Pre-trial Flashcards
(15 cards)
What happens at First Hearing?
- Plea
- Funding (Rep order)
- Directions
- Bail
Summary only first hearing procedure
Plead G, NG or no indication (treated as NG). G plea must be unequivocal (clear that pleading guilty on same factual basis)
If G = sentencing
if NG = set trial date
Indictable only first hearing procedure
Plea - G, NG, no indication
Funding
Bail
Sent to CC forthwith (PTPH within 28 days)
Either way first hearing
- Plea before venue
- Allocation
- Election
- Directions and Bail and Funding
Representation orders
D must pass means and merits test. the tests differ depending on whether trial will be in CC or Mags.
Means test: pass automatically if youth or benefits
- Mags = Weighted Gross Annual Income (considers deductions for no. in HH includes partner unless W, V or Co-D)
- CC = Annual HH Disposable Income
Merits test
- Mags = interests of justice test
- CC = pass automaticall
If Mags either whole amount is paid or none
if CC then may have to pay all or just a contribution if under £37,500
Factors to consider when advising on trial venue
- CC higher aquittal rate (more likely to be found not guilty)
- CC gives more time to prepare (but also unknown)
- CC has better procedure for challenging admissibility of evidence as jury do not hear it
BUT - possibility of longer sentence
- more formal
- higher costs
What happens at PTPH?
Arraignment: plea
Trial Preparation or Sentencing
Prosecution disclosure duties
police station: nature of offence + why suspected (custody records and sig statements)
IDPC pre first hearing = used materials (info P intends to rely on
Initial disclosure = unused materials (adverse to P) and list of retained evidence (material supporting P does not inended to rely on). ASAP but no later than 50 days / 70 days after plead guilty
Defence disclosure duties
Within 28 days (10 business days if Mags) of Initial Disclosure:
- Defence Statement
- Notice of Intention to call witnesses
Otherwise adverse inference at court and unable to apply for specific disclosure
App for specific disclosure
Court MAY grant if reasonabe grounds to beleive P has not disclosed material they should have
Shoudl first send written request
Only possible if P served Initial Dislcosure, served defence statement
Right to bail rules
Presumption in favour of bail (bail will be granted), unless P can pursuade the court there are substantial grounds to beleive that D would FTS, IWW, CFO, OCJ.
No presumption in favour of bail (will be detained) if murder or manslaughter + prior conviction or awaiting sentence or appeal. Only granted in exceptional circumstances.
Bail will always be granted if no custodial sentence or cusotdy time limit has expired
Factors court will consider whether ground exists to deny bail?
- Seriosuness of offence
- Strength of P
- prior FTS
- COmmunity Ties
- Character of D
- Associations
Examples of conditions that coudl be imposed to be given conditional bail.
- Curfew + tag
- restrict areas may visit
- restraining order (cannot contact people)
- Residence
- Report to police station
- Surety
- Surrender passport
Appealing against bail decisions
D may challenge refusal and apply again. 2 options:
Mags - 1 week later (on same grounds)
CC - 1 business day
Whilst CC is quicker, if refused lose right to apply to Mags again on same set of facts. If denied at Mags 1 week later, can appeal at CC following. May appeal as many times provided facts change.
Absconding and breaches of bail
FTS: criminal offence unless reasonable grounds for failure
Breach: not a criminal offence but court will review bail and may remand D in custody
