1st hearings before the magistrates' court, plea before venue, allocation and bail

Question 1

General rule

Answer 1

All defendants no matter the charge who are 18+ will make their first court appearance before the magistrates’ court.

Question 2

Classification of offences - Triable only on indictment

Answer 2

Most serious offences. Only dealt with in the CROWN COURT. Despite their first hearing being in the magistrates the court will send it immediately to the crown court. E.g:
- Murder
- Manslaughter
- Causing GBH/wounding with intent
- Rape
- Robbery
- Aggravated burglary
- Blackmail
- Kidnap
- Conspiracy

Question 3

Classification of offences - Either-way offences

Answer 3

Could be tried in either the magistrates or the crown court. They will make their first appearance before the magistrates and if the defendant indicates a not guilty plea the magistrates will then decide whether to keep the case before them or send the case to the crown court for trial if it is too serious for them to deal with. If the magistrates do decide to keep the case before them the defendant then has the right to elect trial by judge and jury in the crown court or consent to summary trial. E.g
- Theft
- Fraud
- Burglary
- Handling stolen goods
- Equipped to steal
- Inflicting GBH/wounding
- Assault occasioning actual bodily harm
- Sexual assault
- Threats to kill
- Criminal damage

Question 4

Classification of offences - Summary offence

Answer 4

Least serious. Only deal with in the magistrates’ court. E.g
- Assault
- S. 4&5 POA
- Road traffic offence

Question 5

Procedural overview - What will happen at the first hearing? - Summary offences

Answer 5

Usually required to enter a plea. If they plead guilty CPS will tell magistrates facts of the case. They will then either sentence the defendant straight away or adjourn if they want to obtain any reports before sentencing. Also need to adjourn if the defendant pleads guilty but disputes the specific factual allegations. If the defendant pleads not guilty the court will fix a date for the defendant’s trial to take place and will issue case management directions. If adjourned need to decide bail

Question 6

Procedural overview - What will happen at the first hearing? - Either-way offences

Answer 6

If the defendant pleads guilty they need to decide if they should sentence the defendant or if the crown court should. Case may then be adjourned. If the defendant enters a not guilty plea the magistrates must determine which court it should be heard in. The defendant will then be asked if they accept jurisdiction. May need to decide bail

Question 7

Procedural overview - What will happen at the first hearing? - Offences triable only on indictment

Answer 7

Sent straight to the crown court for either trial or sentence following a preliminary hearing in the magistrates’ court. Need to decide bail

Question 8

Defence disclosure

Answer 8

Must serve a defence statement. The accused must give the prosecutor and the court advance details of any witnesses they intend to call at trial.

Question 9

Unused material

Answer 9

If any undermine prosecution case or support defence it will be disclosed

Question 10

Advise the client on their plea - Benefits of pleading guilty

Answer 10

They will receive a reduction in their sentence from the court for entering an early guilty plea - 1/4 off

Question 11

Procedure on defendant indicating plea - Either way offences - Magistrates’ court

Answer 11

1) Charge will be read out to the defendant
2) Defendant will indicate how they would plead if the matter proceeded to trial.
3) Indicate their plea

Question 12

Plea before venue

Answer 12

Even if the magistrates accept jurisdiction to try the case a defendant facing an either-way offence still has the right to elect trial bu jury.

Question 13

Plea before venue - Positives of picking the Crown Court

Answer 13

1) A trial by your equals
2) Conviction rate is lower
3) Different functions of judge and jury

Question 14

Plea before venue - Negatives of picking the Crown Court

Answer 14

1) Cost
2) Delay
3) Appeals - harder
4) Sentencing

Question 15

Bail - Basic rule

Answer 15

A defendant may not be remanded in custody for more than 8 clear days at a time

Question 16

Bail - Exceptions

Answer 16

The court may remand a defendant in custody for up to 28 days if:
- It has previously remanded them in custody for the same offence
- They are before the court
- It can set a date to remand them to on which it expects the next stage of the proceedings to take place

Question 17

Bail - Max. amount of time someone can be in custody

Answer 17

The overall max. period of remand in custody in the magistrates court is 70 days before trial for an either-way offence and 56 days before trial for a summary-only offence

Question 18

The right to bail - Presumption of bail

Answer 18

There is a presumption that bail will be granted to the following types of defendants:
- All defendants prior to conviction
- Defendants who have been convicted if their case has been adjourned for the court to obtain reports before sentencing
- Defendants who are appearing before the court for breach of a community sentence

Question 19

The right to bail - Who the presumption doesn’t apply to?

