Criminal Litigation - First Hearing (5) Flashcards
What happens at the first hearing?
First Hearing: Following charge, all adult defendants appear before the Magistrates’ Court for a ‘first hearing’.
(1) Plea: Defendants will be asked to offer a plea, unless the offence is indictable-only.
(2) Bail: Unless sentencing immediately, the court will have to decide on bail or remand.
What happens at the first hearing if the offence is summary only?
Summary-Only: Defendants will be asked to offer a plea.
(1) Guilty Plea: Court will hear prosecution facts, a plea in mitigation, and sentence immediately or pending a preliminary sentencing report. If prosecution facts are disputed, a Newton Hearing may be held (see sentencing).
(2) Not Guilty/Silence: Court will fix a trial date and issue case management directions.
What happens at the first hearing if the offence is either way only?
Either-Way: Defendants will typically be asked to offer a plea (some offences are automatically allocated to CC).
(1) Guilty: Court will decide whether to remit the sentence to CC or sentence itself (see venue and allocation).
(2) Not Guilty: Court will decide whether to remit the trial to CC or retain itself (see venue and allocation).
What happens at the first hearing if the offence is indictable only?
Indictable-Only: Defendants will not offer a plea, and are immediately remitted to CC (s51 CDA).
What are the guidelines used at the first hearing?
Guidelines: First hearings are guided by ‘Criminal Justice: Simple, Speedy, Summary’.
(1) Plea: It is presumed a defendant will enter a plea for a non-indictment-only offence.
(2) Prosecution Evidence: The CPS should provide information sufficient to make the hearing effective.
(3) Expedition: The guidelines highlight the ‘need for expedition’ in the interests of justice.
What is the role of defence solicitor at the first hearing?
Role of Solicitor: The defence solicitor has a number of roles at first hearing.
(1) Legal Aid: They may be required to obtain legal aid funding for the client (see legal aid).
(2) IDPC: They may be required to obtain IDPC from the prosecution (see disclosure).
(3) Statement: They will need to take the client’s statement, and advise them on the strength of the evidence.
(4) Bail: They may be required to apply for bail (see bail).
