7. Preliminaries to trial in the Crown Court Flashcards
(48 cards)
What happens where an accused is found unfit to plead and the jury find he did the matters in question?
The judge may make one of the following orders:
(a) A hospital order, potentially with a restriction order without limit of time
(b) A supervision order (only where evidence shows necessary arrangements for that supervision are in place and available); or
(c) An absolute discharge.
These are the only orders available.
What happens where the accused is found fit to plead?
If found fit to plead before calling of any pros evidence, the accused will be arraigned in the usual way and plead to the indictment.
When can the issue of fitness to plead be determined?
Generally, as soon as it arises.
However, it can be heard at any point before the opening of the defence case, if it is expedient to do so an in the interests of the accused.
What happens if a jury acquits before the issue of fitness to plead is determined?
The issue of fitness to plead is not determined.
Who shall decide whether the accused is fit to plead?
The court, without a jury.
What does the court need to make a determination of fitness to plead?
Not without the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly approved.
What is the procedure for arraignment?
The clerk reads the indictment to the accused and asks whether he pleads guilty or not guilty.
If there are multiple counts, they ask immediately after reading each count out.
If two counts are in the alternative, the other count is not read out.
If there is a joint indictment, they will be arraigned together with separate pleas given.
What should the court do before arraigning the defendant?
Check with the prosecution that the indictment represents the charges on which it wishes to proceed.
Can the accused be arraigned via live link?
Yes, including, in appropriate circumstances, where the accused is not in custody.
Do jurors sit in on arraignment?
No, to ensure they do not hear any counts on which the accused will plead guilty. They will not be told of the counts he or a co-accused has plead to.
What pleas may be made on arraignment?
Either guilty or not guilty.
The accused can sometimes plead guilty to a lesser offence.
The only alternative circumstances would be autrefois acquit/convict, unfitness, or a plea to the jurisdiction.
How does an accused enter a plea of not guilty?
Either by saying those words, OR one will be entered on his behalf where he:
gives an equivocal plea or
does not give a direct answer/stays silent.
A personal plea is not needed.
What is the effect of a not guilty plea?
It puts the prosecution to proof on their entire case for both actus reus and mens rea.
The defence statement should have indicated in advance which areas of the pros case are disputed but defence counsel is still entitled to take advantage of any deficiency in the case, such as a witness not coming up to proof, whether or not that would have been contested if it have.
The only release for the pros to have to prove everything is a formal admission under s10, a fact is presumed, or judicially noticed.
How is a guilty plea entered?
ONLY through the defendant personally.
What would happen if a defendant is found guilty through their representative saying ‘guilty’?
A retrial would be ordered/the conviction quashed
What is the effect of a guilty plea?
The prosecution are released from their obligation to prove the case.
The accused stands convicted simply by virtue of the word that has come from their mouth.
The only evidence the prosecution would have to call is the accused’s antecedents and criminal record.
Except where newton hearings would occur. (i.e. he pleads guilty on a basis not acceptable to the prosecution/court and which would have a significant effect on sentence), at which point the prosecution must call evidence in support of their own version at a Newton hearing. This would be evidence of how the crime was committed, not whether it was committed.
What happens after a plea of guilty?
The court could either forthwith proceed to sentence or take the plea and then adjourn (at the discretion of the court).
Common reasons for the court to adjourn include obtaining reports of awaiting outcomes of other proceedings outstanding so as to enable the accused to be sentenced on one occasion.
The court can grant bail or remand, but is still entitled to the presumption.
What happens where an accused gives mixed pleas and the prosecution are not prepared to accept those pleas?
Sentencing should be postponed until the accused has been tried on the other counts.
Can the accused plea to a lesser offence?
Yes
What happens if an accused pleads to a lesser offence?
If this is accepted, the accused is treated as having been acquitted of the offence actually charged and instead the court sentences on the other one.
How is a plea to a lesser offence accepted/rejected?
Prosecution are bound by the judge if they expressly ask the judge to approve it in advance if they negotiate an agreement to offer no evidence on the other counts. However, realistically the pros. Are in the driving seat as they can offer no evidence.
Can an accused change his plea from not guilty to guilty?
Yes, at any stage prior to the returning of a verdict.
The procedure is the same as normal indictment except where the defendant is in the charge of the jury, at which point they are directed to find him guilty.
Can an accused change his plea from guilty to not guilty?
The judge has a discretion.
(a) the court has a discretion to allow a defendant to change a plea of guilty to one of not guilty at any time before sentence;
(b) the discretion exists even where the plea of not guilty is unequivocal; and
(c) the discretion must be exercised judicially
The discretion will likely not be interfered with, except where it is quite simply never exercised.
What power does the crown court have to vacate a plea made in the magistrates court?
Very little. Only where it was equivocal and would not be accepted.
