Topic 4 - The First Hearing Flashcards
(110 cards)
1
Q
A
2
Q
What is the first step in the criminal justice process?
A
A person being arrested and brought before the magistrates’ court
Alternatively, the magistrates’ court may issue a written charge and requisition to secure attendance.
3
Q
What happens if a defendant pleads guilty at their first hearing?
A
The court moves to sentence.
4
Q
What occurs if a defendant pleads not guilty?
A
There is a trial and the court comes to a verdict.
5
Q
What are the three categories of offences in the magistrates’ court?
A
- Summary only offences
- Either-way offences
- Indictable only offences
6
Q
What is the time frame for a first hearing if the defendant is on bail and a guilty plea is anticipated?
A
14 days of being charged.
7
Q
What is the time frame for a first hearing if a not guilty plea is anticipated?
A
28 days of being charged.
8
Q
Where do all adult defendants have their first hearing?
A
In a magistrates’ court.
9
Q
What must happen if the defendant fails to attend their first hearing after being bailed?
A
The court can issue a warrant for the defendant’s arrest.
10
Q
What is the purpose of Initial Details of the Prosecution Case (IDPC)?
A
To serve the initial details on the court officer and the defendant before the first hearing.
11
Q
What must initial details include?
A
- A summary of the circumstances of the offence
- Any account given by the defendant in interview
- Any written statements and exhibits
- Victim impact statements
- The defendant’s criminal record
12
Q
What is the maximum sentence a magistrates’ court can impose for summary only offences?
A
6 months imprisonment.
13
Q
What happens if a defendant pleads not guilty at a first hearing for a summary only offence?
A
The court will set a trial date and manage the case for an effective trial.
14
Q
What is a pre-trial ruling?
A
A decision made by the court on matters such as admissibility of evidence before the trial.
15
Q
In which cases can a defendant plead guilty by post?
A
In summary only cases where the matter has been commenced by summons or requisition.
16
Q
What is the procedure for related summary offences connected to indictable offences?
A
They must be sent to the Crown Court if they are listed in s 40 CJA 1988.
17
Q
What is required from the prosecution under Criminal Procedure Rules, Part 8?
A
To serve initial details including a summary of the offence and the defendant’s criminal record.
18
Q
What is the role of the case progression officer in magistrates’ courts?
A
To monitor directions made by the court.
19
Q
What is the consequence of failing to supply initial details by the prosecution?
A
The court may adjourn the first hearing and/or award costs to the defence.
20
Q
What must be established during case management?
A
- Whether the defendant is likely to plead guilty or not guilty
- What is agreed and likely to be disputed
- What information is required by one party from another
- Reporting on communication to the court
21
Q
True or False: A defendant who is summoned to court does not commit an offence for non-appearance if the prosecution has served the statements.
A
True.
22
Q
What happens during the first hearing for an indictable only offence?
A
The defendant makes a brief appearance, deals with bail and legal aid, and is sent to the Crown Court.
23
Q
Fill in the blank: The prosecution must serve initial details on the court officer as soon as practicable and in any event, no later than the beginning of the _______.
A
day of the first hearing.
24
Q
What is the procedure for a defendant to plead guilty without attending court?
A
The defendant can complete necessary documentation and plead guilty in writing, allowing the court to accept the plea and pass sentence in their absence.
25
What types of offences use the procedure allowing guilty pleas in absence?
Minor non-imprisonable offences such as speeding or driving without insurance.
26
What is the maximum imprisonment a magistrates' court can impose for summary-only or either-way offences?
6 months imprisonment.
27
What is the maximum sentence for two or more either-way offences in a magistrates' court?
12 months imprisonment.
28
What is required for a guilty plea to be considered unequivocal?
It must be free of any suggestion or statement that the defendant is not guilty.
29
What does the term 'plea before venue' refer to?
The process where the defendant indicates their plea at a first hearing for an either-way offence.
30
What must the court do if it believes its sentencing powers are insufficient?
The defendant will be committed for sentence to the Crown Court.
31
What is the allocation guideline in the context of either-way offences?
Either-way offences should generally be tried summarily unless the court's sentencing powers would be insufficient or due to unusual legal complexities.
32
What is an example of an equivocal plea?
'Guilty, but I was acting in self-defence.'
33
What happens when a defendant indicates a not guilty plea?
The court considers where the trial will be held.
34
What is the significance of the 'election' process for a defendant?
The defendant can choose between consenting to a summary trial or electing to be tried by a jury in the Crown Court.
35
What are the advantages of consenting to a summary trial?
* Less formal proceedings
* Shorter waiting time
* Quicker trial
* Lower costs
* No requirement for a defence statement
36
What is the definition of low-value shoplifting?
Stealing goods valued at £200 or less.
37
What happens if the damage in a criminal damage case exceeds £5000?
