is more suitable for summary trial
4. The Court then tell the Defendant that it appears more suitable for summary trial - that the defendant can consent to summary trial or elect to be tried on indictment.
5. The Court will warn Defendant that if he consents to summary trial he still may be sent to Crown Court for sentence
6. The Defendant may request indication of sentence
7. If the Court gives an indication of sentence it will be bound by it
8. If the Court decides the case is more suitable for trial on indictment, the Defendant will be sent to the Crown Court under s51 CDA

Question 18

What is the rule of the classification of the offence of criminal damage?

Answer 18

Where damage is over £5,000 criminal damage is an either way offence. Where damage is under £5000 criminal damage is summary only.

Question 19

What happens if the Court is uncertain about how much damage there has been in a criminal damage case?

Answer 19

The Court will ask whether the Defendant consents to summary trial. If so, the mode of trial procedure will take place.

Question 20

Where the Defendant has committed a third domestic burglary, is the offence summary, either way or indictment only?

Answer 20

Indictment only

Question 21

Where a defendant shoplifts under £200 worth of goods whilst posing as a customer is the offence summary, either way or indictment only?

Answer 21

Summary only

Question 22

What are the five s40 CJA 1988 summary offences?

Answer 22

Common assault, TWOC, driving whilst disqualified and criminal damage and assault on prison guard

Question 23

When will a s40 CJA 1988 summary offence be included on an indictment?

Answer 23

If it is founded on the same facts as another offence on the indictment or form part of a series of offences of the same or a similar character as an offence on the indictment.