CLP 15 - First hearings Flashcards
Where do all adult defendants have their first hearing?
In the magistrates’ court, regardless of offence type.
What determines the case’s next step after the first hearing?
The type of offence:
* Summary-only: stays in magistrates
* Either-way: magistrates or Crown Court
* Indictable-only: sent to Crown Court
Is the defendant required to attend the first hearing?
Yes – unless the matter was started by summons (non-imprisonable offences).
What happens if a bailed defendant fails to appear?
Court may issue an arrest warrant; failing to surrender is an offence.
When must a bailed defendant appear?
- Within 14 days (if a guilty plea is expected)
- Within 28 days (if not guilty or Crown Court trial is anticipated)
When must a defendant in custody appear?
At the next available court.
What must the prosecution provide at the first hearing?
Initial details of the case, including:
* Summary of facts
* Defendant’s criminal record
* Statements and exhibits (if D is on bail)
What is the remedy if IDPC is not provided?
Adjournment and/or defence costs, not dismissal.
What must parties do before a first hearing?
Communicate and identify likely plea, agreed/disputed points, and materials needed.
Can a guilty plea be entered in writing?
Yes – for minor non-imprisonable offences initiated by summons.
What happens after a not guilty plea?
PET (Preparation for Effective Trial) form is completed and trial prep begins.
What is ‘plea before venue’?
D is asked for a plea at the first hearing before deciding trial venue.
What if D pleads guilty to an either-way offence?
- Magistrates may sentence
- Or commit D to Crown Court if powers insufficient
When is a guilty plea considered ‘not guilty’?
If it includes justifications, e.g., ‘I was acting in self-defence.’
What happens if D pleads not guilty or gives no plea?
Case goes to allocation hearing.
What happens during an allocation hearing?
- Prosecution outlines case and sentencing history
- Defence makes submissions
- Court decides:
* Retain jurisdiction (magistrates)
* Send to Crown Court
What if magistrates retain jurisdiction?
D can consent to summary trial or elect Crown Court trial.
When can D request a sentence indication?
If considering a guilty plea.
What is the effect of a non-custodial sentence indication?
Binding on future magistrates only if D pleads guilty.
What if D elects Crown Court trial?
Case is transferred; a Case Management Questionnaire is completed.
What are the pros of a summary trial?
- Quicker
- Less formal
- Cheaper
- Shorter waiting times
- No defence statement required
What are the pros of a Crown Court trial?
- Higher acquittal rate
- Different tribunal of fact and law
How is low-value shoplifting treated?
Summary-only, unless D elects Crown Court trial.
What about criminal damage offences?
- Over £5000 = Crown Court
- Under £5000 = Summary trial
What about complex fraud or child witness cases?
Sent directly to Crown Court (skip plea before venue).
When must cases go to Crown Court?
- Indictable-only offence
- D pleads guilty but magistrates’ sentencing powers insufficient
- Magistrates refuse jurisdiction
- D elects jury trial
What is the exception for summary-only offences going to Crown Court?
If linked to an indictable offence being tried at the same time.
What is the custody time limit in magistrates’ court?
56 days
What is the custody time limit in Crown Court?
182 days, minus time in custody before transfer.
When does the trial ‘start’?
- Magistrates’ court: when prosecution evidence begins
- Crown Court: when jury is sworn
When can custody time limits be extended?
If the prosecution acted with due diligence and there is good reason.