The case can be dealt with at the Crown Court.
38
What defines complex fraud cases?
At least two of the following must be present: * Amount exceeds £500,000 * Significant international dimension * Requires specialised knowledge * Numerous victims * Substantial fraud on a public body * Widespread public concern.
39
What is a pre-sentence report (PSR)?
A report prepared to assist the court in determining an appropriate sentence.
40
What must the court clarify if it adjourns a case for a PSR?
That all sentencing options remain open, including committal to the Crown Court.
41
What should the prosecution outline during the allocation hearing?
Facts of the case, defendant's offending history, and submissions regarding trial location.
42
What happens if the court retains jurisdiction after a not guilty plea?
The defendant can consent to summary trial or elect for a jury trial.
43
What is the purpose of the indication of sentence?
To inform the defendant of what sentence they might receive if they plead guilty.
44
What is the requirement for the court to give an indication of sentence?
The court has discretion and can decline to give an indication.
45
What is the significance of the defendant's legal representative during the election process?
They advise the defendant on whether to consent to summary trial or elect for trial.
46
What is the maximum penalty for simple criminal damage valued at £5000 or less?
3 months imprisonment or a level 4 fine.
47
What does a defendant indicate when they plead not guilty?
D indicates a not guilty plea
48
What is the allocation process in court?
The court decides whether to allocate the case to a magistrates' court or send it to the Crown Court
49
What can a defendant request regarding their sentence if they consider pleading guilty?
The defendant can ask for an indication of sentence
50
What options does a defendant have if the court accepts jurisdiction?
* Consent to be tried in a magistrates' court
* Elect to be tried by a jury in the Crown Court
51
What happens if a defendant pleads guilty?
The court moves to sentence
52
What happens if a defendant pleads not guilty?
There is a trial, and the court comes to a verdict
53
What is the time frame for the first hearing after being charged if on bail and a guilty plea is anticipated?
14 days
54
What is the time frame for the first hearing after being charged if a not guilty plea is anticipated?
28 days
55
In which court do all adult defendants have their first hearing?
Magistrates' court
56
What is the outcome if a defendant pleads guilty to a summary-only offence?
The court will proceed to sentence
57
What are the three categories of offences?
* Summary only
* Either-way
* Indictable only
58
What is an 'early administrative hearing'?
A hearing that deals with matters such as plea and allocation conducted by a single magistrate or justices' clerk
59
What can a magistrate sitting alone decide at an early administrative hearing?
Bail or custody
60
What must the accused do at the first hearing?
The accused must be present
61
What is sufficient for the accused's presence at the first hearing?
Presence via a video link
62
What must be provided if the accused requests initial details of the case?
* Summary of the circumstances of the offence
* The accused's criminal record
63
What happens if a guilty plea is equivocal?
It will be treated as a not guilty plea
64
What must a guilty plea be?
Unequivocal
65
What is the role of the court regarding initial details?
The court must have sufficient initial details to take an informed view on plea and venue for trial
66
What happens at a pre-trial hearing?
Pre-trial rulings can be made on matters such as admissibility of evidence and fitness to plead
67
What must happen if a defendant indicates a not guilty plea?
The court must consider where the case will be tried in the allocation phase
68
What is the maximum sentence a magistrates' court can impose for an either-way offence?
6 months' imprisonment per offence
69
What is a Newton hearing?
A hearing held if there is a dispute regarding the factual basis upon which the defendant will be sentenced
70
What is the maximum fine a magistrates' court can impose for an offence?
£5,000 per offence
71
What must the court do if they believe their sentencing powers are insufficient?
Commit the defendant for sentence to the Crown Court
72
What is the role of the case progression officer?
To monitor directions made by the court
73
What is the term for the procedure that determines where a trial will be held?
Allocation or the 'mode of trial' procedure
## Footnote
This is governed by the Magistrates’ Court Act 1980.
74
What does the prosecution do during the allocation stage?
Opens the facts, outlines the defendant’s offending history, and makes submissions regarding the trial venue
## Footnote
Submissions include the nature and seriousness of the offence along with aggravating and mitigating features.
75
What must the court consider when deciding whether to allocate a case to the Crown Court?
The court's sentencing powers and the case's legal or factual complexity
## Footnote
Either-way offences should generally be tried summarily unless specific conditions apply.
76
What happens if the court decides that its sentencing powers are inadequate?
The matter is sent to the Crown Court
## Footnote
This is pursuant to the Crime and Disorder Act 1998.
77
What is the maximum sentence a magistrates' court can impose for either-way offences?
12 months' imprisonment
## Footnote
This applies when dealing with two or more either-way offences.
78
True or False: A defendant has the right to elect a magistrates' court trial if the case is allocated to the Crown Court.
False
## Footnote
The defendant has no right to elect a magistrates' court trial in these circumstances.
