2. Bail Applications at Court, First Hearings Before the Magistrates, Plea Before Venue, and Case Management and Pre-Trial Hearings

Question 1

what is adjournment of a case?

Answer 1

case being given a different/another date

Question 2

what is remand of a defendant, and what are the three types?

Answer 2

when a defendant is sent away and told to come back another day.

1. remand on unconditional bail (in the community)
2. remand on conditional bail (in the community)
3. remand into custody (kept in prison until trial date)

Question 3

who applies for bail?

Answer 3

once a prosecution objection to bail has been raised, the defence must apply for bail.

Question 4

when is a bail decision first made?

Answer 4

first hearing in the magistrates’ court (except in murder cases, where only a Crown Court Judge can grant bail)

Question 5

what happens if D’s first application is unsuccessful?

Answer 5

• 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
• in principle, the same submissions can be made
• sometimes the same application is denied first, but allowed the second time in front of a different bench of magistrates (or a District Judge)

Question 6

what can D do after two unsuccessful bail applications?

Answer 6

• msut obtain a ‘certificate of full argument’ from the magistrates
• if D wishes to, D can then appeal to the Crown Court
• appeals are heard 1 BD after an appeal notice is served

Question 7

bail is a _____________ issue

Answer 7

ongoing

Question 8

As defendants have a general right to bail (s4 Bail Act), what two things are required to remand a defendant in custody at a court hearing?

Answer 8

1. Exception to the right to bail must apply, and
2. Real prospect of custodial sentence being imposed

Question 9

What are six of the exceptions to the s4 right to bail ie the grounds of objection to bail?

Answer 9

1. Substantial grounds for believing D will FTS, COB, IWW, OCJ
2. D charged with offence triable in Crown Court and was on bail at the time of commission
3. Custody for their own protection
4. Already serving a sentence
5. Insufficient information to make a decision on bail
6. D has failed to surrender in the same proceedings previously

Question 10

test for whether the grounds should result in an exception to bail being granted

Answer 10

**‘substantial grounds for believing’*

Question 11

What is failure to surrender (FTS)?

Answer 11

it is a criminal offence to fail, without reasonable cause, to surrender to custody (turn up to court)

Question 12

what are the Para 9 factors used to support the grounds for objection?

Answer 12

• the nature and seriousness (likely disposal)
• the character of the defendant
• the strength of the evidence
• D’s antecedents
• community ties
• associations
• the defendant’s bail record in the past

Question 13

why are the grounds of objection important?

Answer 13

the ultimate denial of bail MUST be on the basis of a legitimate ground of objection

Question 14

example of how factors support the grounds

Answer 14

Question 15

what are some common bail conditions?

Answer 15

1. residence at a given address
2. curfew
3. reporting to a local police station at given times
4. surety (promise to pay)
5. security (putting up money or valuable items to be forfeited)
6. restrictions on movement
7. restrictions on contact (witnesses, victims) to prevent OCJ or COB
8. electronic monitoring
9. bail hostels
10. surrender of passport

Question 16

what are the two things that bail conditions must be?

Answer 16

necessary and proportionate

Question 17

What happens if you breach a bail condition?

Answer 17

• it is NOT a criminal offence
• but you can be arrested
• and bail will be re-assessed

Question 18

Only whom can hear a bail application for a murder charge?

Answer 18

Crown Court Judge

Question 19

What must be shown in order for a defendant charged with murder to secure bail?

Answer 19

No significant risk that they defendant would commit an offence likely to cause physical or mental injury to another person

Question 20

How often must a court consider bail?

Answer 20

At each hearing

Question 21

However, only how many times many a defendant make a further application on the same facts and submissions?

Answer 21

One additional time

Question 22

Thereafter, what is required for a defendant to make an additional bail application?

Answer 22

Change of circumstance, relating to the case generally or defendant

Question 23

What is allowed to happen if a defendant breaches their bail conditions?

Answer 23

They can be arrested without a warrant

Question 24

where do all first hearings take place?

Answer 24

magistrates’ court

Question 25

what is the initial details of the prosecution case (**IDPC**)?

Answer 25

must comply with **Criminal Procedure Rules, Part 8**. at a minimum: - summary of the prosecution case - summary of the interview - D's previous convictions if D has been charged on bail (more time until the court hearing), we would expect to see: - witness statements - forensic report - photographs

Question 26

when must the **prosecution** serve the IDPC on the court officer?

Answer 26

- as soon as practicable; and - in any event, **no later than the beginning of the day of the first hearing**

Question 27

if the defendant requests the IDPC, when must the **prosecution** serve the IDPC on the defendant?

Answer 27

- as soon as practicable; and - in any event, **no later than the beginning of the day of the first hearing**

Question 28

can the prosecution's failure to serve the IDPC lead to a **dismissal of charge** or **give rise to an abuse of process** application?

Answer 28

ordinarily no

Question 29

what will the court do if the prosecution fails to serve the IDPC?

Answer 29

usually **adjourn a first hearing** and/or **award costs to the defence**

Question 30

when will a Preparation for Effective Trial (**PET**) form be required?

