Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Wrapped: Criminal Law > C12: The Magistrates' Court > Flashcards

C12: The Magistrates' Court Flashcards

You may prefer our related Brainscape-certified flashcards:
MPRE flashcards MBE flashcards Civil Procedure 1L flashcards
1
Q

Which legislation covers the Magistrates’ Court?

A

The Magistrates’ Court Act 1980 (MCA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the two types of Magistrate?

A

Lay magistrates
District Judges (legally qualified)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who assists the Magistrates?

A

Court officers (used to be called justices’ clerks)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What will the Magistrates deal with and what will the court officers deal with?

A

Magistrates: law and fact, including innocent or guilty

Court officer: advise on law, evidence and procedure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does a lawyer need to present a case?

A

Rights of audience

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How do cases get to the Magistrates Court?

A
  1. Via a written charge authorised by the police or CPS at a polcie station
  2. A prosecutor applies for a summons to be issued by providing information (judicial, not just adminstrative)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the service of the summons and what is it governed by?

A

CrPR Part 4

It must be satisfied that:
- the info is an offence in law
- within the time limit
- court has jurisdiction
- informant has necessary authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What should written charges be accompanied by?

A

A postal requisition to the person charged, so they can appear before the Magistrates’ Court to answer that charge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How long do you have to issue a written charge for all three types of offences?

A

Summary-only - within 6 months of offence

Either way or Indictable only - no time limit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does the court do if someone doesn’t attend their court date?

A

Not guilty plea will be entered.

  1. Adjourn proceedings
  2. Try case in their absence
  3. Adjourn and issue a warrant for arrest, if offence is punishable with imprisonment or disqualification.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

How long does someone have to enter a statutory declaration of their innocence of their ignorance about the proceedings?

A

21 days from when they got knowledge of the trial. They can’t do this once the trial has begun.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is Single Justice Procedure?

A

A prosecutor issues SJP notices to non-imprisonable summary only offences. If pleading guilty, the Magistrate deals with it ‘on the papers’ alone and delivers the penalty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Can you plead guilty by post or online?

A

Yes, only to summary only offences and they cannot be custodial offences. Mitigating circumstances is read out in court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the time frame for appearing at Magistrates’ court if the defendant has been charged and denied bail? What is this court called?

A

Remand court - must been seen 24 hours from charge.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the Transforming Summary Justice initiative?

A

Reduces delay in Magistrates’ Court cases, holding fewer hearings and making case management decisions at the earliest stage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a GAP or NGAP listed in the Magistrates Court?

A

GAP: guilty anticipated plea
NCAP: not-guilty anticipated plea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What happens at the first hearing at the Magistrates’ Court?

A

A plea is entered or indicated by the defendant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

When will the Magistrates Court proceed straight to the sentencing stage?

A

When a guilty plea is entered to a summary only or an either-way offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What happens if the Magistrates’ Court powers of sentence are not considered to be sufficient?

A

The magistrates can send the defendant to Crown Court for sentence under the Sentencing Act 2020

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the Magistrates’ max sentencing powers?

A

Imprisonment:
W6 months for summary only
12 months for two or more either-way offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the IDPC?

A

Initial details of the prosecution case

22
Q

What should the IDPC include?

A
  • summary of offence
  • defendant’s criminal record
  • defendant’s account from interview
  • witness statements/evidence
23
Q

When can a s9 CJA 1967 statement be used?

A

To allow a party wishing to tender a statement in written form, e.g. an officer who did not conduct the interview, or an expert who analysed a sample to test for drugs.

It must be signed, contain a declaration of truthfulness, be served on other parties and agreed by parties.

24
Q

What is evidence called that does not make it to court?

A

Unused

25
Q

What is a SDC form?

A

Streamline Disclosure Certificate form.

  1. The SDC - No Items to Disclose - for material that doesn’t meet the disclosure test.
  2. The SDC - Items to Disclose - material that does meet the disclosure test.
26
Q

What is the evidence disclosure test?

A

Material the prosecution has gathered which might:
- assist the defence case
- undermine the case for the prosecution

This must be disclosed if so.

27
Q

What is a plea before venue?

A

When, in an either-way offence, the defendant indicates how they intend to plead in a Magistrates’ Court.

28
Q

What happens if a summary offence being pleaded at the Magistrates’ Court? Give answers for guilty and not guilty plea.

A

If guilty: takes plea and consider sentence

If not guilty: conduct a case management hearing and fix a date for trial

29
Q

What happens if a either-way offence being pleaded at the Magistrates’ Court? Give answers for guilty and not guilty plea.

A

There will be a plea before venue procedure, which comes before an allocation hearing

30
Q

What happens if the defendant pleads guilty at the plea before venue?

A

They get a generous sentencing discount for entering a guilty plea early in the proceedings.

