CLP 15 - First hearings Flashcards
Where do all adult defendants have their first hearing?
At a magistrates’ court.
What are the three types of offences based on their handling in court?
- Summary-only offences
- Either-way offences
- Indictable-only offences
True or False: The defendant must attend the first hearing.
True.
What can the court issue if a defendant on bail fails to appear at the first hearing?
A warrant for arrest.
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If a defendant is summoned (typically for non-imprisonable, minor, road traffic offences) what happens if they fail to appear?
The case can proceed without them.
What is the time frame for a defendant on bail to have their first hearing if a guilty plea is anticipated + sentenced in mag court?
Within 14 days of being charged.
What is the time frame for a defendant on bail if a not guilty plea is anticipated + to be sentenced in CC?
Within 28 days of being charged.
What must the prosecution serve on the court officer before the first hearing?
Initial details of the prosecution case (IDPC).
What content is included in the initial details of the prosecution case?
- Summary of circumstances
- Any account given by the defendant at interview
- Any written statements/exhibits available
- Victim impact statements
- Defendant’s criminal record
What does the magistrates’ court handle for indictable-only offences?
Bail and legal aid, then send the case to the Crown Court.
What happens if a summary-only offence is connected to an indictable offence being tried in the Crown Court?
It may also be sent to the Crown Court.
List some summary-only offences that must be sent to the Crown Court if linked to an indictable offence.
- Common assault
- Assaulting a prison officer
- Taking motor vehicles without authority
- Driving whilst disqualified
- Criminal damage
What should parties do to assist the court during first hearings for summary-only offences?
- Communicate at the first available opportunity
- Report on communication to the court
- Establish likely plea and agreed/disputed points
What happens if the defendant pleads guilty at a first hearing for summary offences?
Sentence can be passed immediately or adjourned for further information.
What is the maximum sentencing power of magistrates for one offence?
6 months imprisonment.
What occurs if a defendant pleads not guilty in a summary offence case?
The court completes the Preparation for Effective Trial (PET) form.
In an either-way offence, what is the process where the defendant is asked to indicate their plea at the first hearing called?
Plea before venue.
What happens if a defendant pleads guilty in an either-way offence?
They can be sentenced by the magistrates’ court or sent to the Crown Court.
What is required for a guilty plea to be considered unequivocal?
It must be clear and unconditional.
What must happen if the magistrates’ sentencing powers are insufficient?
The case must be sent to the Crown Court.
What is the allocation hearing?
Courts will decide whether to allocate the case to mag (accept jurisdiction) or send it to cc (decline jurisdiction)
If the mag court accept jurisdiction, D can choose what..
- To be tried in the mag court
- To elect CC trial
What can a defendant request during the allocation hearing?
An indication of sentence.
Does the court have to provide indication of sentence?
No - court has discretion.
Limited to whether the sentence would be custodial or non custodian.
What is election and when does it happen?
If the defendant does not ask for an indication, or if the court refuses to give one, or if having heard the indication the defendant sticks with their not guilty plea, the court asks the defendant:
1. If they consent to being tried in a magistrates’ court, meaning the case will be adjourned; or
2. If they want to elect to be tried by a jury meaning the case will be transferred to the Crown Court.
What are the custody time limits for magistrates’ court trials?
56 days.
What are the custody time limits for Crown Court trials?
182 days.
What is the maximum sentence for criminal damage under £5,000?
3 months imprisonment or fine.
What type of offences are treated as either-way but allow the defendant to elect Crown Court?
Low value shoplifting (£200 or less).
What happens if a defendant does not change their plea after receiving a sentence indication?
The indication does not bind future courts.
