Chapter 4: First Hearings Before the Magistrates

Question 1

The process of first hearing varies depending on whether a defendant is charged with a summary only, either way or indictable offence. However, what two things will all defendants be asked to provide?

Answer 1

1. Name
2. Date of birth

Question 2

What is the process of a first hearing for summary offences?

Answer 2

1. Defendant pleads guilty or not guilty.
2. If the defendant pleads guilty, the court proceeds to sentence.
3. If the defendant pleads not guilty, a date for trial is set

Question 3

What is the process for either way offences?

Answer 3

Court proceeds to plea before venue

Question 4

What is the process for indictable only offences?

Answer 4

The matter is sent immediate to Crown Court for trial

Question 5

If a representation order is in place, would a solicitor seek disclosure from the prosecution before or after the first appearance?

Answer 5

Before

Question 6

A solicitor has a duty to advance their client’s best interests and a duty not to mislead the court. What should a solicitor do if these two duties conflict?

Answer 6

Withdraw from the case

Question 7

Where are applications for a representation order submitted?

Answer 7

To the court dealing with the case

Question 8

What two requirements must be satisfied for a representation order to be granted?

Answer 8

1. The interests of justice test
2. The means test

Question 9

When will the means test automatically be satisfied for a representation order to be granted?

Answer 9

• The defendant is under 18, in receipt of income support, on Job Seeker’s allowance, a state pensioner or receives income-related support and allowances
• All other defendants must have an annual disposable income of £3,398 or less