W3

Question 1

What happens at the first hearing for adult defendants in a magistrates’ court?

Answer 1

At the first hearing, adult defendants in a magistrates’ court are asked to enter their plea to a charge. The prosecution is obliged to serve ‘initial details’ that include a summary of the circumstances of the offense and the defendant’s criminal record. The exact proceedings depend on the classification of the offense.

Question 2

What determines the location and format of the first hearing for adult defendants?

Answer 2

The location and format of the first hearing for adult defendants are determined by the category of offense they are charged with. Summary-only offenses can only be dealt with in the magistrates’ court, either-way offenses can be dealt with in the magistrates’ court or the Crown Court, and indictable-only offenses can only be dealt with in the Crown Court.

Question 3

What are the timing requirements for the first hearing for defendants on bail?

Answer 3

For defendants on bail, the first hearing must be within 14 days of being charged if a guilty plea is anticipated to be sentenced in a magistrates’ court, and within 28 days of being charged if the defendant is expected to plead not guilty or if the case is likely to go to the Crown Court for trial or sentence. If a defendant was detained in police custody following the charge, they must be brought before the next available court.

Question 4

What happens if a defendant fails to attend the first hearing as required?

Answer 4

If a defendant fails to attend the first hearing as required, the court can issue a warrant for their arrest. Failure to surrender to bail at the appointed time is an offense under the Bail Act 1976. The court will consider whether it can proceed with the hearing in the absence of the defendant, depending on the nature of the case.

Question 5

What information must be included in the initial details of the prosecution case?

Answer 5

The initial details of the prosecution case must include a summary of the circumstances of the offense, any account given by the defendant in an interview, any written statements and exhibits that are available and material to plea and/or mode of trial or sentence, victim impact statements, and the defendant’s criminal record. The information provided must be sufficient to allow the court to take an informed view on plea and venue for trial.

Question 6

What happens at the first hearing for summary-only offenses in the Crown Court?

Answer 6

Summary-only offenses in the Crown Court are an exception to the general rule that they are dealt with in the magistrates’ court. If a defendant is charged with an offense to be tried in the Crown Court and there is a related summary-only offense, the summary-only offense must be sent to the Crown Court and included on the indictment. The jury will consider it and return a verdict.

Question 7

What happens if a defendant pleads guilty at the first hearing for an either-way offense?

Answer 7

If a defendant pleads guilty at the first hearing for an either-way offense, the court may deal with the offense in any way that would have been open to a magistrates’ court. If there are two or more either-way offenses, the maximum sentence in the magistrates’ court is 12 months imprisonment. If the court decides that its sentencing powers are sufficient, sentence may be passed immediately or adjourned for the preparation of a pre-sentence report (PSR).

Question 8

What happens if a defendant pleads not guilty at the first hearing for an either-way offense?

Answer 8

If a defendant pleads not guilty at the first hearing for an either-way offense, the court will decide whether to allocate the case to a magistrates’ court (accept jurisdiction) or send it to the Crown Court (decline jurisdiction). The defendant can also ask for an indication of sentence if they were to plead guilty instead, and the court has the discretion to give it. The court conducts any necessary case management.

Question 9

What is the criminal justice process for adult defendants?

Answer 9

The criminal justice process for adult defendants begins with a person being arrested and brought before the magistrates’ court. They are asked to enter a plea, and depending on the plea, the court either moves to sentence or proceeds to trial. If the verdict is guilty, the defendant must be sentenced, and if they are not guilty, they are acquitted of the charge. A person who is sentenced following either a guilty plea or verdict may appeal.

Question 10

What happens at the first hearing for indictable-only offenses?

Answer 10

For indictable-only offenses, the magistrates’ court has no jurisdiction to deal with them. Therefore, a defendant charged with an indictable-only offense makes only a brief first appearance in a magistrates’ court. The court will deal with bail and legal aid, and then the defendant is sent to the Crown Court where they will enter a plea. The hearing at the Crown Court takes place three or four weeks later, depending on the defendant’s bail status.

Question 11

What happens if a defendant fails to attend the first hearing as required when summonsed to court?

Answer 11

If a defendant has been summonsed to court (typically used for non-imprisonable, minor, or road traffic offenses) and fails to attend as required, they do not commit any offense for non-appearance. As long as the prosecution has served the statements and the defendant has been warned of the hearing, the case can proceed in the absence of the defendant. If convicted, the penalty can also be imposed in absentia.

Question 12

What are the initial details of the prosecution case and when must they be served?

