1. Pre Trial Procedure in Magistrates Court

Question 1

What is the required timing for the disclosure of initial details of the prosecution case according to Crim PR Part 8?

Answer 1

The prosecutor must provide initial details of the prosecution case to the court as soon as practicable, and no later than the beginning of the day of the first hearing.

Question 2

What happens if the accused requests the initial details of the prosecution case?

Answer 2

If the accused requests the initial details, the prosecutor must serve them as soon as practicable, no later than the beginning of the first hearing.

Question 3

What must the prosecutor do if the accused does not request the initial details of the prosecution case?

Answer 3

If the accused does not request the initial details, the prosecutor must at least make them available at or before the first hearing.

Question 4

What constitutes ‘initial details’ of the prosecution case if the accused was in police custody before the first hearing?

Answer 4

If the accused was in police custody before the first hearing, the initial details include a summary of the circumstances of the offence and the accused’s criminal record (if any).

Question 5

What constitutes ‘initial details’ of the prosecution case if the accused was not in police custody before the first hearing?

Answer 5

If the accused was not in police custody before the first hearing, the initial details include a summary of the circumstances of the offence, any account given by the accused in the interview, and any available witness statements and exhibits that are material to plea, mode of trial, or sentence.

Question 6

Why is it essential that the initial details provided are sufficient?

Answer 6

Initial details are essential to assist the court in identifying the real issues and giving directions for an effective trial in either court.

Question 7

What are the consequences of failing to disclose the initial details of the prosecution case under Part 8?

Answer 7

There is no specific sanction under Part 8 for failing to disclose initial details. However, magistrates’ courts can issue a direction under Crim PR 3.5, compelling the prosecution to comply, with likely outcomes being an adjournment of the hearing or a costs sanction.

Question 8

What restrictions are there on introducing late evidence in the case of failure to provide initial details?

Answer 8

Where the prosecution seeks to introduce information from a document listed in CPR 8.3, but has not served it or made it available, they cannot do so unless the court grants the defence sufficient time to consider it.

Question 9

What is the court’s power regarding dismissal for non-compliance with providing initial details?

Answer 9

Courts cannot dismiss charges simply because the prosecution failed to provide initial details. There is no power to dismiss for non-compliance in this context.

Question 10

What is allowed under the CJA 2003 regarding pre-trial hearings?

Answer 10

The Criminal Justice Act (CJA) 2003, section 51 allows courts to require or permit a person to take part in eligible criminal proceedings via live link. This includes preliminary hearings, hearings after a guilty plea, and sentencing hearings.

Question 11

What must the court ensure when using a live link for pre-trial hearings?

Answer 11

When using a live link for pre-trial hearings, the court must ensure it is in the interests of justice. Parties must be given the opportunity to make representations, and factors like the need for the person to attend in person, views of the person involved, suitability of the facilities, and effectiveness of participation are considered.

Question 12

What additional considerations must courts take into account for sentencing hearings via live link?

Answer 12

For sentencing hearings, courts must consider the potential penalty, ensure explanations of the sentence can be given properly to all participants and the public, take into account victim preferences, and assess whether youths should be sentenced over a live link, which is generally not advised.

Question 13

What is the protocol for preliminary hearings regarding bail applications via live link?

Answer 13

Preliminary hearings, including bail applications, are generally suitable for live link attendance by all advocates as allowed under the CJA 2003, section 51.

Question 14

What is the process when the accused is charged at a police station and appears for their first time before the magistrates’ court?

Answer 14

When the accused is charged at a police station, the first appearance before the magistrates’ court may be before a single justice. The magistrate must inquire if the accused wishes to apply for legal aid, which if requested, may lead to an adjournment to make necessary arrangements. The magistrate has the authority to remand

An early administrative hearing may be conducted by a justices’ clerk, but they cannot remand the accused in custody or impose new bail conditions without consent

Question 15

What are the conditions under which a preparation for trial hearing in the magistrates’ court is not held

Answer 15

A preparation for trial hearing is not held if the accused is sent for trial in the Crown Court, enters a written guilty plea, or if the single justice procedure is applicable. Additional pre-trial case management hearings may be scheduled if necessary.

