The magistrates’ court

Question 1

What are the three categories of criminal offences in England and Wales?

Answer 1

1) Summary-only offences
(2) Either-way offences
(3) Indictable-only offences.

Question 2

Where can summary-only offences be tried?

Answer 2

Exclusively in the Magistrates’ Court.

Question 3

What is the usual maximum sentence for summary-only offences?

Answer 3

Up to 6 months’ imprisonment.

Question 4

Give two examples of summary-only offences.

Answer 4

1) Common assault, and (2) Minor public order offences, such as using offensive language.

Question 5

What distinguishes either-way offences from other categories?

Answer 5

They can be heard in either the Magistrates’ Court or the Crown Court, depending on seriousness and choice of the defendant.

Question 6

Where are indictable-only offences tried?

Answer 6

Only in the Crown Court, following a brief first appearance in the Magistrates’ Court.

Question 7

A client is charged with rape. What is the correct procedural advice regarding the court process?

Answer 7

Rape is an indictable-only offence. The defendant will first appear in the Magistrates’ Court, but the case must be sent immediately to the Crown Court for trial.

Question 8

What must a defendant apply for if they wish to receive legal aid in criminal proceedings?

Answer 8

A Representation Order.

Question 9

What form must be completed when applying for a representation order for public funding in a criminal case?

Answer 9

The CRM-14-E form (and accompanying declaration of financial circumstances).

Question 10

What are the two tests a defendant must pass to be granted a representation order?

Answer 10

The Interest of Justice test and the Means test.

Question 11

What does the Interest of Justice test assess when applying for a representation order?

Answer 11

Whether the case merits public funding based on seriousness—e.g., risk to liberty/livelihood, complex law, disabilities, language barriers, or the need for legal expertise.

Question 12

Give two situations where the Interest of Justice test would likely be satisfied.

Answer 12

1) The defendant may go to prison if convicted; (2) The case involves a complex legal issue.

Question 13

Who automatically passes the Means test for a representation order?

Answer 13

Those under 18 or in receipt of certain benefits (e.g., Universal Credit, Income Support).

Question 14

Can a person who earns above the threshold or has significant savings receive a representation order?

Answer 14

No, they typically fail the Means test and must pay for their own legal representation.

Question 15

What are the factors considered under the Interest of Justice test for granting a representation order in criminal proceedings?

Answer 15

The Interest of Justice test is satisfied if any of the following apply:

1. Loss of liberty or livelihood is likely if convicted.
2. The case involves a substantial question of law.
3. The defendant has a mental or physical disability.
4. The defendant has insufficient understanding of English.
5. The defence requires interviewing or tracing witnesses, or expert cross-examination.
6. Legal representation is desirable in the interests of someone other than the accused (e.g. child, vulnerable party).

Question 16

What occurs at the first hearing if the charge is a summary-only offence?

Answer 16

The defendant is expected to enter a plea, and if not guilty, a trial date will be set in the Magistrates’ Court.

Question 17

What happens at a first hearing for an either-way offence?

Answer 17

The defendant indicates a plea, and an allocation hearing is held to decide whether the case stays in the Magistrates’ Court or is sent to the Crown Court

Question 18

What is the procedure for indictable-only offences at the Magistrates’ Court?

Answer 18

The matter is automatically sent to the Crown Court under the Crime and Disorder Act without a jurisdiction decision by the magistrates.

Question 19

If a case is sent to the Crown Court, what question must the Magistrates’ Court ask the defendant?

Answer 19

Whether the defendant intends to plead guilty in the Crown Court.

Question 20

What happens if the defendant intends to plead guilty when a case is sent to the Crown Court?

Answer 20

The Magistrates’ Court must arrange for the Crown Court to take the plea as soon as possible.

Question 21

What if the defendant either says “no” or does not answer when asked if they’ll plead guilty in the Crown Court?

Answer 21

A case management hearing is scheduled at the Crown Court for them to enter a plea there. This is known as Plea Trail Preparation Hearing

Question 22

What procedural decision does the Magistrates’ Court make in every first hearing, regardless of offence type?

