Chap 4Procedure in MC,Allocation, and sending to CC for trial and sentence

Question 1

How will a case proceed through the system?

Answer 1

It will be by determined by whether its SOO, EWA or an indictable offence

Question 2

Will all cases start in MC

Answer 2

Yes all cases start in MC, whatvever the classification

Question 3

If person is charged so what happen next?

Answer 3

The police have charged a person with an offence they must bail him to MC or hold him in custody for the next available MC

Question 4

What happens when D appears in MC first time charged with SOO or EWA

Answer 4

The P must provide initial details to the defence

Question 5

Why should the P provide the initial details to the Defence

Answer 5

They do this prior to the plea before venue procedure, and to take initial instructions from client regarding plea

Question 6

what are these initial details the P will pass to the D

Answer 6

The disclosure be a summary evidnce against the D and key witness statement that have been taken with prev convictions

The info is not designed to full case against the D, but provide suff info to assist the defence in advising on plea and other issues.

why do this, this so court can save time to plea guilty soon

By doing this,
If D pleads guilty at early stage to EWA or SOO in the MB, often the only material available to the P and the D will be the initial details

Question 7

what is the first stage of proceedings in the MC?

Answer 7

The first step is when the D enters the plea

Question 8

If the D has been charged with an indictable offence, does the plea happen in the MC?

Answer 8

No cannot enter plea in MC

The plea mostly in MC is either SOO or EWA

Question 9

How many options does a D have when entering guity plea

Answer 9

They have 3 options when asked to enter his plea

1) Refuse plea.
2) Enter guilty plea- this is formal admission to the offence
3) not enter guilty plea

Question 10

What is the one importing about a plea

Answer 10

It MUST be equivocal

This means when the D enters it there should be no doubt that he Is accepting his guilt

If he say guilty but at same time states something he is denying guilt the court must investigate this.

The court can does this by asking to clarify his plea

IF court not satisfied that the guilty plea is unequivocal it must enter not guilty plea on D behalf and hear evidence in trial to solve this issue,

Question 11

Which offence only must be dealt from start to finish in the MC

Answer 11

All SOO , but simtomes a SOO can be dealt in CC if its connected if its connected to an EWA or indictable offense

Question 12

Give some examples of SOO

Answer 12

Some examples include:
Driving without due care and attention
Common assault
Driving without insurance
Assault officer in execution of duty

Question 13

IF D pleads guilut for SOO in court what happen?

Answer 13

The court will deal with sentence immediately

The court may adjourn to another day or put sentence another date, if sentence feels need more info before giving sentence

Question 14

The normal way when deciding the sentence later, how would they get this info?

Answer 14

This is by PSR ( order for Pre sentence report) prep by probation officer

Question 15

IF D pleads no guilty for SOO, then what happens

Answer 15

The case will be adjourned to a trial date

The purpose of adjournment is to allow the D and P prep their respective cases and warn their witness to attend court at trial

CMC is conducted immediately following non guilty plea

Question 16

EWA give some examples

Answer 16

Assault ocassioniong to bodily harm
burglary
dangerous driving

Question 17

Where usually EWA are dealt in

Answer 17

EWA can be dealt in MC or CC

What normally dictates the app court, is the “seriousness of the offence” and likely sentence should D be convicted.

Question 18

What is the sentencing power of MC for EWA

Answer 18

The MC have limited sentencing power ( 6 months for SOO offence or 12 months in total for EWA)

Question 19

What happens if MC determines that dont have sufficient power

Answer 19

IF the MC determines that MC dont have sufficient sentencing power then the MC is not the right venue

Question 20

What is the first procedure for EWA

Answer 20

It starts with a PBV

This means that the charge will be read to the D and he will be asked to indicate how he will plead

If no plea is indicated the MC will proceed as if a not guilty plea has been entered

Question 21

Indication of Guilty plea
What happens if D pleads guilty what happens for the EWA?

