All Timelines Flashcards
1
Q
- Preliminaries to prosecution Time limits
A
2
Q
In the case of summary offences
A
proceedings must be commenced within 6 months of the commission of the offence (unless the statute creating the offence provides otherwise). In the case of either-way offences
3
Q
A
4
Q
Detention of suspects without charge
A
5
Q
If summary offence
A
the maximum period of detention without charge is 24 hours from arrival at the police station. At that point
6
Q
A
7
Q
If the offence is an indictable one (whether indictable-only or triable either-way)
A
then detention beyond 24 hours
8
Q
A
9
Q
- Bail
A
10
Q
Length of remand in custody
A
11
Q
A remand in custody cannot exceed 8 clear days. However
A
the defendant can consent to being remanded in their absence if legally represented
12
Q
A
13
Q
Prosecution appeal against the grant of bail
A
14
Q
The appeal (the form of a re-hearing) will be heard within 48 hours (excluding weekends and public holidays). In effect
A
this means within two days rather than literally 48 hours.
15
Q
A
16
Q
After the defendant has been arrested for breach of bail
A
they must be brought before a magistrate within 24 hours (excluding Sundays).
17
Q
A
18
Q
Custody Time Limits apply after charge: limit the length of time a defendant can be remanded in custody before trial.
A
19
Q
A
20
Q
If the relevant Custody Time Limit expires
A
the defendant must be released on bail. However
21
Q
● there is ‘good and sufficient’ reason for an extension; and
A
22
Q
● they have conducted the case with ‘due diligence and expedition’.
A
23
Q
A
24
Q
● For summary offences
A
the Custody Time Limit is 56 days between the first court appearance and the start of the summary trial.
25
● For either-way offences in the magistrates’ court
the Custody Time Limit is 70 days between the first appearance and either the start of the summary trial
26
● For either-way offences being tried in the Crown Court
the Custody Time Limit is 112 days between sending to the Crown Court for trial and the start of the trial (making a total of 182 days). ● For indictable-only offences
27
28
Time limits for defence statement and list of defence witnesses
29
Different time limits apply depending on whether the trial is to take place in the magistrates’ court or the Crown Court.
30
In magistrates’ court cases
the witness notification and
31
32
In Crown Court cases
the witness notification and the defence statement must be served within 28 days from the day on which the prosecution complied
33
34
These time limits are triggered when the prosecution notifies the defence that they have complied with
or purported to comply with
35
36
3. Plea before Venue and Allocation
37
Either way offences: mode of trial/allocation
38
39
Stage one: the court to obtain an indication of plea from the defendant. If the defendant indicates an intention to plead guilty
the defendant is regarded as having pleaded guilty
40
41
Stage two: If the defendant indicates a not guilty plea (or is deemed to have done so)
the court proceeds to determine the question of where the case will be tried. The prosecution make representations on whether the case is more suitable for summary trial or trial on indictment. These representations are based primarily on whether the sentencing powers of the magistrates’ court are adequate. Where a magistrates’ court is dealing with an either-way offence
42
43
After the prosecution representations
the defence make representations
44
45
4. Youth courts and the appearance of youths in other courts
46
A ‘child’ is someone aged 10-13 (the minimum age for these purposes is 10
because that is currently the minimum age of criminal responsibility in England and Wales). A ‘young person’ is someone aged 14-17 inclusive.
47
48
Crown Court trial: s91 of the Powers of Criminal Courts (Sentencing) Act 2000
49
Even though the youth court can try offences that are triable only in the Crown Court for adult defendants
the maximum sentence that a youth court can impose is a 24-month Detention and Training Order
50
51
52
The sentences available to the youth court
53
A youth court dealing with a young offender has a range of sentencing options
including custody. Some non-custodial options are the same as for an adult offender
54
55
A referral order requires the young offender to attend meetings of a ‘youth offender panel’ and so agree to a contract (an ‘acceptable behaviour contract’ or ‘ABC’) which requires a programme of behaviour aimed at preventing re-offending by the offender. The compliance period should be between 3 and 12 months.
