03 First hearings before the magistrates’ court

Question 1

Classification of offenses

Answer 1

• Summary only: least serious offences and may only be dealt with by the magistrates’ court.
• Either-way offences: offences that can be dealt with either by the magistrates’ court or by the Crown Court.
• Indictable only: most serious offences that can only be dealt with in the Crown
  Court.

Question 2

Applying for a representation order

Answer 2

A defendant will have to pay for legal representation unless they apply for a representation order (i.e. public funding by legal aid)

2 stage test for legal aid application:

(a) the interests of justice test – the defendant must show that it is in the interests of justice that they receive public funding to cover the cost of their legal representation - factors that are taken into account:

1. It is likely that I will lose my liberty (e.g. either the offence itself is a serious offence and/ or because the defendant has a bad criminal record)
2. I have been given a sentence that is suspended or non-custodial. If I break this,
   the court may be able to deal with me for the original offence.
3. It is likely that I will lose my livelihood.
4. It is likely that I will suffer serious damage to my reputation.
5. A substantial question of law may be involved ( whether arising from an act,
   judicial authority or other source).
6. I may not be able to understand the court proceedings or present my own case.
7. Witnesses may need to be traced or interviewed on my behalf.
8. The case involves expert cross-examination of a prosecution witness.
9. It is in someone else’s interests that I am represented.
10. Any other reasons.

(b) the means test – the defendant must demonstrate that their finances are such that they are unable to pay for the cost of their legal representation.

The following defendants will receive criminal legal aid automatically:
- applicants who receive income support, income-based jobseeker’s allowance, guaranteed state pension credit, income-based employment and support allowance or universal credit; and
- applicants who are under the age of 18.

Question 3

What happens at the first hearing?

Answer 3

What happens at the first hearing is determined by a number of things, including:

(a) the classification of the offence;
(b) the plea the defendant enters in respect of summary or either- way offences;
(c) the level of detail provided by the CPS of the prosecution case; and
(d) whether public/ private funding has been secured.

Question 4

Initial details of the prosecution case (IDPC)

Question 5

Contents of IDPC

Answer 5

IDPC includes the following:
1. where the defendant was in police custody for the
offence charged immediately before the first hearing in the magistrates’ court:
(a) a summary of the circumstances of the offence; and
(b) the defendant’s criminal record, if any; or

2. in all other cases:
   (a) a summary of the circumstances of the offence;
   (b) any account given by the defendant in interview, whether contained in that summary or in another document;
   (c) any written witness statement or exhibit that the prosecutor has available and
   considers material to plea, or to the allocation of the case for trial or to sentence;
   (d) the defendant’s criminal record, if any; and
   (e) if available, a victim impact statement.