Answer 21

The court hears the P case, and the D mitigation and decide if they can sentence themselves or must “commit the case to the CC for sentence”

IF the MC feels they have adequate power, they will either
1) sentence immediately
2) Adjourn for PSR

IF they feel suff power to sentence then they will commit the case to the CC

Question 22

What happens if the D has been committed to the CC for sentence, where will he be bailed or remanded in custody

Answer 22

It will be in CC

normally a PSR will be ordered so that its ready for CC hearing

When the D appears in CC the case heard by single judge who will sentence the D as if he head been convicted or pleaded guilty in CC

Question 23

Often a D will have been convicted/pleaded guilty to number of diff offences some of which should be committed to the CC for sentence and other which, if dealt alone would not go to CC

Answer 23

S.20 sentence code give court the power to ensure that all outstanding offences can be committed to the CC for sentencing

Once a decision to commit a EWA for a sentence made under S.14, “then s.20 allows for any convicted offence “( whether SOO or EWA also to be committed for sentence)

Rmbr that the offence don’t have to be related to be committed under S.20

The purpose of s.20 is t ensure, as far as possible, there is one sentencing exercise in one court for all of the outstanding matters against a Def

Question 24

What happens if the D pleads no guilty or no plea for EWA

Answer 24

If the D does either then the MC will go through the allocation procedure

This procedure is designed to ascertain whether the offense is suitable to be dealt with the MC for trial or whether its serious it shld be sent to the CC for trial.

Main issue is the allocation procedure what will be the sentence the D is likely to receive if convicted aft trial

Allocation only takes places if there HAS BEEN A NOT GUILTY PLEA OR NO PLEA ENTERED

Question 25

When is it likely that allocation will take place

Answer 25

this for the EWA, Allocation only takes places if there HAS BEEN A NOT GUILTY PLEA OR NO PLEA ENTERED

Question 26

For allocation rmbr the P will address the court first The P will have to decide prior to allocation what he considers to be the app venue in order to be in a position to make representations to the court.

Answer 26

The D will need to decide whether to elect CC trial or have the trial in MC This allocation is designed to ensure that the MC can make an informed decision s about whether the case can be dealt with in the MC or whether its too serious and should go to the CC The P will normally outline the what the P case is and make submission about where the case should be dealt with The P will also give e the court a copy of the D previous convictions The D then makes their submission if they wish , then the court will decide the appropriate venue IF the P wants the case to be heard in CC but D wants the case to be heard in MC, then there will be a contested allocation hearing and both sides will have to make a submission as to the where the case should be dealt with

Question 27

If the MC accepts jurisdiction during allocation whzt happens?

Answer 27

The D then given opp to ask for an indication of sentence, The court may ( but does not have to) give an indication of whether he would receive a custodial or non-custodial sentnec if he were to plead guilty Giving an indication is their discretion But rmbr if the D pleads guilty and the MC gives indication, the future court is bound by that indication . The only exception is weher the D is found to be a dangerous offender.

Question 28

What happens after the D asks for an indication

Answer 28

The next stage us the D will be asked if he consents to Summary trial At this stage the D has an absolute right to either consent to remain in the MC or elect to go to CC The D must be advised at this stage merits of going to have trial in MC then CC or vice versa One adv of having in CC might be that legal rulings are made by the judge in absence of jury On other hand CC is generally slower, more exp and the sentencing power in CC is higher

Question 29

What happens if MC declines jurisdiction during allocation

Answer 29

If mc declines jurisdication that is to say the court will be dealt in CC, the D cant stop this

Question 30

What happens if the MC accepts jurisdiction ( the d consents to summary trial)

Answer 30

The case be adjourned for trial CMC takes placed after allocation procedure is concluded and proper to adjournment for trial If there are any particularly complex issues of law to be determined, ex: the admissibility of character or hearsay evidence, a further hearing might be listed before another bench often a DJ to consider the application

Question 31

If the case is determined to go to CC after allocation, the D case shld be dealt with in CC , either because the MC has declined jurisdiction or because the D has elected CC trial, the case will be sent under s,51 of the CDA 1998

Answer 31

The next hearing will be in the CC and the case will follow the same procedure as indictable only offence

Question 32

Rmbr where the D accepts jurisdiction then D asked for indication, if given or not given, then the D decides to consent to summary trial ( then the case be to summary trial)

Answer 32

This is how summary offences are dealt with, they may be sent to CC with an EWA - often a D will face number of charges arising out of the same set of circumstances - There is no problem if all or the offences are EWA they can be sent to CC at the same time.