Answer 22

Whether the defendant should be granted bail or remanded in custody.

Question 23

Why doesn’t the Magistrates’ Court hold a trial or determine jurisdiction for indictable-only offences?

Answer 23

Because such offences must be dealt with in the Crown Court only, so the magistrates only perform an administrative send

Question 24

What are the two types of courts a defendant may appear in during a first appearance at the Magistrates’ Court?

Answer 24

The Guilty Anticipated Plea (GAP) Court and the Not Guilty Anticipated Plea (NGAP) Court.

Question 25

What is the primary goal of the Guilty Anticipated Plea Court at a first appearance?

Answer 25

To proceed to sentencing immediately after a guilty plea, requiring the defence solicitor to prepare a plea in mitigation.

Question 26

What form must a defence solicitor complete before a Not Guilty Anticipated Plea hearing?

Answer 26

The Preparation for Effective Trial (PET) Form.

Question 27

What is the purpose of the Preparation for Effective Trial (PET) form?

Answer 27

To narrow down the disputed and undisputed issues in the case and ensure the trial is effectively prepared.

Question 28

What are some of the key areas addressed in the PET form that the defence must review?

Answer 28

Presence at the scene, involvement in the conduct, injury or damage caused, and identification—all marked as disputed, not disputed, or irrelevant.

Question 29

At a Not Guilty Anticipated Plea hearing, is the defence solicitor required to submit a defence statement beforehand?

Answer 29

No, they are only expected to have completed the PET form at this stage.

Question 30

What is expected of the defence solicitor if a guilty plea is anticipated?

Answer 30

To have a plea in mitigation prepared for sentencing in the GAP court.

Question 31

What document must a defence solicitor complete to support case management in the Magistrates’ Court?

Answer 31

The Preparation for Effective Trial (PET) form, which outlines key case details and disputed issues for efficient trial preparation.

Question 32

What is the purpose of the PET form in Magistrates’ Court proceedings?

Answer 32

It serves as a structured guide for the court to set tailored case management directions, ensuring a streamlined and focused trial process.

Question 33

How does the PET form assist the Magistrates in managing a case?

Answer 33

By identifying what is agreed and what is disputed in areas like presence, involvement, injury, and identification—allowing for efficient direction setting.

Question 34

What role does the defence solicitor play in case management at the Magistrates’ Court?

Answer 34

The solicitor must ensure the PET form is accurately completed and ready for the hearing, so that the Magistrates can issue relevant procedural directions

Question 35

Will a defendant charged with burglary and with previous convictions be granted a representation order for a Crown Court trial, and will he need to contribute?

Answer 35

Yes, the man is likely to be granted a representation order due to the seriousness of the charge, but he may have to make a financial contribution from his household income or capital. Means testing in the Crown Court does not apply the £22,325 income cap used in the magistrates’ court. His wife’s income and his own assets (e.g., £20,000 in savings) will be considered for contributions.

Question 36

Is filing a defence statement mandatory in summary cases, and what is required regarding defence witnesses?

Answer 36

Filing a defence statement is voluntary in summary trials. However, if the defence intends to call witnesses (other than the defendant), they must serve a defence witness notice within 14 days of initial disclosure from the prosecution.

Question 37

When is the Interests of Justice test automatically satisfied for a representation order?

Answer 37

The test is automatically satisfied where the accused is charged with an indictable-only offence sent to the Crown Court, or where an either-way offence is sent to the Crown Court for trial or sentence. In all other either-way or summary cases, the Interests of Justice test must be individually assessed and satisfied.

Question 38

Who are ‘passported’ applicants in the context of legal aid, and what does it mean?

Answer 38

Passported’ applicants are individuals who automatically satisfy the means test for legal aid and therefore do not undergo an income assessment. This includes all defendants under 18 years of age.

Question 39

Has the prosecution complied with its duty to disclose the Initial Details of the Prosecution Case (IDPC) where a defendant is in custody

Answer 39

when a defendant is in custody, the IDPC must include at least a case summary and details of previous convictions. This must be served as soon as practicable, and no later than the start of the first hearing.