Answer 30

when the client is pleading **not guilty** and there will be a trial PET is just a case management form

Question 31

what is the exception to the rule that *summary only offences never go to the Crown Court*?

Answer 31

1. D is charged with an offence that is to be tried in the Crown Court; and 2. There is a summary only offence *connected to the indictable offence*, as follows: must be *sent for trial* and *included on an indictment*: - common assault - assaulting a prison or secure training centre officer - taking a motor vehicle or other conveyance without authority - driving a motor vehicle while disqualified - criminal damage must be sent for *plea only*: - Any summary matter punishable by disqualification from driving or imprisonment

Question 32

What happens at the first court hearing in the Magistrates where the offence is (1) summary only, (2) either way, or (3) indictable only?

Answer 32

1. Summary: D pleads guilty or not guilty 2. Either way: Court proceeds to PBV process 3. Indictable: Matter is sent immediately to the Crown Court for trial

Question 33

For summary only offence, what happens if the defendant's plea is (1) guilty and (2) not guilty?

Answer 33

**Guilty**: Court proceeds immediately to sentencing **Not guilty**: Court will set a trial date for six to eight weeks later

Question 34

Whose decision alone is the plea, and who must never instruct this?

Answer 34

The defendant's alone, and the solicitor should never tell D how to plead

Question 35

What is the two part test for a representation order, i.e. to receive legal aid?

Answer 35

1. Means test 2. Interests of justice test

Question 36

Net income (after deductions and adjustments) over what amount will not satisfy the means test for criminal legal aid?

Answer 36

£3,398

Question 37

What is PBV?

Answer 37

Procedure where defendant appears at the Magistrates Court charged with an either way offence

Question 38

What are the three advantages of electing for the Magistrates Court?

Answer 38

1. Limited sentencing powers 2. Relative speed and low cost 3. Less stringent disclosure requirements

Question 39

What are the three advantages of electing for the Crown Court?

Answer 39

1. Higher rates of acquittal 2. More effective process for challenging admissibility of evidence 3. Longer delay before trial, making gathering evidence more practical

Question 40

what is **allocation**?

Answer 40

when D **indicates a not guilty plea**, so the magistrates court will need to decide whether to: - **allocate** the case to a magistrates’ court (**accept jurisdiction**); or - **send** it to the Crown Court (decline jurisdiction).

Question 41

when is **allocation** triggered?

Answer 41

- either-way offence - D pleads **not guilty**

Question 42

what questions are asked at **allocation**?

Answer 42

**send/allocate to CC**: 1. if the outcome would clearly be a sentence **in excess of MC powers** (*look at allocation guidelines and sentencing guidelines*) 2. if there are**unusual legal, procedural of factually complex** issues

Question 43

what should the magistrates do if they have a **borderline** case at **allocation**?

Answer 43

- trial in magistrates - commit for sentence if needed

Question 44

if the magistrates' **retain/accept** jurisdiction at **allocation**, what can D do if they would prefer a Crown Court trial?

Answer 44

D could **elect a Crown Court trial**

Question 45

If the defendant at a PBV pleads not guilty or gives no indication, what must the Magistrates decide, and what two factors will they consider in doing so?

Answer 45

Whether the offence can be dealt with in the Magistrates Court, or if the Crown Court is more appropriate, considering: 1. D's previous convictions 2. Whether the court's sentencing powers are adequate to deal with the conduct alleged

Question 46

When deciding their plea, the defendant can request an indication as to what, and what is this known as?

Answer 46

A **Goodyear indication**: Whether the sentence would be custodial or non-custodial if they were to plead guilty *(but the court is under no obligation to provide this indication)*.

Question 47

If an indication is given, and the defendant **changes their plea**, is the court bound to follow what their indication?

Answer 47

Yes

Question 48

If an indication is given, and the defendant maintains their not guilty plea, is the court bound to follow what they said?

Answer 48

No

Question 49

What two standard case management directions are given in Magistrates Court?

Answer 49

1. Prosecution must serve its evidence within 28 days 2. Defence must serve a defence statement (if they are serving one) within 14 days, and notify which prosecution witness are to attending within 7 days

Question 50

One of what five things will trigger the requirement for a preliminary hearing to be held within 14 days of an indictable only matter being sent to the Crown Court?

Answer 50

1. Trial likely to last more than 4 weeks 2. Case management problems to address 3. Early trial date is needed 4. Defendant is a minor 5. Likely to be an early guilty plea

Question 51

Within what time of the case being sent from Magistrates does PTPH hearing take place in the Crown Court?

Answer 51

28 days

Question 52

In the Crown Court, within what time limit must prosecution complete disclosure, and what is this extended to if defendant is on bail?

Answer 52

50 days. 70 days if D on bail.

Question 53

What is the prosecution also under an ongoing duty to disclose?

Answer 53

Any **unused** material which might reasonably be considered capable of undermining the case for the prosecution or assisting the defence

Question 54

After the prosecution has made disclosure, how long does the defence have to serve a defence case statement on the prosecution and the court?

Answer 54

28 days