Answer 12

The initial details of the prosecution case must include a summary of the circumstances of the offense and the defendant’s criminal record. The prosecution is obliged to serve the initial details on the court officer as soon as practicable and no later than the beginning of the day of the first hearing. If a defendant requests those details, the prosecutor must serve them on the defendant as soon as practicable and no later than the beginning of the day of the first hearing.

Question 13

What happens if the defendant indicates a guilty plea at the first hearing for an either-way offense?

Answer 13

If the defendant indicates a guilty plea at the first hearing for an either-way offense, the court will treat it as a formal plea of guilty and proceed to sentence. The court must consider whether its sentencing powers would be sufficient given the nature of the offense. A magistrates’ court does not have the power to impose more than 6 months imprisonment for any summary-only or either-way offense, or more than 12 months imprisonment for two or more either-way offenses.

Question 14

What happens if the defendant pleads not guilty at the first hearing for an either-way offense?

Answer 14

If the defendant pleads not guilty at the first hearing for an either-way offense, the court will decide whether to allocate the case to a magistrates’ court (accept jurisdiction) or send it to the Crown Court (decline jurisdiction). The defendant can also ask for an indication of sentence if they were to plead guilty instead, and the court has the discretion to give it. The court conducts any necessary case management.

Question 15

What options remain open to the court in sentencing?

Answer 15

The court should make it clear that all sentencing options, including committal to the Crown Court for sentence, remain open.

Question 16

When would a defendant be committed for sentence to the Crown Court?

Answer 16

If the Mags court decides that its powers are insufficient either because the sentence exceeds their maximum, or because the defendant should be made subject to a sentence of a kind that they cannot pass, then the defendant will be committed for sentence to the Crown Court.

Question 17

Under what circumstances would a magistrates’ court order a Pre-Sentence Report (PSR) for use by the Crown Court?

Answer 17

A magistrates’ court should order a PSR for use by the Crown Court if it considers that there is a realistic alternative to a custodial sentence, or the defendant may be a dangerous offender, or there is some other appropriate reason for doing so.

Question 18

What happens if a defendant pleads not guilty?

Answer 18

If a defendant indicates a not guilty plea, then the court moves on to consider where the trial will be held. This is known as allocation and is set out in s 19 Magistrates’ Courts Act 1980. Additionally, the court must follow the allocation guideline.

Question 19

What factors does the court consider when deciding whether to accept jurisdiction for a case?

Answer 19

The court must take into account the allocation guideline, which indicates that either-way offences should generally be tried summarily unless the court’s sentencing powers would be insufficient or for reasons of unusual legal, procedural, or factual complexity, the case should be tried in the Crown Court. The court should also consider the relevant sentencing guidelines, any associated case law, and the submissions of the parties.

Question 20

What happens if a case is retained and tried in the magistrates’ court?

Answer 20

If the Mags court decides to retain jurisdiction, the defendant will be informed that the court has decided that summary trial is more suitable. The defendant can consent to be tried summarily or, if they wish, be tried by a jury. If the defendant is tried summarily and convicted, they may still be committed to the Crown Court for sentence

Question 21

What is the purpose of an indication of sentence?

Answer 21

An indication of sentence allows the defendant to ask for an indication of what the sentence would be if they were to plead guilty instead. The court has the discretion to give an indication, which is confined to telling the defendant whether the sentence would be custodial or non-custodial. If the defendant asks for an indication and one is given, they can change their plea to guilty, and the process will be as if they had pleaded guilty from the outset.

Question 22

What happens if a defendant elects to be tried by a jury?

Answer 22

If the defendant elects trial at the Crown Court, the matter is sent pursuant to s 51 Crime and Disorder Act 1998, and the defendant will make their next appearance at the Crown Court. The defendant has no right to elect a magistrates’ court trial in these circumstances.

Question 23

What are the advantages of electing trial on indictment in the Crown Court?

Answer 23

The advice to elect trial on indictment in the Crown Court is often given because the acquittal rate is higher in the Crown Court, the jury is more willing to acquit, and the separate tribunals of law and fact in the Crown Court can be advantageous to the defendant. Additionally, voir dire procedures allow the judge to hear arguments to exclude evidence in the absence of the jury. It is not always the case that a Crown Court judge will sentence more harshly than a magistrates’ court.

Question 24

What are the advantages of consenting to summary trial in a magistrates’ court?

Answer 24

Proceedings in a magistrates’ court are less formal, the waiting time before the trial date is much shorter, the trial itself is much quicker, and they do not require a defendant to serve a defence statement. Magistrates have to provide reasons for their decision, whereas juries do not give reasons. Magistrates have less sentencing powers than those of the Crown Court. However, the magistrates’ court has the power to commit to the Crown Court for sentence even after trial.

