3. First Hearing & Bail Flashcards
Deadline for first hearing if D is on bail
28 days
14 days if R anticipates a guilty plea likely to be sentences by magistrates
Deadline for first hearing if D is detained following charge
Next available court
When is D not showing up to court an offence?
When they are on bail
When can the court proceed in absentia?
If the crown court is not being considered and the prosecution has served D with the statements
When is the latest R may serve the initial details of their case?
Beginning of hearing day
Consequence of failing to serve initial details on time
Adjournment + costs penalty
What should the initial details contain?
Summary of Circumstances
D’s account in interview
Witness statements
Victim impact statements
D’s criminal record
If D was detained immediately before hearing, what need the initial details contain?
Summary of circumstances
D’s criminal record
Which form should parties fill out ahead of a summary trial?
Preparation for Effective Trial (PET) form
What does the first hearing deal with in summary and either way offences?
Plea, Bail, Representation, Legal Aid, perhaps Sentencing
In an indictable only offence, what will the magistrates deal with at first hearing?
Bail and legal aid.
When must the magistrates send a summary offence to the CC?
If D is also charged with an indictable offence that will be heard in the crown court, and the summary offence is one of:
Assault
Assaulting a Prison Officer
Taking a Vehicle without Authority
Driving whilst Disqualified
Criminal Damage
Even if a summary offence is being dealt with in the crown court, when must it be sent back to the magistrates?
If D pleads not guilty to the summary offence
What is the effect of D remaining silent when asked how they plead?
Not guilty plea
When should a magistrate order a pre-sentence report when committing to the crown court?
There is a realistic alternative to custodial sentence, or D may be a dangerous offender
