Chapter 3- criminal Courts And First Hearing Flashcards
Two types of magistrates
Lay magistrate and district judges
Role of HM courts and Tribunal services in magistrates
Responsibility for managing a team of legal advisors such as court clerks or legal advisors
Role is legal advisors in magistrates
Must be trained barrister or solicitor for 5 years, appear in court with magistrates. They advise lay magistrates on the law but cannot assist in fact finding. They are able to amend the court listing for time date and limits for time of hearing, and to remove matters from list of advised by prosecutors
Maximum sentence for magistrates
6 months - 12 months. 6 months per offence
Can submit to crown court for further sentence if either way offence
Maximum for fines magistrates
Unlimited in line with s85 LASPO
First hearing process magistrates
If defendant denied bail will appear in magistrates within 24 hours
If bail granted will appear at later date listed
Prosecutors gather case evidence and serve on defendant and court no later morning of the hearing
First hearing
Case listed for anticipated guilty please (Gap) or (NGAP)
Def asked to indicate their plea
If guilty they are immediately moved to sentencing
If indictable offence it is immediately transferred out to crown court
GAP cases procedures
Cases where anticipated guilty please for summary or either way offence.
Police to prepare expedited streamlined file in accordance with NFS requirements.
IDPC served on defendant
If suspect changes mind, will then be listed for NGAP
NGAP cases procedure
Cases where anticipated guilty please for summary or either way offence.
Police to prepare expedited streamlined file in accordance with NFS requirements.
CPS to ensure defence has sufficiently served its evidence
Then listed for allocation hearing at magistrates to be tried summarily.
Magistrates list a preparation for trial hearing
If trial is adjourned or moved to crown court. Def will be realised on summons or bail
3 processes carried out at crown court
Bail applications defendants charged with murder
Indictable offence hearings
Sentencing for defendant who had been committed for sentence by the magistrates
Differences between jury and judge
Jury decides cases in fact. Judge decides case in law
Judges and class of offence
Class 1- serious offence heard by HC judge
Class 2- rape offences heard by Circuit judge under authority of presiding judge
Class 3- lower grade offences kidnap, burglary heard by circuit judge of recorder
Case of judge only trial- no jury
Hussain and others 2017
Procedures for initial hearings heard in crown court
Start in magistrates however then moved to crown court
Court will use its decision powers on which offences to be tried as may have a case with more than 1 type of offence, I.e indictable and either way offence.
Matter listed for a plea and trial preparation hearing within 28 days of case being received
At the hearing judge takes control of all case management to ensure better case management is complied with
Main aims of better case management
Robust case management
Cases dealt with in fewer hearings
Early guilty please and early identification of issues in the case
All parties engaging effectively
Effective compliance with CrPR