Question 25

What happens if a defendant consents to summary trial in a magistrates’ court?

Answer 25

If the defendant consents to summary trial, the court progresses as if the case were a summary only offence and sets a trial date. The court conducts any case management that is required.

Question 26

What happens if a defendant elects trial at the Crown Court?

Answer 26

If the defendant elects trial at the Crown Court, the matter is sent pursuant to s 51 Crime and Disorder Act 1998, and the defendant will make their next appearance at the Crown Court. The court will complete the case management questionnaire.

Question 27

What are the exceptions to the rule regarding the venue for certain offences?

Answer 27

There are exceptions to the rule that summary only offences must be dealt with in the magistrates’ court, indictable only offences must be sent to the Crown Court, and either-way offences can be dealt with in either court. Some exceptions include low-value shoplifting, criminal damage cases involving complex fraud or where children may be called as witnesses.

Question 28

What is the treatment of low-value shoplifting cases?

Answer 28

Low-value shoplifting, defined as stealing goods valued at £200 or less, is treated as a summary only offence. The maximum sentence is 6 months. However, the defendant still has the right to elect to be tried at the Crown Court under s 22A(2) Magistrates’ Courts Act 1980.

Question 29

How is criminal damage classified in terms of venue?

Answer 29

Although criminal damage is classed as an either-way offence, it can be dealt with at the Crown Court only when the damage is over £5000 or caused by fire (arson). If the damage is £5000 or less, the offence becomes summary only and must be dealt with in the magistrates’ court.

Question 30

Under what circumstances are cases involving complex fraud or where children may be called as witnesses sent directly to the Crown Court?

Answer 30

Cases involving complex fraud or where children may be called as witnesses are sent directly to the Crown Court if notice has been given under section 51B (regarding fraud) or section 51C (regarding children) of the Crime and Disorder Act 1998. Although the offences themselves might be classed as either-way, these types of cases will be sent to the Crown Court without going through the plea before venue or allocation procedure.

Question 31

What is the principle commonly referred to as the ‘right to bail’?

Answer 31

The principle commonly referred to as the ‘right to bail’ is based on the presumption that a defendant is entitled to bail. The prosecution needs to apply for the remand into custody of a defendant, and it is only if an objection is properly made out that bail can be refused.

Question 32

Who has to make the first move and apply for the defendant to be remanded into custody?

Answer 32

In cases where the right to bail applies, it is the prosecution that has to make the first move and apply for the defendant to be remanded into custody in order to rebut the right to bail on a legally specified objection.

Question 33

When does the right to bail still apply to a person?

Answer 33

The right to bail still applies to a person after conviction when the case is adjourned to assist in sentencing, although the concerns about a defendant absconding may be more serious following conviction. The right to bail also applies when a person is alleged to have breached a requirement of a community order.

Question 34

What are the exceptions to the right to bail?

Answer 34

The right to bail does not apply to those appealing their conviction or sentence, or to defendants being committed for sentence from the Magistrates’ Court to the Crown Court. However, bail can still be granted in these cases; the presumption just does not apply.

Question 35

Why are defendants appealing their conviction or sentence less likely to be granted bail?

Answer 35

Defendants appealing their conviction or sentence are less likely to be granted bail because a court has already concluded that the defendant is guilty. The courts are less anxious about putting a person already determined to be guilty into custody than those who are still awaiting their trial.

Question 36

What are the primary grounds for objecting to bail in indictable cases?

Answer 36

The primary grounds for objecting to bail in indictable cases are: 1) the belief that the defendant will fail to attend a subsequent hearing (failure to surrender to custody), 2) the belief that the defendant will commit further offences on bail, and/or 3) the belief that the defendant will interfere with witnesses or obstruct the course of justice.

Question 37

What factors does the court consider when analyzing the grounds for objecting to bail in indictable cases?

Answer 37

When analyzing the grounds for objecting to bail in indictable cases, the court considers factors such as the nature and seriousness of the offence, the character and antecedents of the defendant, their associations and community ties, their bail record, the strength of evidence, and the risk of physical or mental injury.

Question 38

What is the test for determining if the grounds for objection to bail in indictable cases are made out?

Answer 38

The test for determining if the grounds for objection to bail in indictable cases are made out is whether there are ‘substantial grounds for believing’ that if granted bail, the defendant will behave in a way that the ground specifies. It is not necessary to conclude that the defendant would behave in the specified way, but only to show that the fears of the behavior happening have substance and merit.

