2.2 Criminal Litigation - First Hearing (Magistrates' Court) Flashcards

1
Q

How are summary offences/either way offences tried (guilty plea anticipated)?

A

Early first hearing
- CPS prepares expedited file => Disclosed to D > D’s solicitor can advise on plea

D pleads guilty => MC to decide;

  • Sentence
  • CC > Sentence

D pleads NOT guilty => MC to decide;

  • Summary trial
  • CC
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2
Q

How are indictable-only/other offences tried (guilty plea not certain)?

A

CPS should serve sufficient disclosure of evidence on D > Ensure firm plea taken/indicated > CC

D pleads guilty => Immediate sentencing

D pleads NOT guilty => Either;

  • Immediate mode allocation hearing > EW offence
  • Fix trial date > Summary only offence
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3
Q

What is a Representation Order?

A

Lawyer to represent D in CC/MC

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4
Q

What is required for Representation Order?

A

1) Interest of justice test (Form CRM14)
- D likely to lose freedom/livelihood/serious reputational damage
- Case involves substantial q of law
- D under mental/physical disability/inadequate language of English
- Defence to involve tracing/interviewing Ws/expert cross-exam of CPS Ws
- Legal rep desirable in others’ interests

If interest of justice test NOT fulfilled, BUT EW case > CC => Must meet ‘Means test’ (Form CRM15)

  • Applicant > 18 (NO specific benefits)
  • MC > Income assessment with upper limit
  • CC > Test is contributory, assess vs Applicant’s income/capital/equity

If Means test NOT met/Applicant thinks likely to fail test, BUT exceptional circumstances => Hardship review may be submitted => NO appeal
- BUT can reassess where Applicant’s circumstances changed/recalculate due to error

2) Lawyer can reclaim payment from D
- Application completion expenses
- Recoverable fixed fee where Order refused under certain circumstances

3) RO in MC
- Covers proceedings sent for CC sentencing
- If Applicant did NOT secure cover in MC => Can apply for coverage > Committal for sentence

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5
Q

What is the procedural overview for the first hearing?

A

1) Trial preparation form completion
- D to give reasons > NOT guilty plea
- Issues + points of law
- No. Ws
- Agreed statements
- Special measures
- Hearsay/Bad character applications envisaged

2) CPS > Court (evidence)
3) (Hearing > Live link from police stn > D’s express consent) (if possible)

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6
Q

What is the solicitor’s role in the first hearing?

A

1) Initial interview + open file
- Confirm instructions in writing
- Contact potential Ws > Enquiry agent (if NOT guilty plea anticipated)

2) Apply for representation order
3) Request advance info from CPS
4) Consider bail application issues

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