Question 33

What happens if the D has a mixture of EWA and SOO

Answer 33

IMP Under the sending provision for EWA related to SOO only offences MUST also be sent to CC under S.51 of CDA 1998 IMP But the caveat to sending to CC, is that it must fulfil the conditions of s.51 (11) namely that 1) its an offence which can carry a sentence of imprisonment and/or it is an offence that can lead to disqualification from driving When EWA goes to CC, there will be indictment prepped setting out the charges

Question 34

S,.40 under CJA 1988, provides that a small number of SOO to be tried on indictment

Answer 34

This means that the charge can go on indictment with the related EWA offence The only SOO cthat can be tried on indictment under S,40 is 1) 5k criminal damage 2) taking a vehicle without consent 3) common assault 3) driving while disqualified The consequence is that the D is charged with EQA and a connected SOO listed in s.40, the charges can be put on indictment and tried together before a jury

Question 35

What are the three conditions that SOO can be tried on indictment there are three conditions that "must"be satisfied

Answer 35

- it must be related to EWA -evidence of the offence must be included in the paper served on the defence and the court - the offence must be one of the offences listed in s.40(3)

Question 36

What will happen if the summary offence cant go on indictment?

Answer 36

Nothing will happen in CC unless there is a conviction on or more of the EWA If there is a conviction , the SOO is put to the D and he is asked to enter a plea IF he pleads guilty he will be sentenced for all of the offences tgther If plead no guilty then sent back to MC or the CC judge can sit as a DJ and hear the case against the D himself.

Question 37

where a D charged for robbery and common assault where should the D be sent to ?

Answer 37

The MC should send bother charges alleged against the D to the CC . The robbery is indictable only and must be sent to the CC The Common assault Is summary only. The court must also send to the CC any EWA and SOO so long as they comply with the condition in s.51(11)- here since the both offence came from same facts

Question 38

RMBR where the case was commenced by charge and requisition. which of the following statements most accurately reflects the Crown duty to provide info to D ?

Answer 38

The crown must: 1) serve case summary 2) any written was that are available and copy of D convictions any or before the date of the first hearing ( NOT WITHIN 24HRS before the date of the first hearing If the case was not done by charge and requisition then the P need only to provide a summary of the circumstances of the offence and D criminal record before the first hearing

Question 39

Rmbr that S.14 under s.14 is where the MC would commit the case to CC, this where they feel their sentence power not enough

Answer 39

S.18 is relaterd to EWA linked to other offences being sent for trial

Question 40

Where D charged with Burglary and taking a vehicle a conveyance without consent. You represent the D at allocation hearing and advise her that given the prev convictions of burglary the court is likely to decline jurisdiction on the burglary. What likely will happen to vechilce offence?

Answer 40

A count of taking without consent may be added to the indictment in the CC TWOC is summary only offence, so normally triable in MC but where fall under ambit of s,40 CJA account may be added to the indictment and the offence try by jury . Thus must be sent to CC ( as arise from same facts) and may be adduced to the indictment

Question 41

If D charged from criminal offence for under 5k which is EWA becoming summary only, and the D wanted the case to be tried in CC can he do that?

Answer 41

No he cant since, its below 5k ,. The D loses right to elect trial in CC The court does not have the power to send the case for trial on indictment

Question 42

During allocation the D prev convictin will be show to the court, as such during conference, the Barrister job to ascertain in conference is to asceratin the D defence so that can use them in representation to the appropriate venue

Question 43

Rmbr for EWA the D has the right to elect trial in the CC So if he indicates not guilty plea before the pbv hearing the MC can hear representation about allocation from both the P and the Defence

Question 44

IF D case was adjourned and he appears via the live link and wants to plead guilty can he do that?

Answer 44

The D can do that provided that the court is satisfied that its not contrary to the interest of justice for him to do so. He can do so from prison or from a police statin

Question 45

If the D is 22 years old and is charged with theft, for total value of 150p. Where will the case be tried?