Question 39

What is the purpose of the final filter when considering bail under one of the ‘big three’ objections?

Answer 39

The purpose of the final filter when considering bail under one of the ‘big three’ objections is to ensure that bail should not be removed if the defendant is charged with an offence (or offences) where there are no real prospects of the defendant receiving a custodial sentence.

Question 40

What are the grounds for objecting to bail in cases where the defendant is charged with an offence that suggests they would cause injury to a partner or family member?

Answer 40

In cases where the defendant is charged with an offence that suggests they would cause injury (mental or physical) to a partner or family member, the grounds for objecting to bail are that there are substantial grounds to believe that the defendant would commit an offence on bail by engaging in conduct that would, or would be likely to cause physical or mental injury to an associated person. An associated person refers to a spouse, partner, or family member.

Question 41

What are the grounds for objecting to bail in cases where the defendant is charged with abuse of drugs?

Answer 41

In cases where the defendant is charged with abuse of drugs, the grounds for objecting to bail are that if the test shows that the defendant has a Class A drug in their body and the offence relates to a Class A drug or was caused/motivated by the defendant taking Class A drugs, the court may not grant bail unless there is no significant risk of the defendant committing an offence on bail.

Question 42

What are the three grounds for remanding a defendant in custody when the defendant need not be granted bail?

Answer 42

The three grounds for remanding a defendant in custody when the defendant need not be granted bail are: 1) if a remand in custody would be for the defendant’s own protection, 2) if the court has insufficient information to deal with the issue of bail and needs time for the production of sufficient evidence, and/or 3) if the defendant is already serving a sentence in custody.

Question 43

What are the additional grounds for objecting to bail in cases of serious crime or crimes of particular character?

Answer 43

In cases of serious crime or crimes of particular character, there are additional grounds for objecting to bail. These include situations where there are no real prospects of the defendant receiving a custodial sentence, where the defendant is charged with an offence that suggests they would cause injury to an associated person, and where the defendant has breached bail conditions in the past.

Question 44

What are the grounds for objecting to bail in summary offences?

Answer 44

In summary offences, the grounds for objecting to bail are only available if a defendant, having been given bail, breaches a condition of that bail in these proceedings or has a conviction for ‘fail to surrender’ in their past. The grounds are activated by a trigger event, such as the defendant being arrested for a breach of bail.

Question 45

What is the threshold for the grounds of objection to bail in summary offences?

Answer 45

In summary offences, the general rule is that the grounds for objection to bail are only activated if the defendant, having been given bail, breaches a condition of that bail in these proceedings or has a conviction for ‘fail to surrender’ in their past. The grounds are only eligible if the defendant is arrested for a breach of bail.

Question 46

What are the grounds for objection to granting bail?

Answer 46

The grounds for objection to granting bail include substantial grounds for believing that the defendant will fail to surrender, commit further offenses, or interfere with witnesses. The specific grounds depend on the nature and seriousness of the offense, whether it is an imprisonable offense (indictable or summary), and the defendant’s bail record.

Question 47

Under what circumstances does bail need not be granted again if the defendant absconds?

Answer 47

If the defendant absconds while on bail for an indictable offense and there are no realistic prospects of the defendant receiving a custodial sentence, bail need not be granted again. This applies prior to conviction.

Question 48

What are the common bail conditions that can be imposed?

Answer 48

Common bail conditions include residence at a given address, curfew, reporting to a local police station at given times, surety, security, restrictions on movement or contact, electronic monitoring, bail hostel, and surrender of passport. These conditions aim to reduce the risk of the defendant absconding or committing further offenses.

Question 49

What are the consequences of breaching bail conditions?

Answer 49

Breach of bail conditions may result in the accused being arrested under the Bail Act 1976. While breaching bail conditions is not an offense itself, it can lead to bail being withdrawn, tighter bail conditions, or being remanded in custody until the case is concluded.

Question 50

What is the difference between a factor and a ground for objection to bail?

Answer 50

Factors are considerations that help the court determine if the grounds for objection to bail are made out. They are not grounds themselves. Grounds for objection are legitimate reasons to object to granting bail, such as substantial grounds for believing that the defendant will fail to surrender or commit further offenses.

Question 51

How can bail conditions be varied?

Answer 51

Applications to vary bail conditions can be made by either the defense or the prosecution on advance notice to the other party. The application should be made to the court that granted bail, and a hearing may not always be necessary.

Question 52

What is the purpose of imposing bail conditions?

Answer 52

Bail conditions are imposed to reduce the risks associated with granting bail. They aim to ensure the defendant’s compliance, prevent further offenses, and address concerns such as failing to surrender, committing further offenses, or interfering with witnesses.

