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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

When 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

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19
Q

What classification is GBH

A

Either way

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20
Q

What classification is Malicious wounding / causing GBH?

A

Indictable only

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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)

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22
Q

What classification is robbery?

A

Indictable only

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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

45
Q

What are the exclusions to the right to bail?
(Where the right to bail does not exist)

A

To those appealing their conviction or sentence
To defendants being committed for sentence from the Magistrates’ Court to the Crown Court
In homicide or rape cases if there is a previous conviction
In murder cases unless there is “no significant risk” the defendant will commit an offence.

46
Q

What happens if the court cannot conclude the case in one hearing?

A

The case will have to be adjourned.

47
Q

What is remand?

A

When a defendant is sent away and told to come back another day. The remand may either be served in custody or in the community on bail.

48
Q

Who applies for a defendant to be remanded into custody?

A

The prosecution applies for the defendant to be remanded into custody

49
Q

What is the presumption in favor of when it comes to bail?

A

There is a presumption in favor of granting bail, and objections must be properly made by the protection to refuse it.

50
Q

Who applies for bail after a prosecution objection has been raised?

A

The defence applies for bail after a prosecution objection is raised.

51
Q

In murder cases, who can grant bail and within what time period?

A

Only a Crown Court judge can grant bail in murder cases and must do so within 48 hours, beginning the day after the defendant appears or is brought before the Magistrates’ Court.

52
Q

What are the grounds for objection to bail in indictable offences?

A

Substantial grounds for believing the defendant would:

Fail to attend a subsequent hearing (failure to surrender to custody)
Commit further offences on bail
Interfere with witnesses or obstruct the course of justice

53
Q

What constitutes ‘substantial grounds’ for objections to bail?

A

The fears of the defendant’s behavior must have substance and merit. The enquiry is factual in nature.

54
Q

When should bail not be removed under these grounds for indictable offences?

A

Bail should not be removed if the defendant is charged with an offence where there are ‘no real prospects’ of receiving a custodial sentence.

55
Q

What is the general rule for objections to bail in summary offences?

A

Objections are only available if the defendant breaches a condition of bail or has a past conviction for ‘failure to surrender.’

56
Q

What are some other common grounds for objecting to bail? (Summary offenses)

A

The defendant’s own protection
Insufficient information to make a bail decision, leading to a short remand in custody
The defendant is already serving a sentence in custody

57
Q
A

SQE 1 (150 decks)

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