Allocation Flashcards
When do the initial details of the case need to be supplied by the prosecution?
As soon as practicable
In any event, no later than the beginning of the first day of the hearing
What are the initial details provided where the accused has been in custody immediately before appearance
A summary of the circumstances of the offence
The accused’s criminal record
What are the initial details provided where the accused has NOT been in custody immediately before appearance
A summary of the circumstances of the case
Any account given by the accused in interview
Any written witness statements (including exhibits) which the prosecutor deems relevant to plea/location
Any statement as to the effect of the offence on victims of their family
What happens if the prosecution does not supply the initial details?
Can be directed to do so by mags.
This can result in an adjournment and a costs sanction
What happens if the information relied upon by the prosecution is presented late?
It may not be accepted by the court until the defence has had time to consider it
Can the court dismiss charges simply because initial details are not provided?
No
Pre-trial hearings in the magistrates must happen in front of a full bench - true of false?
False - can happen in front of a single justice if they were charged in the police station (not by the CPS later)
What happens at a preparation for trial hearing in the mags?
The Court will:
Give directions for an effective trial
gather the name and DoB of the accused, if not already known
If the accused is present, they must be made aware that they will get credit for a guilty plea
The court will take a plea
If a guilty plea is not entered D will be told that:
they will be able to give evidence
if they do not attend it may continue in their absence
When will a pre-trial hearing not take place in the mags?
Where a written guilty plea is entered
where a case is committed to the Crown court
the single justice procedure applies
What will be dealt with in pre-trial rulings?
Admissibility of evidence
Applications for special measures/ground rules for questioning some witnesses
Can hearings be held over video link?
Yes
What is the test for a videolink hearing?
It must be in the interests of justice
What is the court’s approach to ambiguous pleas?
If a guilty plea suggests a defence, it should be taken as a not-guilty plea
This is after an explanation of the law and seeking clarification
What is the process for a plea before venue hearing (E/W offence)?
Takes place before the accused, and before evidence is presented by the prosecution
Charge is written down and read to the accused
The court should explain that the accused can indicate their plea and that if they plead guilty they may be sentenced there as if it was a summary trial, or committed for sentence
The accused should be asked for their plea
If guilty => sentence
if not guilty => allocation
What is the allocation process (for an E/W offence)?
P & D make representations on which is more suitable. P must provide previous convictions (as it will have a bearing on sentence)
Court must decide whether to accept jurisdiction or not.
If court accepts jurisdiction, they will explain this to accused and ask an indication of venue
D can then ask for a sentencing indication to inform their decision. This is the answer to the question “Would you send me to prison if I plead guilty now and elect summary”.
D can then enter a fresh plea based on this. If court said no prison, they cannot send to prison.
Court is not bound by the indication if they don’t enter a guilty plea though (they have to rely on it)
What will the magistrates consider when deciding whether to accept jurisdiction of an E/W offence?
Main criteria here is whether the sentence the mags can impose is adequate
Allocation guidelines also taken into account which say that in general E/W should stay summary unless really complex or sentencing powers manifestly inadequate.
Parties representations
Other factors (i.e defence of insanity)
How does allocation work with co-accused?
Must be tried in the same place
Under what circumstances can the prosecution serve a notice on the court to insist on a crown court trial?
If the case involves fraud of such seriousness and complexity that the crown court should take over case management straight away
The case involves an offence which involves assault on, injury to or threat of injury or other specified offences and a child will be called as a witness
Can summary charges be added to an indictment?
Yes - as long as they are made out of the same facts as an indictable offence which has also been charged
When can the accused miss the plea before venue hearing?
If they are:
Represented, and
the court decided their conduct is so disorderly that they cannot attend
When can the accused miss the allocation hearing?
If they are represented and
the court decided their conduct is so disorderly that they cannot attend
or the accused consents and the court sees there is a good reason for it be done in their absence
If the accused is charged with criminal damage, under what circumstances do they lose the right to trial by indictment?
If the value of the damage is less than £5000.
The damage cannot have been caused by fire or to a memorial.
How is the value or criminal damage calculated?
Damage beyond repair = market value
Otherwise the market cost of repairs, or cost of replacement, whichever is cheaper.
No consideration of consequential losses.
If more than one act and they are on the same facts, then aggregate the values.
What is the procedure the court will follow to ascertain value of criminal damage?
Done by representations.
No witnesses, but doc evidence welcome.
If the value is unclear (and marginal) the accused will be asked to consent to summary trial
What is the maximum penalty under the Criminal Damage Special procedure if tried summarily?
3 months in prison or fine or £2,500
Under what criteria is shoplifting treated as summary only?
Low value - Under £200.
But court must offer a crown court trial
What happens if someone is sent to the crown court under s.51 Crime and Disorder Act not in open court?
Must be sent on unconditional bail
Unless bail conditions already in place, then can keep those conditions.
Which 5 summary-only offences can be added to an indictment if founded on the same facts?
Common assault (inc battery)
Assaulting a prison custody officer
Taking a motor vehicle without consent
Driving while disqualified
Low value criminal damage
What doctrine binds the court when committing for sentence?
Legitimate expectation
If the accused is expecting be sentenced by the mags (based on a sentence indication) they shouldn’t then be committed
What can the magistrates do when sentencing an either way offence, with a pending crown court trial for another related offence?
Can commit for sentencing
s.18 Sentencing Act 2020
Does committal happen on bail or in custody?
Either
When can a magistrates commit for sentence for an either-way or summary offence, where another offence also awaits sentence in the crown court?
No related offence test - can commit for sentence in the crown and all can be dealt with at once.
Crown court then exercises the powers of a magistrates.
s.20 Sentencing Act.
This is where the Crown Court will sentence anyway, so other stuff lumped in and sent up together (where convicted or guilty - not where awaiting trial)
