2.2 Criminal Litigation - First Hearing (Magistrates' Court) Flashcards
How are summary offences/either way offences tried (guilty plea anticipated)?
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
How are indictable-only/other offences tried (guilty plea not certain)?
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
What is a Representation Order?
Lawyer to represent D in CC/MC
What is required for Representation Order?
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
What is the procedural overview for the first hearing?
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)
What is the solicitor’s role in the first hearing?
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