CLP WK 3 Flashcards
Where can a suspect access free legal advice?
Police station.
What is the name of the organization that handles requests for legal advice at police stations?
Defence Solicitor Call Centre (DSCC).
Is legal advice at a police station restricted to certain types of offences?
Yes, limited to telephone advice for non-imprisonable offences.
Who is eligible to provide legal advice at police stations?
Solicitors or accredited representatives (e.g., trainees, paralegals).
How can defendants obtain funding for legal representation at court?
By applying for public funding through the Legal Aid Agency (LAA).
What is a representation order?
A document that confirms eligibility for public funding to cover defence costs.
What are the two tests that determine eligibility for public funding?
Means test and merits test (interests of justice test).
Name two categories of defendants who automatically pass the means test.
Defendants under 18 years old and defendants receiving specific welfare benefits.
What is the income threshold for automatic eligibility in the Magistrates’ Court means test?
£12,475 or less.
At what income level is a defendant automatically ineligible for funding in the Magistrates’ Court means test?
£22,325 or more.
What happens if a defendant’s income falls between £12,475 and £22,325 in the Magistrates’ Court means test?
A full means test is conducted.
What is the disposable income threshold for eligibility in the Magistrates’ Court means test?
£3,398 or less.
What additional factor is assessed in the Crown Court means test?
Capital, including property equity.
What is the annual household disposable income threshold for ineligibility in the Crown Court means test?
£37,500 or more.
Which form do defendants complete to demonstrate it’s in the interests of justice to receive legal representation?
CRM14 form.
Name two scenarios where a defendant automatically passes the merits test.
Charged with an indictable-only offence or an either-way offence sent to the Crown Court.
Give three examples of propositions from the CRM14 form that support the interests of justice test.
Risk of losing liberty, previous suspended sentence, or potential loss of livelihood.
Can a defendant appeal if they fail the means test?
No right of appeal, but they can re-submit if circumstances change.
How can a defendant appeal a failed merits test in the Magistrates’ Court?
Through the Legal Aid Agency’s online portal.
Who can provide legal representation at the first court hearing for defendants charged with imprisonable offences?
Duty solicitor.
What are the alternatives for defendants who don’t qualify for public funding?
Instruct a solicitor privately or represent themselves.
Where do all adult defendants make their first court appearance?
Magistrates’ court.
What is the time limit for a first hearing for bailed defendants expecting a guilty plea in the magistrates’ court?
14 days.
What is the time limit for a first hearing for bailed defendants expecting a not guilty plea or Crown Court trial?
28 days.
What is the time limit for the first court appearance for a defendant held in custody?
Must be brought before the next available court after being charged.
What happens if a defendant fails to attend their first hearing?
A warrant for arrest may be issued.
Under what legislation are initial details of the prosecution case required before the first hearing?
Criminal Procedure Rules, Part 8.
Name three items typically included in the initial details of the prosecution case.
Offence summary, defendant’s account from interviews, and available written statements.
Under what circumstances can a summary-only offence be sent to the Crown Court?
If it is linked to an indictable offence.
Which legislation lists the summary offences that can be tried in the Crown Court alongside related indictable offences?
Section 40 of the Criminal Justice Act 1988.
What are the key processes addressed during the first hearing for either-way offences?
Plea, allocation, and bail.
What is the ‘plea before venue’ process?
The defendant is asked to indicate their plea (guilty or not guilty) before the court decides on the venue for trial.
If a defendant pleads guilty, and the offence is too serious for the magistrates’ court to sentence, what happens?
The case is committed to the Crown Court for sentencing.
What happens if a defendant pleads not guilty to an either-way offence?
The court considers allocation, determining whether to retain jurisdiction for trial in the magistrates’ court or send the case to the Crown Court.
If a defendant pleads guilty, what might the court offer if requested?
An indication of sentence (custodial or non-custodial).
If the magistrates’ court accepts jurisdiction for an either-way offence, what choices does the defendant have?
Consent to a summary trial in the magistrates’ court or elect for a jury trial in the Crown Court.
What is the threshold for treating low-value shoplifting as a summary offence?
£200 or less.
What is the value threshold for criminal damage to be considered a summary-only offence?
£5,000 or below.
Which types of either-way offences are automatically sent to the Crown Court due to their complexity?
Complex fraud and cases involving child witnesses.
What might the court do following a guilty plea for an either-way offence?
Adjourn for a pre-sentence report or sentence immediately.
What factors does the court consider when deciding whether to retain jurisdiction for an either-way offence?
Sentencing powers and procedural complexity.
Where in the legislation is the general right to bail outlined?
Section 4 of the Bail Act 1976.
Which schedule of the Bail Act 1976 contains detailed rules about bail?
Schedule 1.
What is the term for a court order requiring a defendant to return to court on a specified date, either in custody or on bail?
Remand.
What does it mean for a defendant to be ‘remanded in custody’?
The defendant is held in custody until their next court appearance.
What must the prosecution do to have a defendant remanded in custody?
They must object to bail.
In most cases, what are the “big three” grounds for objecting to bail for indictable offences?
Failing to attend a subsequent hearing, committing further offences while on bail, interfering with witnesses or obstructing the course of justice.
What is the term for a person who pledges money to the court to ensure the defendant’s return?
Surety.
What is the difference between security and surety?
Security can be provided by the defendant, while surety cannot.
Which Article of the European Convention on Human Rights allows for the imposition of bail conditions?
Article 5(3)