Question 16

At a preparation for trial hearing the court must

Answer 16

Ensure the accused understands the credit for a guilty plea.
Take a plea or assess whether a guilty plea is likely.
If no guilty plea, ensure the accused understands:
The right to give evidence.
That the trial may proceed in their absence if they fail to attend.
That failure to attend while on bail is an offence and may result in arrest or withdrawal of bail.
Confirm the accused’s name and date of birth (r. 3.16(5))

Question 17

What are pre trial rulings and when do they take place

Answer 17

Applies to cases being tried summarily where accused has entered a not guilty plea (s.8A(1))
Takes place before
Prosecution evidence is heard OR
In fitness to plead cases, before court decided whether to make a hospital order

Question 18

Power to make pre trial ruling

Answer 18

Magistrates court may rule on admissibility of evidence and other legal issues
Ruling can only be made if
Both parties have had opportunity to be heard
It is in interests of justice

Question 19

Binding nature of pre trial rulings

Answer 19

Binding until case is disposed of
Can only be discharged of varied if
In interests of justice
There has been a material change in circumstances since the ruling

Question 20

appeals against pre trial rulings

Answer 20

No statutory right of appeal
Errors of law may form basis for appeal by case stated under MCA 1980, once the proceedings are finally determined

Question 21

what is ambiguous plea

Answer 21

If an accused qualifies their guilty plea with words suggesting they may have a defence (e.g., “Guilty, but it was an accident” or “Guilty, but I was going to give it back”),

Question 22

what do court do in response to ambiguous plea

Answer 22

The court must:
Explain the relevant law to the accused.
Clarify whether the accused genuinely intends to plead guilty.

If the plea remains unclear, the court must enter a not guilty plea on behalf of the accused

Question 23

Consequences of imperfect guilty plea

Answer 23

If the court sentences on an ambiguous plea, the accused has good grounds for appeal.
The original proceedings would be treated as a mistrial, and the Court of Appeal may:
Set aside the conviction and sentence and order a retrial.
Simply quash the conviction.
If retrial is ordered then court may either
Enter a not guilty plea immediately, or
Order the accused to be re-arraigned in the court below.

Question 24

Reasons for consenting to summary trial/ opting for CC trial - SENTENCING

Answer 24

Summary trial is often seen as advantageous due to the limited sentencing powers of magistrates.
However, this advantage is nullified by the magistrates’ power to commit the accused for sentencing in the Crown Court under Sentencing Act 2020, s. 14.

Question 25

Reasons for consenting to summary trial/ opting for CC trial - ADMISSIBILITY OF EVIDENCE

Answer 25

Trial on indictment one advantage is that submissions on admissibility of evidence are made in the absence of the jury, ensuring the jury does not hear inadmissible material Summary Trial Under Courts Act 2003, sch. 3, magistrates may make pre-trial rulings on admissibility, which then bind the trial bench (see D21.35). This provides some of the same safeguards as in Crown Court proceedings.

Question 26

Reasons for consenting to summary trial/ opting for CC trial - DISCLOSURE OF PROSECUTION WITNESS STATEMENTS

Answer 26

defence automatically receives copies of prosecution witness statements during case transfer to the Crown Court. MC - While this is not an automatic entitlement, as a matter of good practice, the prosecution will provide the defence with all the evidence they intend to rely upon. In practice, an accused tried summarily should receive the same level of disclosure as one tried on indictment.

Question 27

Who is defence statement served on in CC trials

Answer 27

Court Prosecutor

Question 28

Contents of defence statement in CC trials

Answer 28

Nature of the accused’s defence, including any specific legal defences (e.g., self-defence, duress). Matters of fact disputed by the accused, with reasons for challenging them. Matters of fact relied upon by the accused to support their case. Legal arguments the defence intends to raise, including references to relevant legal authorities.

Question 29

Defence statements in MC trial?

Answer 29

No obligation, however the accused may decide to submit one after prosecution has complied or purported to comply with its duty to disclose unused material

Question 30

consequence of not serving defence statement in MC trial

Answer 30

Accused cannot apply for specific disclosure Court cannot order disclosure of unused prosecution material

Question 31

Timeframe for serving defence statement in MC trial

Answer 31

If they choose to do so - must be done within 14 days of prosecution complying or purporting to comply with initial disclosure Court has power to extend this deadline on application by the accused

Question 32

Contents of defence statement in MC trial

Answer 32

Same as defence statement in CC The nature of the defence. Facts disputed and reasons why. Facts relied upon by the defence. Any legal arguments.