Question 53

What is the offense of failing to surrender to custody?

Answer 53

Failing, without reasonable cause, to surrender to custody is an offense under the Bail Act 1976. It is commonly known as ‘failing to surrender’ (FTS). Breaching bail conditions, however, is not an offense itself.

Question 54

What are the factors considered when determining bail conditions?

Answer 54

When considering the grounds for objecting to bail, the court takes into account factors such as the nature and seriousness of the offense, the character of the defendant, the defendant’s bail record, the strength of the evidence, and the defendant’s community ties. These factors help the court determine if the grounds for objection are made out.

Question 55

What is the only bail breach which is a criminal offence is failing, without reasonable cause, to surrender to custody known as?

Answer 55

Failing, without reasonable cause, to surrender to custody is an offense under the Bail Act 1976. It is commonly known as ‘failing to surrender’ (FTS). Breaching bail conditions, however, is not an offense itself.

Question 56

What are the factors considered when determining bail conditions?

Answer 56

When considering the grounds for objecting to bail, the court takes into account factors such as the nature and seriousness of the offense, the character of the defendant, the defendant’s bail record, the strength of the evidence, and the defendant’s community ties. These factors help the court determine if the grounds for objection are made out.

Question 57

What are the potential penalties for failing to surrender?

Answer 57

Failing to surrender is an offence punishable summarily by up to three months’ imprisonment and/or an unlimited fine, or 12 months and/or an unlimited fine on indictment.

Question 58

What happens if the prosecution has objections to bail?

Answer 58

If the prosecution has objections to bail, after hearing both the prosecution and the defence submissions, the court will announce its decision.

Question 59

What are the conditions for granting bail under the Bail Act 1976

Answer 59

If the defendant has a right to bail under section 4 of the Bail Act 1976, the court must give its reasons if it refuses bail or imposes conditions.

Question 60

What are the rules for further applications for bail in the magistrates’ court?

Answer 60

The general rule is that a defendant who is having a trial in the magistrates’ court can have two attempts at getting bail at the magistrates’ court, and one attempt on appeal to the Crown Court. The timeline for bail attempts varies depending on whether it is a usual or urgent case.

Question 61

What happens if the prosecution appeals against the granting of bail?

Answer 61

It is very rare for the prosecution to appeal against the granting of bail. However, if the prosecution does appeal, the appeal is heard within 48 hours by a Crown Court Judge.

Question 62

What are custody time limits and how do they affect remand in custody?

Answer 62

Custody time limits are rules that seek to prevent unduly long periods of time being spent on remand in custody awaiting trial. The prosecution cannot hold a defendant beyond the custody time limits unless the court has sanctioned an extension. The limits depend on the classification of the offence.

Question 63

What is the procedure for applying for bail in the magistrates’ court?

Answer 63

If the defendant has been refused bail by the police, they will appear before the next available magistrates’ court in custody. The defence advocate will check with the prosecutor to see if the prosecutor intends to object to bail being granted. If the prosecutor has no objections, this will be stated to the court. If the prosecution objects, the prosecutor will outline the objections to the court. The defence then presents its arguments for bail to be granted. After hearing both the prosecution and the defence submissions, the court will announce its decision.

Question 64

What are the rules for bail attempts in the magistrates’ court?

Answer 64

The general rule is that a defendant who is having a trial in the magistrates’ court can have two attempts at getting bail at the magistrates’ court, and one attempt on appeal to the Crown Court. However, there are some complications around this general principle. If bail is refused, the defendant can repeat the same application and have a second attempt at getting bail at the next hearing. Thereafter, the defendant has either to appeal the decision against granting bail to the Crown Court or find fresh points to make.

Question 65

What is the timeline for bail attempts in the Crown Court?

Answer 65

In the usual case, the defendant attends court the first time the case is listed and applies for bail. If the defendant is unsuccessful, the case will be returned to court a week later where the issue of bail can be raised a second time without any restriction or qualification, and the defendant can apply again. Appeals are heard one business day after an appeal notice is served. The defendant can only apply again if there has been a change in circumstances.

Question 66

What is the timeline for bail attempts in urgent cases?

Answer 66

In urgent cases, the defence may wish to exercise its appeal right more quickly than would be allowed by waiting a week for a second attempt in the magistrates’ court. The Crown Court will hear a bail appeal no later than one business day after the appropriate notice is served. If a defendant appeals to the Crown Court after only one application in the magistrates’ court, then the defendant loses the right to a second application in the magistrates’ court. The defendant can only apply again if there has been a change in circumstances.