56
57
Detention and Training Orders (DTOs)
58
The custodial sentence available to the youth court is the Detention and Training Order (DTO). The minimum age (at the date of conviction) for a DTO is 12. If the offender is aged 12-14 at the date of the conviction
a DTO may be imposed only if they are a ‘persistent offender’ (a term that is not defined in the legislation that creates DTOs). A DTO is a custodial sentence
59
The minimum length of a DTO is 4 months (and so a DTO is not available where the maximum sentence for the offence in question is less than 4 months).
60
61
The maximum length of a DTO is 24 months. The young offender is held in detention (in a special facility for young people) for the first half of the order. The offender is then released but is kept under supervision for the second half of the order. It should be noted that the powers of the youth court and the Crown Court to impose DTOs are identical (like the youth court
the Crown Court cannot impose a DTO for longer than 24 months).
62
63
5. Hearsay evidence: Procedural safeguards
notice requirements Time limits for serving notice?
64
Prosecution hearsay
first. Under rule 20(3)
65
a) 28 days after the defendant pleads not guilty
in a magistrates’ court
66
b) 14 days after the defendant pleads not guilty
in the Crown Court.
67
68
And now defence hearsay. Under rule 20(4)
a defendant who wants to introduce such evidence must serve the notice as soon as is reasonably practicable.
69
70
6. Character evidence: Safeguards in respect of evidence of bad character- The safeguard of procedural requirements
71
72
In respect of the defendant’s bad character
there are different time limits depending on whether the defendant pleads not guilty in the magistrates’ court or in the Crown Court.
73
74
Where the evidence is evidence of the defendant’s bad character
sought to be admitted by the prosecution
75
76
Where the evidence is evidence of the non-defendant’s bad character either in magistrates’ court or Crown Court proceedings
the application must be served as soon as is reasonably practicable or in any event not more than 14 days after the prosecution discloses material upon which any application to admit the evidence would be based.
77
78
A party objecting to the admission of bad character evidence
must serve notice objecting within 14 days of receiving a notice to admit the evidence
79
80
7. Indictments
81
Serving the draft indictment The draft indictment may be generated electronically when the defendant is sent for trial
or else must be served by the prosecution on the defence and the court within 20 business days of service of the evidence on which the prosecution case is based (this time limit may be extended).
82
83
According to the relevant Criminal Practice Direction
the indictment should be served at least 7 days before the Plea and Trial Preparation Hearing.
84
85
8. Jury trial procedure
86
87
Majority Verdicts
88
The jury will be told in the summing up to try to reach a verdict upon which they are all agreed. However
the time may come when the court will accept a majority verdict.
89
90
A majority verdict is permissible after 2 hours 10 minutes have elapsed since the jury retired to consider their verdict (or such longer time as the judge thinks reasonable – much depends on the length and complexity of the trial thus far). The majority verdict direction is that the jury should continue to endeavour to reach a unanimous verdict but
if they cannot
91
92
Although there will be 12 jurors at the start of the trial
some jurors may have been discharged during the course of the trial (for example
93
• 12 jurors: 11-1 or 10-2 • 11 jurors: 10-1
94
• 10 jurors: 9-1.
95
96
A nine-person jury must be unanimous
97
98
9. Sentencing principles and procedure
99
100
The amount of the discount
101
The reduction in sentence for a guilty plea works on the basis of a sliding scale:
102
• there is a maximum 1/3
one-third reduction where the guilty plea is indicated at the first stage of the proceedings
103
• there is a maximum 1/4
one-quarter reduction where the guilty plea is indicated after the first stage of the proceedings
104
• there is a sliding scale of reduction thereafter from one-quarter to a maximum of one-tenth on the first day of trial (‘at the door’
having regard to the time when the guilty plea is first indicated to the court relative to the progress of the case and the trial date
105
• there is further reduction
even to zero
106
107
In the Crown Court
there is no statutory maximum on the amount of a fine that may be imposed and a term of imprisonment in default has to be set when a fine is imposed. In the magistrates’ courts
108
109
- The maximum duration of a community order is three years
110
- an unpaid work requirement (of between 40-300 hours in total)
111
- a curfew requirement (of between 2-16 hours per day; which can be imposed for a maximum period of 12 months)
112
113
If failure to comply without reasonable excuse is proved for the breach of community order (or admitted)
the court must do one of the following:
114
● amend the order to impose more onerous requirements
or
115
● revoke the order and re-sentence (if the offender has ‘wilfully and persistently’ failed to comply with the requirements of the order
a custodial sentence may be imposed even if the original offence did not cross the custody threshold)
116
117
Magistrates’ court custodial powers
118
If a summary offence carries imprisonment as a possible sentence
the maximum sentence (unless the particular statute provides otherwise) is six months per offence. If the magistrates’ court is sentencing for two or more summary offences
119
So
for example
120
• two plus two plus two months
consecutive
121
• so would six months on each
concurrent
122
• or three months plus three consecutive plus three concurrent
again totalling six months.