Question 33

Alternative to defence statement in MC trial

Answer 33

If defence doesn't serve defence statement they must still identify the real issues in the case

Question 34

Duty to give reasons in summary trial

Answer 34

if the court convicts the accused or makes a hospital order, it must give sufficient reasons to explain its decision. However, justices are not required to provide reasons in the form of a judgment or an elaborate explanation

Question 35

request for mroe detailed reasons in MC trial

Answer 35

f a party requires more detailed reasons, they can request the magistrates to state a case. Can usually be done in a few simple sentences. However Great care must be taken when formulating reasons.

Question 36

Plea before venue - procedure

Answer 36

- charge written and read - court explanations - indication of plea given

Question 36

Plea before venue - when does it apply

Answer 36

Applies when adult is charged with an EW offence

Question 37

Plea before venue - when does it happen

Answer 37

Must be followed before evidence is called for a summary trial or case is sent to Crown Court.

Question 38

Plea before venue - what happens if guilty plea

Answer 38

The accused may be committed for sentence under: SA 2020, s. 14, if the court believes its sentencing powers are inadequate (see D23.30). s. 15, if the court considers that dangerous offender provisions (ss. 306–308) apply (see D23.49).

Question 39

Plea before venue - what happens if not guilty plea

Answer 39

An allocation (mode of trial) hearing takes place under s. 18 (s. 17A(7)).

Question 40

Allocation hearing - what happens

Answer 40

The court allows prosecution and defence to make representations on whether the case is more suitable for MC or CC Prosecution must inform magistrates of any previous convictions recorded against the accused, as these may affect the sentence

Question 41

Allocation hearing - factors for the court

Answer 41

(i) Whether the magistrates’ sentencing powers are adequate. (ii) Representations made by prosecution or defence. (iii) Sentencing Council allocation guidelines under CAJA 2009, s. 120 (see D6.15).

Question 42

Allocation - actions of the court if summary trial more appropriate

Answer 42

The court must explain to the accused: (i) The court believes the case is suitable for summary trial, but the accused may elect trial on indictment. (ii) If convicted in magistrates’ court, the accused may still be committed to Crown Court for sentencing

Question 43

Allocation - request for indication of sentence

Answer 43

accused may request magistrates to indicate whether a guilty plea at that stage would lead to a custodial or non-custodial sentence (s. 20(3)). Magistrates are not obliged to give an indication (s. 20(4)). If an indication is given, the accused may reconsider their plea (s. 20(5)).

Question 44

Presence of accused at PBV/allocation Exception for PBV

Answer 44

Accused must generally be present at plea before venue and when allocation is determined Exception - when PBV can occur in accused’s absence The accused is represented by a legal representative and The court considers that disorderly conduct by the accused makes proceedings impracticable and The court decides that it should proceed in their absence

Question 45

Exception for presence of accused at allocation

Answer 45

Allocation Hearing in the Absence of the Accused Can occur under s. 18(3) or s. 23. Under s.18(3) The court may determine allocation in the accused’s absence if: Disorderly conduct makes their presence impracticable and A legal representative is present, speaking on the accused’s behalf. Under s.23 The court may allocate the case in the absence of an accused if: The accused is represented by a legal representative. The representative confirms the accused consents to trial proceedings occurring in their absence. The court is satisfied that there is good reason for the absence (e.g., sickness, but extends beyond that).

Question 46

JUDICIAL REVIEW AND COURTS ACT 2022

Answer 46

x

Question 47

binding nature of sentence indications exceptions

Answer 47

If the court gives an indication of sentence under s. 20(4) and the accused pleads guilty (s. 20(7)): No court (including the magistrates' court or Crown Court) may impose a custodial sentence unless such a sentence was indicated Exceptions - s.267 for dangerous offenders - if committed to CC for trial on other related offences

Question 48

Magistrates decision on whether to accept jurisdiction

Answer 48

the Sentencing Council’s Allocation guideline states that either-way offences should be tried summarily unless Sentencing powers insufficient OR Complexity Requires Crown Court Trial Retention of jurisdiction and sentencing options If no factual or legal complications exist, magistrates should retain jurisdiction, even if the likely sentence exceeds their powers. If uncertain, magistrates should err on the side of offering summary trial. If the case remains in magistrates’ court, the accused must be warned that: If they consent to summary trial and are convicted or plead guilty, they may still be committed to the Crown Court for sentence.

