2. Bail Applications at Court, First Hearings Before the Magistrates, Plea Before Venue, and Case Management and Pre-Trial Hearings Flashcards
As defendants have a general right to bail, what two things are required to remand a defendant in custody at a court hearing?
- Exception to the right to bail must apply, and
- Real prospect of custodial sentence being imposed
What are six of the exceptions to the right to bail?
- Substantial grounds for believing D will fail to surrender, commit further offences, or interfere with witnesses
- D charged with offence triable in Crown Court and was on bail at the time of commission
- Custody for their own protection
- Already serving a sentence
- Insufficient information to make a decision on bail
- D has failed to surrender in the same proceedings previously
Only whom can hear a bail application for a murder charge?
Crown Court Judge
What must be shown in order for a defendant charged with murder to secure bail?
No significant risk that they defendant would commit an offence likely to cause physical or mental injury to another person
How often must a court consider bail?
At each hearing
However, only how many times many a defendant make a further application on the same facts and submissions?
One additional time
Thereafter, what is required for a defendant to make an additional bail application?
Change of circumstance, relating to the case generally or defendant
What is allowed to happen if a defendant breaches their bail conditions?
They can be arrested without a warrant
What happens at the first court hearing in the Magistrates where the offence is (1) summary only, (2) either way, or (3) indictable only?
- Summary: D pleads guilty or not guilty
- Either way: Court proceeds to plea before venue process
- Indictable: Matter is sent immediately to the Crown Court for trial
For summary only offence, what happens if the defendant’s plea is (1) guilty and (2) not guilty?
Guilty: Court proceeds immediately to sentencing
Not guilty: Court will set a trial date for six to eight weeks later
Whose decision alone is the plea, and who must never instruct this?
The defendant’s alone, and the solicitor should never tell D how to plead
What is the two part test for a representation order, i.e. to receive legal aid?
- Means test
- Interests of justice test
Net income (after deductions and adjustments) over what amount will not satisfy the means test for criminal legal aid?
£3,398
What is plea before venue?
Procedure where defendant appears at the Magistrates Court charged with an either way offence
What are the three advantages of electing for the Magistrates Court?
- Limited sentencing powers
- Relative speed and low cost
- Less stringent disclosure requirements