123
124
A magistrates’ court cannot impose more than six months for an either way offence. If the court is dealing with two or more either-way offences
the maximum aggregate sentence is 12 months.
125
So
for example
126
• four plus four plus four months
consecutive
127
128
The key point is that if the magistrates’ court is dealing with only summary offences
the maximum aggregate is six months. If the court is dealing with two or more either-way offences
129
130
Release on licence
131
Generally
a prisoner is released on licence automatically after serving one-half of the sentence. The licence remains in force for the remainder of the sentence (that is
132
133
Suspended sentences
134
A distinction should be drawn between immediate custody and a custodial sentence which does not take effect unless the offender re-offends or fails to comply with specified requirements. ● A custodial sentence may be suspended if its length is between 14 days and two years.
135
● Such a sentence may be suspended for a period between six months and two years (known as the ‘operational period’).
136
● Additional requirements [the same as those which may be included in a community order] may be added
to be carried out during the ‘supervision period’ (which must end no later than the operational period).
137
138
Mandatory minimum sentences
139
There is a mandatory minimum of seven years for a third conviction of trafficking in class A drugs
unless particular circumstances relating to any of the offences or to the offender would make this unjust.
140
141
There is a mandatory minimum of three years for a third domestic burglary conviction
unless particular circumstances relating to any of the offences or to the offender would make this unjust.
142
143
In both cases
a guilty plea may reduce the sentence below the statutory minimum
144
145
10. Appeal to the Crown Court
146
147
To appeal to the Crown Court
leave to appeal is not required. The defendant must serve a notice of appeal. This must be served on the magistrates’ court and on the prosecution within 15 business days of sentence. The notice of appeal must summarise the issues.
148
149
The appeal is heard by a judge (a Circuit Judge or Recorder)
sitting with two to four lay justices.
150
151
Appeal to the High Court by way of case stated
152
153
Before an appeal by way of case stated can take place
there must have been a ‘final determination’ (i.e. acquittal
154
155
This must be done within 21 days of the final determination. The stated case sets out the findings made by the magistrates’ court
their decision on any relevant points of law (and the reasons for their decision)
156
157
Judicial Review (High Court)
158
159
A claim form must be filed promptly and
in any event
160
161
162
163
Appeals from the Crown Court to the Court of Appeal (Criminal Division)
164
165
Appeal against conviction
166
Leave to appeal is required unless the trial judge certifies that the case is ‘fit for appeal’ (such certificates should be given only in exceptional cases and so are very rare). The application for leave to appeal against conviction must be lodged with the Registrar of Criminal Appeals within 28 days from the date of conviction.
167
168
It should be noted that time starts to run from the date of conviction even if the defendant has not yet been sentenced. An application to extend time may be made if there is good reason (waiting for sentence to be passed is unlikely to be regarded as a good reason). There is a single ground of appeal
namely that the conviction was unsafe.
169
170
Appeals against conviction must be heard by at least three judges; appeals against sentence may be heard by two judges.
171
172
Appeal against sentence
173
Leave to appeal against sentence is required unless the trial judge certifies that the case is fit for appeal (Crown Court judges should certify cases only in exceptional circumstances). The application for leave to appeal against sentence must be lodged within 28 days from the date of sentence. Grounds of appeal include: sentence is wrong in principle/ manifestly excessive.
174
175
It should be noted that a sentence imposed by the Crown Court may be varied or rescinded by the Crown Court within the period of 56 days from the day on which the sentence was imposed. However
only the judge who passed the original sentence can exercise this power.