Answer 45

Since the offence is a low value shoplifting ( not exceed 200p) the offence is triable only summary However if the accused is 18 years or older they retain the right to elect the CC trial. If the D is charged with criminal damage it must also be see if above 5k

Question 47

If D1 (22) and D2(24) are jointly charged with burglary. the MC decide the case is suitable for summary trial. D1 ok with summary trial, D2 wants CC trial by jury What approach would court take in deciding where the case shld be sent, shld it be taken to CC

Answer 47

If D1 elects for CC, then D2 must also be sent to CC Where the court deals with two or more joibtly charged adult def on the same occasion, if D select CC trial then the other must also be sent for trial Dont matter if the MC dont accept jurisidication Only if grounds embarrassment, D1 lets say more history, d2 normal guy then it will tried separately

Question 48

If the D charged with theft and pleads guilty but don’t understand and says that she going to give it back. What is the courts likely response to this

Answer 48

The court is likely to ask the d to clarify whether she has the necessary mens rea for the offence rmbr that the plea has to be equivocal or ambigious. If ambigious have to clarify with the D BUT IF THE D SAYS SILENT THEN ONLY THE COURT SHOULD RECORD A GUILTY PLEA

Question 49

Under what conditions can a summary-only offence be sent to the Crown Court under s51?

Answer 49

A summary-only offence can be sent to the Crown Court under s51 if it meets the conditions in s51(11), namely: 1) It is an offence that carries a sentence of imprisonment, and/or 2) It is an offence that can lead to disqualification from driving.

Question 50

What is the main summary offences that can be tried on indictment under s.40 ?

Answer 50

A: This is criminal damage under 5k, taking a vehicle without consent, common assault and driving while disqualified

Question 51

Mixed plea: what happens if D pleads not guilty to some EWA charges and guilty to others and the not guilty charges are being sent to CC for trial

Answer 51

The charges/for trial will be sent to CC under s.51 of CDA and the EWA to which he has pleaded guilty can be committed for sentence under s.18

Question 52

Rmbr s.14 power to commit for sentence S.18, where the MC powers are insufficient, the court also has the "power to commit" under s.18

Question 53

Rmbr THAT CRIMINAL DAMAGE START OUT AS EWA for the purpose of classification

Answer 53

But rmbr if the value of damage is less then 5k, criminal damage becomes a SOO

Question 54

What are three exception to this where criminal damage remains triable

Answer 54

1) Criminal damage is caused by fire "arson" 2) criminal damage is charged in aggravated form, with an additional men's rea that the D was reckless as to whether life was endangered or intended to endanger life 3) Where criminal damage, is caused to memorial, building

Question 55

Take note that criminal damage only offence there will be no PBV and the D will not be able to elect trial in CC. Case will be dealt with in MC from start to fin

Question 56

Where criminal damage cant be ascertained to be above 5k then the court will inform the D that

Answer 56

1) he can consent to SOO 2) if he does, he will be dealt with summarily 3) the sentence for criminal damage is restricted in the MC to a maximum of 3 months

Question 57

shoplifting under 200p - a hybrid of EWA

Answer 57

an offence of the theft from a shop where the value is less then 200p is now treated as if summary only Despite it being summary only the D can still elect CC trial Multiple low-value shop thefts charged together remain either-way offences if their total value exceeds £200. For example, five thefts of £50 each (total £250) would be either-way.

Question 58

Indictable offence give some examples

Answer 58

murder, rape, manslaugter, robbery This is the most serious offence and MUST ALWAYS go to CC for trial/sentence

Question 59

Rmbr that all D charged with indictable offence make an initial appearance in the MC

Answer 59

Rmbr no plea taken at this stage So long the P and defence are ready the case will be sent to CC under S.51

Question 60

Indictable only cases will be allocated a date in the CC for "plea and trial preparation hearing" (PTPH) within 28 DAYS after the MC court hearing

Answer 60

Often a D charge with number of offences some may be indictable some EWA and some summary only If all the offence are related, its preferred to keep them together then deal with them in the MC and some in the CC As such with EWA s.51 provides that if D is sent to CC for an indictable offense, he shall be sent for EWA or SOO