4. Procedure in MC, allocation for trial and sending to the CC for trial and sentence Flashcards
when should initial details of prosecution case
(IDPC) be disclosed?
as soon as practicable and no later than the beginning of the day of the first hearing
when do IDPC have to be supplied to the accused?
do not have to be supplied unless accused requests them. If accused requests them must serve as soon as practicable and in any event no later than the beginning of the day of the first hearing.
if accused was in police custody before first MC hearing what does IDPC consist of?
- summary of circs of offence
- accused’s criminal record
1.
if the accused was not in custody immediately before first MC hearing what should IDPC consist of?
- summary of circs of offence
- any account given by accused in interview
- any written WS that are available
- Accused criminal record
- available statement of effect of offence on victims/family
what happens if the pros fail to comply with IDPC requirements?
- no specific sanction
- mags can adjourn hearing
- can impose costs sanction
- will not be allowed to introduce evidence not served on accused unless court first allows D sufficient time to consider it
- court cannot dismiss charges because of non-compliance with IDPC
1.
in what proceedings can court allow attendance via live link?
- preliminary hearings
- hearings before mags/crown after D has entered a plea
- sentencing hearings
when will court allow live link?
only when it is satisfied it is in the interests of justice for person to take part via live link AND parties have been given opportunity to make representations
when deciding whether to allow live link what must the court consider?
- need for person to attend
- views of that person
- suitability of facilities
- whether they’d be able to take part effectovely
- importance of evidence (witness)
- arrangements for public to see / hear
- whether it would inhibit any part from testing witness’s evidence effectively
courts should exercise their statutory and other powers to conduct hearings by live link when?
where it is lawful and in the interests of justice to do so and they MUST comply with guidance
example of when live link less likely to be in ints of justice?
where Pre and post court conferences are desirable and may not be able to take place effectively by live link
what should the court consider when deciding whether to sentence over live link?
- potential penalty
- whether explanations can be given satisfactorily
- preferences of anyone who has a VPS to be read
when can a single justice preside over a hearing?
where accused has been charged with offence at police station
when can court proceed to sentence via live link?
where they plead guilty over live link court can proceed to sentence as long as it is in ints of justice for this to happen.
if D wants legal aid….
if they do - arrangements for app must be made and (where appropriate) legal aid obtained.
hearing should be adjourned if necessary.
can a justice’s clerk conduct hearings?
early administrative hearing can but they cannot remand in custody or (unless they have consent of prosecutor and accused) remand on bail with additional charges.
1.
when must a magistrates court conduct a preparation for trial hearing?
always. Unless accused is sent to CC for trial or enters guilty plea)
when can MC conduct further pre-trial hearings (PTH)?
- Anticipates guilty plea
- Necessary to give directions for an effective trial
- Hearing required to set ground rules for questioning witness or D
if the accused is present at PTH what must court do?
- accused understands G plea credit
- take plea from accused (if can’t get indication)
- if they plead NG satisfy itself that accused understands at trial:
- they have right to give ev
- the trial can take place in absence if they do not attend
- FTA trial is an offence punishable by imprisonment
what is a pre-trial hearing?
hearing before court hears prosecution evidence at trial
when will court make a pre-trial ruling?
only if parties have had opp to be heard and it is in interests of justice to make the ruling
pre - trial rulings are made on application of { }…
on application from pros / def OR on courts own motion
how long is a pre-trial ruling binding for?
until the case against the accused is disposed of
when is a case classed as disposed of?
The case is disposed of if the accused is acquitted or convicted, or the prosecutor decides not to proceed with the case, or the case is dismissed
when can the court vary/discharge a pre-trial ruling?
if it is in ints of justice to do so and parties have had opp to be heard
1.
when can a party apply for the discharge/vary of a pre-trial ruling?
if there has been a material change of circs since the ruling was made or if there has been a previous application since original was made
can different bench reach diff conc on same evidence
no, case law seems to show that discharge/vary of order by court must arise as a result of fresh material or a change of circumstances, or circumstances brought to the attention of court that were not raised in the first instance.
what must the parties identify if accused pleads NG?
disputed issues and tell the court what they are.
1.
live evidence should be confined to….
issues in dispute. therefore, only witnesses who are needed in relation to genuinely disputed, relevant issues should be required to attend
court should ask why witness is needed and time for X and EIC
when accused pleads NG court directions must…
include timetable for case progression - and parties required to warn court promptly if any problems are anticipated.
1.
what is an ambiguous plea?
If an accused purports to enter a plea of guilty but, either at the time of pleading or subsequently in mitigation, qualifies it with words that suggest the accused may have a defence
what must court do when plea is ambiguous?
court must not proceed to sentence.
court should explain relevant law and ascertain whether accused genuinely intends to plead guilty.
1.
if an ambiguous plea cannot be clarified what should happen?
the court should order a not guilty plea to be entered on the accused’s behalf
what if court sentences on ambiguous plea?
good ground of appeal for accused.
Since the defect in the plea will have rendered the original proceedings a mistrial, the Court of Appeal will have the options either of setting the conviction and sentence aside and ordering a retrial or quashing conviction