1: overview Flashcards
What court are trials on indictment?
Crown Court
What court are trials on summary?
Mags
Indict offence =
offence triable on indictment - exclusively or EW
Summary offence =
triable only summarily
EW offence =
offence is triable either on indictment or summarily
Offence = triable EW if:
- Listed as one; or
- Enactment specifies penalty on summary + different on indictment.
Common law
Are they indictment or sumamry?
Common – law offences are all indictable unless expressed otherwise.
To manage the trial, the court MUST:
- Establish with active assistance of parties, what disputed issues are
- Consider setting a timetable
OFFENCE
CLASSIFICATION
Theft:
Either-way
OFFENCE
CLASSIFICATION
Robbery:
Indictable only
OFFENCE
CLASSIFICATION
Burglary:
Either-way (but if burglary comprises commission of indictable only offence; or dwelling burglary with violence; or domestic burglary by adult with 2 previous convictions for domestic burglary, then the offence becomes indictable only)
OFFENCE
CLASSIFICATION
Fraud:
Either-way
OFFENCE
CLASSIFICATION
Sexual Assault:
Either-way
OFFENCE
CLASSIFICATION
Rape:
Indictable only
OFFENCE
CLASSIFICATION
Common Assault:
Summary only
OFFENCE
CLASSIFICATION
ABH:
Either-way
OFFENCE
CLASSIFICATION
s 18 GBH:
Indictable only
OFFENCE
CLASSIFICATION
s 20 Wounding:
Either-way
OFFENCE
CLASSIFICATION
Criminal Damage:
Either-way unless value £5,000 or less when it is summary only
OFFENCE
CLASSIFICATION
Possession Class A:
Either-way
OFFENCE
CLASSIFICATION
Possession Class B:
Either-way
OFFENCE
CLASSIFICATION
Possession with intent to supply Class A:
Either-way
OFFENCE
CLASSIFICATION
Possession with intent to supply Class B:
Either-way
Damage not exceeding £5,000 MUST be dealt :
HOW?
as if triable only summarily.
S40 CJA allows certain sum offences to appear on indictment if linked to indictable offence for which D sent to CC. Including:
- Common assault
- Taking motor vehicle without consent
- Driving whilst disqualified; and
- Criminal damage not exceeding £5,000
Crown Court
CC is a SINGLE court. But sits in different locations. Choice of location depends on:
- Nature of offence;
- Convenience of parties;
- Desirability of expediting the trial; and
- Any direction given by presiding judge
Appeals goes to CA. BUT decisions of CC not relating to trial on indictment may be challenged in HC by appeal case stated or app for judicial review. Person convicted by Mags if pleaded not guilty, may appeal to CC against conviction/sentence.
Who are the judges in the CC?
- Any judge in HC; or
- Any circuit judge, recorder, qualifying judge advocate or District judge; or
Main judges = HC judges, circuit judges + recorders.
What is the role of justices?
When CC comprises judge sitting with justice/justices, decision MAY = majority. Justices may out-vote professional judge. Even number = judge casting vote.
Mags
Court
Consists of:
justice of the peace.
Mags exercised with at least 2 lay justices sitting in open court. District judges norm sit alone.
Jursidction of Mags court:
try summary offence + EW.
Mags can try EW offence if:
- Offence not so serious court’s powers of punishment would be inadequate; and
- D agrees
Appeal to SC
TEST:
Pros/Def can appeal a decision of CA to SC only if:
- CA or SC considers appeal involves point of law, of general public importance.
- CA must certify this
Time limit for appeal to SC?
App – no more than 28 dys after decision or court gives reasons. Time runs on day, not after. Form SC must be served on Registrar + all parties. CA may refuse on papers.
Can the SC grant a representation order?
SC has no power to grant representation orders
Must you have leave to appeal to SC?
. Leave to court – if CA certifies question, but leave refused, party may apply for leave to SC within 28 days on which CA gives reasons for refusal.
Overriding objective:
- convicting guilty
- Dealing with pros + def fairly
- Recognising rights of D
- Respecting interests of witnesses, victims + jurors + keeping them informed of the progress of the case
- Dealing with case efficiently + expeditiously
- Ensuring appropriate info available to court when bail + sentence considered; and
- Dealing with case taking into account
- Gravity of offence
- Complexity
- Severity of consequence; and
Needs of other cases
FUNDING
Granting of legal aid should be made to:
electronically.
LAA (legal aid agency) responsible for making determination of apps for representation orders in CC. Apps made electronically.
FUNDING
Which court may make a representation order?
NOT MAGS OR SC
ONLY: CC
Mags = no power to grant representations, save when considering appeal against refusal of representation.
FUNDING
CC MAY grant representation order where + on oral app where
- Proceedings are contempt of court
- Proceedings arise out of failure to comply with order of CC _ no time to instruct provider; or
- D brought back to court after CC warrant.
There is NO means test for these apps. CC may consider appeals against refusal to grant rep order where interests of justice merits test not automatically met.
FUNDING
Decision on whether individual qualifies LA depends on:
- Means test; and
- Interest of justice
FUNDING
Interests of justice test:
- D is likely to lose his liberty or livelihood or suffer serious damage to his reputation;
- Proceedings involve a substantial question of law
- Individual may be unable to understand
- Proceedings involve the tracing, interviewing or expert cross examination of witness; and
- Whether in interests of another person that D is represented.
For proceedings on indictment the interest of justice test is deemed met.
Appeals to CC are not automatically covered.
What are the role of parties?
D’s duty = help identify real issues. If he refuses, he cannot derive an advantage from this.
What is a:
Case progression officer?
Each party + court MUST appoint a case progression officer at commencement of proceedings + inform others how to contact. Communication encouraged electronic + resolution of issues without necessity of hearing.
What is
Practical case management?
address early identification of guilty pleas + completion of Preparation for Effective Trial form while case still in Mags + allegation contested.
Failure abide by time limits =
What happens?
Rare judge - exclude evidence of substantial probative value but would be okay only to ensure fairness. Court should consider if parties were prejudiced by late notice, reasons for delay + consequences. Court can extend time-limit even after expired.
Making use of technology includes using telephone facilities, can be used at pre-trial case management if:
- Telephone facilities more convenient than live links
- Unless at that hearing the court expects to take D’s plea; and
- Only if:
- D represented; or
- Exceptionally, D can participate without a representation.
Active case management: includes:
- Early identification of real issues;
- Early identification of needs of witnesses;
- Early setting of timetables;
- Monitoring progress of the case + compliance with directions;
- Ensuring evidence is presented in shorted + clearest way
- Discouraging delay
- Encouraging participants to co-operate
- Making use of technology
When must there be communitcation between pros + def?
There MUST be communication between pros + def at first opp, no later than first day hearing
Court MAY nominate judge to manage the case. At any hearing, if case cannot be concluded there, the court MUST give directions so it can be concluded at next hearing or ASAP. Where D need interpretation, court officer MUST arrange for this.