79
What are the conditions under which a magistrates' court may retain jurisdiction despite the likely sentence exceeding its powers?
If the case has no factual or legal complications
## Footnote
The court can commit for sentence after trial.
80
What options does a defendant have if the magistrates' court decides to retain jurisdiction?
Consent to be tried summarily or elect to be tried by a jury
## Footnote
If the defendant is tried summarily and convicted, they may still be committed to the Crown Court for sentencing.
81
What is the role of defence counsel in the election process?
To advise the defendant on whether to consent to summary trial or to elect trial on indictment
## Footnote
The advice often favors electing trial on indictment due to higher acquittal rates.
82
List two advantages of proceedings in a magistrates' court.
* Less formal process
* Shorter waiting time before trial
## Footnote
Trials are also cheaper and quicker in magistrates' courts.
83
Fill in the blank: If a defendant does not consent to summary trial, they will elect to be tried in the _______.
Crown Court
84
What happens to a defendant charged with an indictable only offence at their first hearing?
They are sent to the Crown Court without entering a plea
## Footnote
This is mandated by the Crime and Disorder Act 1998.
85
What occurs when multiple defendants are jointly charged with an either-way offence?
If any defendant is sent to the Crown Court for trial, all must be sent as well
## Footnote
This ensures consistency in trial location.
86
What is the procedure when a summary offence is related to an indictable offence?
The related summary offence must be sent to the Crown Court if it falls within specific categories
## Footnote
This includes offences punishable by disqualification from driving or imprisonment.
87
What must a magistrates' court do if a summary offence is unrelated to an indictable offence?
Try the summary offence in the magistrates' court and adjourn it until the conclusion of the indictable matter
## Footnote
This is standard procedure to avoid confusion.
88
What type of prosecution notice can be served in cases of serious complex fraud?
A notice that the case should be taken over by the Crown Court
## Footnote
This avoids the need for an allocation hearing.
89
What is the maximum penalty that can be imposed for a summary offence tried on indictment under s.40 CJA 1988?
The penalty that could have been imposed by a magistrates' court
## Footnote
This ensures consistency in sentencing.
90
What can a magistrates' court do if it finds that its sentencing powers are inadequate after a guilty plea?
Commit the offender to the Crown Court for sentence
## Footnote
This is possible even if the case has already been accepted for summary trial.
91
What is the role of a magistrates' court in relation to the Crown Court?
A magistrates' court can commit for sentence to the Crown Court when it considers its sentencing powers are inadequate or if the offender is convicted of related offences.
92
What is a primary committal?
A primary committal occurs when a magistrates' court commits for sentence where the lesser offence is within their sentencing powers.
93
What is a secondary committal under the Powers of Criminal Courts (Sentencing) Act 2000?
A secondary committal allows the magistrates' court to commit for sentence for any lesser offence, even if it is not imprisonable.
94
What initiates proceedings in a magistrates' court?
Proceedings can be instigated by charge from the police, summons, or written requisition.
95
What must happen before the first hearing in a magistrates' court?
The prosecution must supply the defendant with the initial details of the case against them.
96
What are summary only offences?
Summary only offences are minor offences that can only be dealt with in the Magistrates’ Court.
97
What is the maximum sentence a magistrates' court can impose for a summary only offence?
The maximum sentence is generally six months imprisonment.
98
What are either way offences?
Either way offences are those that can be dealt with by magistrates but may be better suited for the Crown Court.
99
What is the process called when a defendant indicates their plea for an either way offence?
The process is known as plea before venue.
100
What happens if a defendant pleads guilty to an either way offence?
The court will proceed as if the defendant is convicted and needs to be sentenced.
101
What is allocation in the context of magistrates' court?
Allocation determines where the trial should take place based on the nature and seriousness of the offence.
102
What factors do magistrates consider during allocation?
* Nature and seriousness of the offence
* Magistrates' sentencing powers
103
What is a statutory aggravating factor in sentencing?
Previous convictions are considered a statutory aggravating factor.
104
What happens if magistrates are unsure about their sentencing powers during allocation?
They may decide to try the case in the magistrates' court and send the defendant to the Crown Court for sentencing later if necessary.
105
What options do defendants have regarding trial location for either way offences?
* Elect trial by jury
* Have the trial remain in the magistrates' court
106
What is the function of the Plea and Trial Preparation Hearing in the Crown Court?
It is the next hearing after a case is sent to the Crown Court for further proceedings.
107
What jurisdiction do magistrates have in an indictable only case?
Magistrates only handle administrative matters and cannot deal with the trial.
108
True or False: A defendant must always plead guilty at the first hearing.
False
109
Fill in the blank: The test for allocation is located in Section _____ of the Magistrates’ Courts Act 1980.
19
110
What is the purpose of case management at the first hearing in the magistrates' court?
To set out directions for trial and establish a trial date.
