CLP 3 - 1st Hearing Either way

Question 1

Where are cases heard?

Answer 1

Summary only offences - Magistrates

Either-way offences - Magistrates or Crown Court

Indictable only offences - Crown Court

Question 2

What does the first hearing deal with for indictable offences

Answer 2

• Bail
• Legal aid

Question 3

What is the exception to summary cases staying in the magistrate’s court?

Answer 3

If the summary offence is connected to an indictable offence and is:

• common assault
• Assaulting prison officer,
• TWOC
• Driving whilst disqualified
• Criminal damage under £5k

If not on the list and ‘not guilty’ plea - return to magistrate’s court after the CC trial is done.

Question 4

If a case is an either-way case, who decides where it is held?

Answer 4

• Magistrate’s court can accept/decline jurisdiction
• Defendant can elect for Crown Court

Question 5

Either-way

When can the defendant be committed to the crown court for sentencing?

Answer 5

• sentence exceeds its maximum
• sentence should be of a type the magistrate’s court cannot pass.

Question 6

What happens next in the magistrate’s court for an either way case where D indicates a guilty plea?

Answer 6

Mag will decide if their sentencing powers are sufficient. If so, sentence. If not, commit D to Crown Court for sentencing.

Question 7

What happens next in the magistrate’s court for an either way case where D indicates a NOT guilty plea and later indicates he will plead Guilty?

Answer 7

Court must arrange to take his plea ASAP.

Question 8

What happens next in the magistrate’s court for an either way case where D indicates NOT guilty plea?

Answer 8

Magistrates decide where trial heard via “Allocation Hearing”.

Question 9

What happens next in the magistrate’s court for an either way case where D indicates he will plead NOT Guilty or provides no answer?

Answer 9

An allocation hearing will be held

Question 10

What decides where a case will go when at an allocation hearing?

Answer 10

The sentencing guidelines

Question 11

What happens at the allocation hearing?

Answer 11

Prosecution:

• Opens with Facts
• Outlines offending history
• Makes submissions as to where the case should go

Defence:

• Can make submissions

Magistrates Court makes a decision

Question 12

In either way cases, does the defendant have a right to elect for a summary trial?

Answer 12

No, the magistrates chose whether or not to accept jurisdiction.

Question 13

If a summary trial is considered more appropriate in an either way case by the magistrates, will the magistrates pass sentence?

Answer 13

Not necessarily, the magistrates can still commit the case to the crown court for sentencing.

Question 14

If the magistrates court accepts jurisdiction for an either way case, can D request an indication of sentence?

Answer 14

Yes but the court has discretion

Question 15

What will be given as an incitation of sentence if the court agrees to give one?

Answer 15

Whether custodial or non-custodial

Question 16

What are the implications if the magistrates court gives an indication of sentence

AND

D indicates a guilty plea based on the indication of sentence?

Answer 16

• no court can impose a custodial sentence unless such a sentence was indicated.

Question 17

What are the implications if the magistrates court gives an indication of sentence

AND

D pleads not guilty?

Answer 17

The indication of sentence has no effect

Question 18

Under what circumstances can an either way case be sent to the crown court without an allocation hearing

Answer 18

Where DPP thinks the case is

• serous fraud.
• case involves a child who’d be called as a witness.
• related cases (D charged with indictable only and either way offences). Except where already sent to CC and then comes in with either way case - then ‘may’ send to CC.
• related offenders (other D sent with inevitable only offence). Again, only ‘may’ if D subsequent to other D.

Question 19

What are the exceptions to the allocation hearing process?

Answer 19

• low value shoplifting (£200)
• Criminal damage (£5k)
• Complex fraud
• Child witnesses

Question 20

What is low value shoplifting?

Answer 20

Value of £200 or less

• max sentence is 6 months
• can elect for Crown Court

No allocation hearing but D can elect

Question 21

What is Criminal damage:

Answer 21

Criminal damage is normally and either way offence. However:

• Over £5,000 or Arson = Crown Court ONLY
• £5,000 or less MUST be dealt with in the magistrates Court (cannot elect for CC).

As must be held in Mag - no allocation hearing

Question 22

What is complex fraud

Answer 22

Needs two of the following:

• Exceeds £500,000
  .
• Significant international dimension
• special knowledge required
  .
• numerous victims
• public body
• widespread public concern

Will be sent to CC without allocation hearing

Question 23

When might the magistrates court order a pre sentencing report in either way cases going to the crown court?

Answer 23

Magistrates may order a pre-sentence report for the Crown Court if:
- there is a realistic alternative to a custodial sentence
- the defendant may be a dangerous offender
- there is an appropriate reason for doing so

Question 24

What happens next in the magistrate’s court for an indictable only case where D indicates a NOT guilty plea?

Answer 24

• D identified and charge read to them.
• Court explains allegations and that D will go to CC
• consideration of bail.
• D asked whether he will plead guilty in crown court.

Question 25

When will the means test for legal aid be automatically met (passporting)?

Answer 25

Under 18
Receive benefits

Question 26

Are all people eligible for publicly funded representation at the police station?

Answer 26

Yes

Question 27

When are “the interest of justice” automatic met for legal aid?

Answer 27

• defendants under 18
• for trials in the Crown Court and
• following a committal for sentence

It is NOT automatically met for appeals to the Crown Court against conviction or sentence.