31
Q

What is an equivocal (open to more than one interpretation) plea?

A

Where the defendant indicates that they are going to plead guilty, but in actual fact their plea doesn’t make it clear that they are accepting that they are guilty, e.g. when asked why they carried out the offence, they seem to have a defence. The court will not accept an equivocal plea.

32
Q

Which one out of two things will happen straight after a defendant pleads guilty in an either-way offence?

A

They will go straight to sentencing or take an adjournment for the preparation of the pre-sentence report.

33
Q

What will happen straight after a defendant pleads not guilty, gives no plea or gives an equivocal plea?

A

The Magistrates’ Court will proceed to the allocation hearing.

34
Q

What are the statutory factors under s18 MCA 1980?

A

Magistrates must have regard to the following in deciding whether the offence is suitable for summary trial or trial on indictment:

  • nature of case
  • serious offence
  • magistrates sentencing adequate?
  • any other factors?
35
Q

What must the Magistrates’ Court consider when deciding where an either-way offence goes in allocation?

A

s18 MCA 1980
The Sentencing Council’s ‘allocation guideline’

36
Q

What will happen at the allocation hearing?

A
  1. Prosecution will give courts facts of the case and provide previous convictions of defendant, then suggest where case should be heard.
  2. Defence will pass comment and suggest where case should be heard.
  3. Court will make a decision.
37
Q

Can the defendant elect to have their trial in the Crown Court if it is allocated to the Magistrates’ Court

A

Yes, they can.

38
Q

What must the Magistrates’ Court conduct where the case is to be tried summarily and there is a not guilty plea?

A

A Preparation for Trial Hearing

39
Q

What info can a defendant seek prior to making a decision on whether they want to have the trial in the Crown Court?

A

They may seek an indication to whether a non-custodial or custodial sentence would be imposed for a guilty plea. The court is not bound to give an indication though.

40
Q

When are either-way offences sent directly to the Crown Court?

A
  • serious fraud
  • children
  • either way offences related to indictable-only offences
  • burglary while trespassing (indictable only)
  • burglary with violence or threat of violence
  • burglary with three strike rule (domestic burglary already done twice)
41
Q

When is theft not indictable and only treated as a summary-only offence?

A

When the value of the shop theft is low, i.e. under £200. The defendant can still elect for Crown Court though.

42
Q

When is criminal damage not indictable and only treated as a summary-only offence?

A

When the value of the criminal damage is low and not arson-related, i.e. under £5,000 of damage. It must be treated as a summary offence and tried in Magistrates’ Court. No election is possible.

43
Q

What does the court expect of the prosecution and defence once a defendant gives a not guilty plea?

A

They should be prepared to conduct a case management (Preparation for Trial) hearing right away - they should know witness availabilities and set a date.

44
Q

What happens at a Preparation for Trial hearing and which form must they be outlined on?

A

The PET form (Preparation for Effective Trial) must identify:

  • the issues in the case
  • the evidence agreed
  • the witnesses to be called
  • witnesses having special measures
  • evidence adduced by way of formal admissions
45
Q

How long after a Preparation for Trial hearing must the summary trial be listed?

A

Within 6-8 weeks of the not guilty plea being entered.

46
Q

What are the pros of Magistrates’ Court trials?

A

+ Speedier
+ Cheaper
+ Little media coverage
+ Less formal
+ Easier sentences

47
Q

What are the cons of Magistrates’ Court trials?

A
  • Higher conviction than by jury
  • Not generally legally qualified
  • Not a separate judge and jury
  • No summing up
  • No delays to get mitigation ready
48
Q

What is the procedure at summary trial?

A
  1. Court officer reads charge, or confirms not guilty plea
  2. Prosecution presents case with opening speech
  3. Prosecution witnesses gives evidence-in-chief
  4. Defence cross-examines witnesses
  5. Prosecution reads out agreed written evidence
  6. Here, defence can submit ‘no case to answer’
  7. Defence case starts, no opening speech
  8. Defence witnesses (usually including defendant, otherwise adverse inferences are drawn)
  9. Prosecution cross-examines
  10. Defence reads out agreed written evidence
  11. Prosection can call rebuttal evidence.
  12. Here, defence can also submit ‘no case to answer’
  13. Closing speeches are made, defence goes last
  14. Magistrates retire
  15. Magistrates make their decision and announce.
49
Q

What happens in a summary trial if the defendant is guilty and not guilty?

A

If defendant is guilty, court will proceed to sentence and CPS provide list of defendant’s previous convictions. Plea in mitigation is given

If defendant is not guilty, court hears costs applications to be processed by court officer. Defence would ask for costs to be paid for by the state.

50
Q

Must Magistrates’ give reasons for their decision?

A

No, they do not, but they generally do give reasons.

Wrapped: Criminal Law (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions