2.2 First hearings I

Question 1

What typically happens at a first hearing?

Answer 1

Plea and allocation.

D may also be asked if she wishes to obtain legal aid.

Question 2

Generally, the accused must always attend the first hearing, even if only by video link. What are the two exceptions to this rule?

Answer 2

1. Plea before venue - where D is legally represented but has to be removed from court because of her disorderly conduct;
2. Determination of the mode of trial - where D is legally represented and the representative tells the court that D consents to mode of trial proceedings in her absence and there is a good reason for D not to be present.

Question 3

What are the initial details?

Answer 3

Information that the police must provide for the first hearing:

1. a summary of the circumstances of the offence;
2. any account given by D in interview;
3. any written statements and exhibits;
4. victim impact statements;
5. D’s criminal record.

Only (1) and (2) are needed if D comes straight from police custody to court.

Question 4

When must initial details be served?

Answer 4

As soon as practicable, and at any rate not later than the day of the first hearing.

Question 5

What is the purpose of initial details?

Answer 5

To enable the court to come to an informed view on plea and venue for trial.

Question 6

What plea options are available if the court decides to commit D to the Crown Court for trial?

Answer 6

D cannot plead until she reaches the Crown Court. She can give any of the following indications:

1. Guilty;
2. Not guilty;
3. No indication.

Question 7

What happens where D gives an equivocal plea?

Answer 7

The plea is treated as a not guilty plea.

Question 8

What happens where D pleads guilty to a summary offence?

Answer 8

1. Immediate sentence; or

2. Adjourn for PSR.

Question 9

What happens where D pleads not guilty to a summary offence?

Answer 9

The court will set a trial date and do any necessary case management. It is likely that the court will issue standard directions.

The court will set a timetable and an estimate of how long the trial will take. (Rarely more than one day.)

Question 10

Which statutory provision deals with asking D for an indication of plea in an either-way trial?

Answer 10

Section 17A MCA

Question 11

What is the allocation procedure in either-way cases?

Answer 11

Section 17A MCA
(3)
Write down the charge and read it to D;
(4)
Warn D that she could be committed for sentence and ask her for plea;
(6)
If D indicates that she will plead guilty, treat her as if convicted at summary trial.
Section 19 MCA
(1)
The court shall decide whether the offence appears to it more suitable for summary trial or for trial on indictment.

Question 12

What must the court do before deciding that a trial is suitable for trial on indictment?

Answer 12

Section 19(2) MCA
Before making a decision under this section, the court—
(a)
shall give the prosecution an opportunity to inform the court of the accused’s previous convictions (if any); and
(b)
shall give the prosecution and the accused an opportunity to make representations as to whether summary trial or trial on indictment would be more suitable.

Question 13

What will the court have regard to in deciding whether to commit D for trial in the Crown Court?

Answer 13

Section 19(3) MCA
In making a decision under this section, the court shall consider—
(a)
whether the sentence which a magistrates’ court would have power to impose for the offence would be adequate; and
(b)
any representations made by the prosecution or the accused under subsection (2)(b) above,
and shall have regard to any allocation guidelines …