Answer 19

The presumption in favour of bail does not apply to defendants:
- Who have been committed to the crown court for sentence
- Who are appealing against conviction or sentence

Question 20

The right to bail - Defendants charged with the most serious types of offence

Answer 20

If the defendant is charged with one of a number of specified offences or has previously been convicted of any of these specified a court may grant bail to that defendant only if exceptional circumstances exist. The specified offences are:
- Murder
- Attempted murder
- Manslaughter
- Rape
- Attempted rape

Question 21

The right to bail - Why would the court not grant bail?

Answer 21

The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant if released on bail would:
- Fail to surrender to custody
- Commit an offence while on bail
- Interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person

Question 22

The right to bail - Factors to see if the grounds are satisfied

Answer 22

In deciding whether any of these grounds is satisfied the court must take into account the following factors:
- The nature and seriousness of the offence
- The character, antecedents, associations and community ties of the defendant - refers to the defendant’s previous convictions
- The defendant’s record in respect of previous grants of bail in criminal proceedings

Question 23

Conditional bail - Definition

Answer 23

A court has the power to grant bail to a defendant subject to the defendant complying with one or more conditions that the court attached to that bail.

Question 24

Conditional bail - Surety

Answer 24

A surety is a person who enters into a recognisance of money and is under an obligation to use every reasonable effort to ensure that the defendant attends court. If they do not attend court the court must declare the immediate and automatic forfeiture of the recognisance.

Question 25

Conditional bail - Security

Answer 25

Defendant required to deposit a sum of money or goods with the court. If the defendant fails to attend court to answer their bail they will forfeit the security they have given

Question 26

Conditional bail - Reporting to a police station

Answer 26

The court orders the defendant to report to their local police station on a regular basis

Question 27

Conditional bail - Residence

Answer 27

The court requires the defendant to reside at a specified address.

Question 28

Conditional bail - Curfew

Answer 28

The court requires a defendant to remain at their place of residence between certain specified hours. The police may visit the residence during these hours to check that the defendant is there.

Question 29

Conditional bail - Non-communication with prosecution witnesses

Answer 29

This condition not only covers direct face-to-face contact with the witnesses but also indirect contact such as through a third party or contacting the witnesses by telephone or in writing or through social media

Question 30

Conditional bail - Restriction on entering specified areas

Answer 30

This prevents the defendant from entering a geographical area or town

Question 31

Procedure for applying for bail

Answer 31

If the CPS objects to bail:
- They must provide the defendant’s solicitor and the court with all the info. in its possession
- CPS representative will state its objection to bail and apply to magistrates for the defendant to be remanded in custody
- The defendant’s solicitor will then make an application for bail on their client’s behalf.
- Magistrates will then decide whether to remand

Question 32

Further applications for bail

Answer 32

At the first hearing after the hearing at which the court refused to grant bail the defendant’s solicitor is permitted to make a full application for bail using any argument as to fact or law but after this they can’t unless there’s a new legal or factual argument - basically you can make 2 full applications for bail in magistrates

Question 33

Appeals against decisions on bail

Answer 33

A defendant who is refused bail by the magistrates’ court may appeal against this decision to the Crown court provided the magistrates have issued the certificate of full argument. To appeal the defendant’s solicitor must complete a notice of application which needs to be sent to the crown court and magistrates court and served on the CPS at least 24 hours before the hearing.

Question 34

Robbery

Answer 34

Can only be tried on indictment so can only be tried in the crown court

Question 35

Order for disclosure

Answer 35

Once the defence have served a defence statement and the prosecution have complied or purported to comply with the duty of disclosure or failed to comply the defence can apply to the court for an order for disclosure. The defence can only make this application if they have reasonable cause to believe that there is prosecution material which has not been properly disclosed or has not been disclosed

Question 36

If the evidence isn’t good enough

Answer 36

The judge will stop the trial at the end of the prosecution case and direct the jury to acquit the defendant

Question 37

When will criminal damage qualify as a summary only offence

Answer 37

If the value of the damage is £5000 or less

Question 38

What happens if you breach a bail condition

Answer 38

Likely to be arrested and will be detained in police custody and then must be brought before the magistrates court within 24 hours do not commit an offence by breaching this condition

Question 39

If offences are linked

Answer 39

If an offence is linked to another offence they will be tried in the same court

Question 40

If a defendant makes no indication as to plea

Answer 40

The court will treat it as a not guilty plea