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SQE 1 > CLP 3 - pre-trial > Flashcards

CLP 3 - pre-trial Flashcards

1
Q

Where are cases heard?

A

Summary only offences - Magistrates

Either-way offences - Magistrates or Crown Court

Indictable only offences - Crown Court

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2
Q

Where D is on bail, when must the first hearing be?

A

14 days of being charged - if prosecutor anticipates a guilty plea which is likely to be sentenced in a magistrate’s court

28 days of being charged - where it is anticipated that the defendant will plead not guilty, or the case is likely to go to the crown court for either trial or sentence.

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3
Q

Where are all cases first heard?

A

Magistrate’s court

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4
Q

What if the defendant is not present at the first hearing if under police bail?

Or

In Absentia - summonsed vs either-way/indictable

A

If bailed by the police - court can issue a warrant for his arrest. Failure to surrender to bail is an offence under the bail act 1976.

Court must decide whether it can continue absentia - not normally possible for indictable or either-way cases.

If summonsed to court - D does not commit an offence for non-appearance. Case can continue absentia.

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5
Q

1) When is the prosecution obliged to serve the initial details on the court officer?

2) When is the prosecution obliged to serve the initial details to the defendant following a request?

3) What is the remedy if they fail to do so?

A

1 & 2) as soon as practicable and no later than the beginning of the day of the first hearing.

3)normally adjourn a first hearing and/or award costs to the defence.

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6
Q

What is included in the ‘initial details of prosecution case’ where defendant was not in police custody immediately before the first hearing in the magistrate’s court?

A
  • a summary of the circumstances of the offence,
  • any account given by the defendant in interview,
  • any written statements/exhibits that are available & material.
  • victim impact statements
  • defendant’s criminal record
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7
Q

How much detail should be included in the ‘initial details’?

A
  • sufficient to allow the court to take an informed view on plea and venue for trial.
  • where not guilty please is anticipated, should allow the court to identify the real issues and give directions including Preparation for Effective Trial (PET) form.
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8
Q

What does the first hearing deal with?

What about indictable only?

A
  • plea
    -bail
    -representation and legal aid
  • If indictable only offence, magistrates will only deal with bail and representation before the case goes to the Crown Court for plea.
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9
Q

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

A

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.

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10
Q

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

A
  • Magistrate’s court can accept/decline jurisdiction
  • Defendant can elect for Crown Court
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11
Q

Summary only

  • What sentences are available if D enters a guilty plea?
A

Court will sentence
- fine
- 6 months in prison

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12
Q

Where there is a pre-trial hearing, for how long is the ruling binding?

A

until case is disposed of by:
- Conviction or acquittal of the defendant
- Prosecution decides not to proceed
- Dismissal of the case

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13
Q

Must a guilty plea be unequivicable?

A

Yes - no “guilty but I…”

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14
Q

What is the longest sentence a Magistrate’s court can give for an either-way offence?

A

12 months

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15
Q

Either-way

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

A
  • sentence exceeds its maximum
  • sentence should be of a type the magistrate’s court cannot pass.
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16
Q

What classification is a murder or manslaughter offence?

A

Indictable only

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17
Q

What classification is a assault and battery offence?

A

Summary only

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18
Q

What classification is ABH

A

Either way

19
Q

What classification is GBH

A

Either way

20
Q

What classification is Malicious wounding / causing GBH?

A

Indictable only

21
Q

What classification is theft

A

Either way (Low value shoplifting under £200 in total is summarily only although can elect for jury trial at crown court)

22
Q

What classification is robbery?

A

Indictable only

23
Q

What classification is burglary?

A

Either way

Except indictable only where:

  • ulterior offence is indictable only, or
  • In a dwelling and any person in the dwelling was subject to violence or threat of violence, or:
  • over 18 and this is third separate CONVICTION for burglary of a dwelling.
24
Q

Aggregated burglary

A

Indictable only

25
Q

What classification is fraud?

A

Either way

26
Q

What classification is Simple criminal damage?

A

Either way

Except low value £5,000 or less - summary only (accused CANNOT elect for CC and just be tried summarily.

27
Q

What classification is aggravated criminal damage?

A

Indictable only

28
Q

In what cases must the prosecution produce an Initial Details of Prosecution Case (IDPC)?

A

Summary and either way offences. NOT indictable only offences

29
Q

What is included in the ‘initial details of prosecution case’ where defendant was released on bail and prosecutor does NOT expect a guilty plea?

A
  • a summary of the circumstances of the offence,
  • any account given by the defendant in interview,
  • any written statements/exhibits that are available & material.
  • victim impact statements
  • defendant’s criminal record

PLUS

  • important statements and exhibits
  • details of witness availability
  • any medical or expert witnesses
  • any special measures, bad character or hearsay
30
Q

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

A

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

31
Q

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

A

Magistrates decide where trial heard via “plea before venue”.

32
Q

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

A
  • 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.
33
Q

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?

A

Court must arrange to take his plea ASAP.

34
Q

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?

A

An allocation hearing will be held

35
Q

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

A
  • 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.

36
Q

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

A

Under 18
Receive benefits

37
Q

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

A

Yes

38
Q

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

A

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

39
Q

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

A

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

40
Q

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

A

Yes

41
Q

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?

S.20A

A
  • no court is bound by the indication.
  • no sentence may be challenged on the basis of the indication.
  • no court can impose a custodial sentence unless such a sentence was indicated.
42
Q

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

A

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.
43
Q

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

A

D must be sent to Crown Court for plea ASAP

44
Q

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

A

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

SQE 1 (149 decks)

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