Question 49

Commital for sentence under s.14

Answer 49

No statutory restriction on committing an either-way offence for sentence after conviction. Magistrates court does not need new information making the offence seem more serious than at the allocation hearing In borderline cases, a pre-sentence report should be considered before committing the case. If the offending is so serious that only the Crown Court should deal with sentencing, the case must be committed, even if: A community order is the most appropriate sentence.

Question 50

Allocation where there are co-accussed

Answer 50

If two or more accused are jointly charged with an offence that can be tried in the Crown Court, the court must: Explain that if one of them is sent to the Crown Court for trial, the other(s) must also be sent for trial if they do not plead guilty. This applies even if the magistrates' court initially found the case against the other accused suitable for summary trial.

Question 51

Prosecution influence on allocation decision General Rule Exceptions

Answer 51

General Rule The prosecution’s role is limited to making representations that trial on indictment would be more appropriate due to the seriousness of the offence. Exceptions Under CDA 1998, s. 51B or s. 51C, the prosecutor can serve a notice requiring the case to be sent to the Crown Court without delay. If it is a - Serious or Complex Fraud Cases: If the fraud is of such gravity or complexity that Crown Court management is necessary. Serious Assaults or Other Specified Offences: If the accused is charged with assault, injury, or threats of injury or other specified offences, and a child witness will be called at trial. To prevent prejudice to the child's welfare, the case must be sent immediately to the Crown Court.

Question 52

Special allocation procedures for criminal damage offences

Answer 52

If accused is charged with a ‘scheduled offence’ Depending on what that value is, the accused may be deprived of the right to elect trial on indictment, notwithstanding that the offence is otherwise triable either way.

Question 53

What is a scheduled offence

Answer 53

Offences of damaging or destroying property contrary to s. 1 of the Criminal Damage Act 1971. Aiding, abetting, counselling, or procuring such offences. Attempting or encouraging such offences.

Question 54

Scheduled offences do not include

Answer 54

Criminal damage by fire Criminal damage with intent to endanger life or recklessness as to endangering life (indictment only) Damage to a memorial Conspiracy to commit criminal damage

Question 55

Rule for allocation in criminal damage cases

Answer 55

f value does not exceed 5k The case is triable only summarily (s. 22(2)). The accused has no right to elect trial on indictment. If value does exceed 5k The court must follow the usual allocation procedure for either-way offences (s. 22(3)).

Question 56

How to calculate value in criminal damage cases

Answer 56

Value = lower of Market replacement costs OR Probably repair cost Consequential loss shall be disregarded Court must consider representations from both parties No obligation to hear formal evidence Court may hear evidence on value if it chooses If the value is difficult to determine, the prosecution can opt not to prove a higher amount.

Question 57

Sentencing powers for criminal damage cases

Answer 57

value does not exceed 5k Maximum penalty: Three months' imprisonment or a £2,500 fine (s. 22(5)). If the value exceeds £5,000, but summary trial was still offered and accepted: Penalties apply as for any either-way offence: Currently six months' imprisonment (see D23.14) and/or a fine. The court may still commit for sentence under s. 14.

Question 58

Two or more criminal damage charges

Answer 58

Under MCA 1980, s. 22(11), if the accused is: Charged on the same occasion with two or more scheduled offences, and The offences form part of a series of similar or related offences, Then the aggregate value of the offences determines jurisdiction.

Question 59

‘‘series of two or more offences of the same or similar character”

Answer 59

Section 22(11) applies where: The offences are based on the same facts (i.e., a single incident) OR The offences are linked in time and location, forming a series.

Question 60

“Charged on same occasion”

Answer 60

Could mean either: Being charged at the police station, or Appearing at magistrates' court to answer charges.

Question 61

Special provision for low value shoplifting

Answer 61

Shoplifting where the value of the stolen goods does not exceed £200 Defined as being triable only summarily However accused must be given option for CC trial If accused If the accused is charged on the same occasion with multiple low-value shoplifting offences, the total value is aggregated. Summary trial (with option to elect given to accused) applies only if the total does not exceed £200.

