9.4 Early trial Procedures Flashcards
Summary only offences
Lessor offences
Tried in magistrates court
Indictable offences are tried
In the crown court
More serious offences
Indictable offences are split into
Indictable only (which means they must be tried in the Crown Court) OR
either-way offences (tried in the Crown Court or Magistrates Court)
Criminal damage will be tried where if under £5000
Magistrates as a summary only
Criminal damage (value £5,000 or more) is a
Either way offence
Tried in the Crown or Magistrates Court
Burglary is normally a
Either way offence but will be indictable if a person was subject to violence or the threat of violence
First hearing takes place in
The Magistrates Court
Welsh language
CPR provides that there must be a right to proceed in Welsh without restriction during a trial
Magistrates court and the requirement for Welsh v Crown
No requirement for notice to arrange a translator etc
Crown court required notice
Representation order
Provides financial assistance for funding defence representation in criminal courts
How does a legal representative apply for a representation order
1) application form
2) financial statement
The test for a magistrates court representation order
Defendant must pass two tests:
1) Marists test / interest of justice
2) means test
What does the interest of justice test essentially mean
Means a representation order will only be granted if the court considers the case to be serious enough to warrant full legal representation
As a general rule with representation orders non-imprisonable offences will not
Pass the first test of the interest of justice
An indictable only offence and the interest of justice test in the representation order
Would always pass the first test
Means test in the Magistrates Court - criteria
- under 18 they will pass, in receipt of welfare benefits
- income under a minimum threshold
Means test in the Magistrates Court is based on
Income only (not capital or savings)
Gross annual income for the previous 12 months
Partners income is also included unless they are a victim / involved in the trial
In the magistrates court a representation order will allow the defendant to be
Fully funded
Not have to pay anything towards the costs
Crown court representation order calculations based on
Income savings and capital
If the defendant has a representation order granted at the magistrates court it will be
Automatically extended to cover Crown Court proceedings
Plea before venue
A defendant charged with an either way offence must give an indication of their plea. This is known as a plea before venue
Allocation stage
Is where the magistrates and defendant determine whether the case will be heard in the Crown Court or magistrates court
Allocation hearing is
Used when a D is charged with an either way offence, determine where the trial will be held
Allocating hearing consists of
The plea before venue stage - guilty plea
The allocation stage - where the trial will be heard
Which court has more options for appeal the crown court or magistrates
Magistrates
Can have a complete rehearing at the Crown Court
Crown court is suitable for
More complex cases that require complex disclosure and evidence to be heard
Disputed evidence that needs to be classified as admissible and inadmissible
Which court is more expensive crown court or magistrates
Crown court
D can be asked to pay costs towards representation order
Accept jurisdiction means
Where a court decides if they are able to deal with a case
Defendant can choose
The Crown Court over magistrates once this is decided the decision cannot be overridden by the Magistrates
Chances of acquittal are better in
The Crown Court
Magistrates court can impose custody sentences for a single offence of
6 months
Magistrates court can impose sentencing times off… for two or more either way offences
12 months
How the Crown Court and Magistrates Court deal with sentencing powers
Magistrates can commit to the Crown Court for sentencing after judgement
The defendant only gets a choice of venue when
The Magistrates accept jurisdiction, if they decline then the D has no say in the matter
If the magistrates declines jurisdiction for one defendant in a jointly charged case
All defendants must go to the crown court
Jointly charged defendants
Serval defendants all facing the same charge
Special trial procedure for criminal damage (without arson)
Either way offence
Under £5000 - deemed to be a summary only offence and the D has to go to magistrates / no right to elect Crown Court trial
Special procedure for low value shop lifting
Goods value under £200 where the D was a customer (or pretending to be)
Summary only
In contrast to criminal damage, can elect to go to the Crown Court
First hearing should be used to secure
A representation order to fund legal representation
Magistrates will often base their decision on whether to send an either way offence to the Crown Court on
Their sentencing powers
Magistrates will often base their decision on whether to send an either way offence to the Crown Court on
Their sentencing powers
Remand decision means
You’ll go to prison until your trial begins
Interest of justice test is usually referred to as
Merit test
The merit / interest of justice test is automatically passed for
All Crown Court cases
Grievous bodily harm is a
Indictable only offence
Gracious bodily harm will be sent to
Crown Court
With two offences
Usually sent to the Crown Court if one is indictable
With two defendants who are jointly charged where do they go
Two defendants that are jointly charged will have to go the Crown Court if the magistrates decides to send one of them there
How should magistrates respond to a question about a custodial sentence
Not required to give an indication
But if they do indicate they will not impose custody, they are bound by that decision if the defendant pleads after this point (of the indication)