Question 62

COMMITTAL UNDER THE SENTENCING ACT 2020, S.14

Answer 62

If magistrates court convicts offence of one or more EW offences and determined that seriousness of offence(s) exceeds its sentencing powers Magistrates may Commit offender to CC Offender may be committed in custody or on bail

Question 63

COMMITTAL FOR SENTENCE UNDER SENTENCING ACT 2020, S.18 SENTENCING PWERS OF CC IN THIS CASE

Answer 63

S.18 applies when Accused pleads guilty to EW offence Accused is also sent to trial for one of more related offences The magistrates court can then commit for sentence in respect of the EW offence to which the accused pleaded guilty CC may impose a sentence beyond magistrates powers only if 1. The magistrates' court explicitly states (under s. 18(4)) that its sentencing powers are inadequate, or 2. The accused is convicted by the Crown Court of one or more related offences. Therefore If magistrates believe their sentencing powers are inadequate, they must formally state this in their committal decision

Question 64

COMMITTAL UNDER THE SENTENCING ACT 2020, S.20

Answer 64

Allows magistrates to Commit an offender to CC for sentencing on any additional offence for which they have been convicted, provided that the magistrates court has sentencing jurisdiction over that offence If the magistrates' court has already committed an offender under s. 14 for one either-way offence, they may also commit the offender under s. 20 for: A second, less serious, either-way offence for which the magistrates have convicted the offender on the same occasion. A summary offence for which they have convicted the offender on the same occasion.

Question 65

Court of first appearance

Answer 65

Whether the offence is triable EW of triable on indictment, the accused’s first appearance will be in a magistrates court

Question 66

Related EW and Summary offences

Answer 66

when an adult is sent to the Crown Court under s. 51(1), the court MUST also send any: Either-way offence that appears related to the indictable offence. Summary offence that appears related, provided it is punishable with: Imprisonment or Disqualification from driving.

Question 67

Test for related offence

Answer 67

For EW - founded on same facts or part of a series of similar offences For Summary - arises out of circumstances that are ‘the same as or connected with’ the indictable offence. So slightly narrower test for summary offences

Question 68

If an adult has already been sent to the Crown Court for trial under s. 51(1) and later appears before a magistrates' court on: An either-way offence or A summary offence (punishable with imprisonment or disqualification from driving),AND the offence appears related to the original offence, ....

Answer 68

The magistrates MAY send the new charge to the Crown Court for trial. - As this is a discretionary power A plea before venue and mode of trial hearing will still take place before magistrates decide whether to send the case to the Crown Court.

Question 69

CO-ACCUSED where one elects CC trial

Answer 69

ALL other accused must also be sent to the Crown Court, even if their case would otherwise be suitable for summary trial. If they do send co accused under this rule then it MUST also send them for any EW offences related to main offence OR Summary offences related to the main offence - if punishable by imprisonment or disqualification

Question 70

CO -accussed where one elects CC trial but the other appears later at magistrates court

Answer 70

Then the court MAY send them to CC (not must) If they do send co accused under this rule then it MUST also send them for any EW offences related to main offence OR Summary offences related to the main offence - if punishable by imprisonment or disqualification

Question 71

Co-accussed under age of 18

Answer 71

The court must consider if it is necessary in the interests of justice to send the youth to the Crown Court If the court sends a youth under s. 51(7), it MAY also send them for any: Indictable offences related to the main offence. Summary offences related to the main offence, if punishable by imprisonment or driving disqualification.

Question 72

Summary offences in the CC

Answer 72

If convicted on the indictable offence, the Crown Court must determine whether the summary offence is sufficiently related. The accused must enter a plea to the summary offence: Guilty Plea → The Crown Court deals with sentencing as a magistrates’ court would. Not Guilty Plea → The Crown Court’s power ceases, unless: The prosecution informs the court that they do not wish to submit evidence, leading to a dismissal. The Crown Court may sit as a district judge (magistrates’ courts) under Courts Act 2003, s. 66 to try the summary offence.

Question 73

Counts for summary offences (s.40)

Answer 73

If summary offence to which s.40 applies is included on the indictment for the CC The summary offence is tried as if it were indictable However maximum penalty of magistrates court applies

Question 74

RELEVANT SUMMARY OFFENCES TO WHICH S.40 APPLIES

Answer 74

Common assault + battery Assaulting a prisoner custody officer or a secure training centre custody officer Taking a motor vehicle without the owner’s consent Driving while disqualified Criminal damage where the value involved is the relevant sum (£5,000) or less