Criminal Practice (First Hearing & Bail)

Question 1

What is the format for first hearings?

Answer 1

All adult defendants have their first hearing before a magistrate court, irrespective of offence. The case may proceed differently based on the type of offence.

Question 2

What happens at the first hearing for summary offences?

Answer 2

They can only be dealt with in the Magistrates Court, addressing plea, bail, and representation/legal aid, possibly proceeding to sentence.

Question 3

What happens at the first hearing for either way offences?

Answer 3

They can be dealt with in either court, focusing on plea, bail, and representation/legal aid, potentially proceeding to sentence.

Question 4

What happens at the first hearing for indictable only offences?

Answer 4

They can only be dealt with in the Crown Court. The defendant makes a brief appearance to address bail, legal aid, and indication of plea before being sent to the Crown Court.

Question 5

What are summary offences connected to indictable offences?

Answer 5

If charged with an indictable offence and connected summary offences, it must be sent to the Crown Court for trial.

Question 6

What is the timing for a defendant on bail?

Answer 6

The first hearing must be within 14 days of being charged if a guilty plea is anticipated, and 28 days if a not guilty plea is expected.

Question 7

What is the timing for a defendant detained in police custody?

Answer 7

The hearing must be brought before the next available court.

Question 8

What is the general rule for a defendant’s presence at the first hearing?

Answer 8

The defendant must be present; failure to attend after being bailed can lead to a warrant for arrest.

Question 9

What happens if a defendant does not show up?

Answer 9

The court may proceed without the defendant, except in certain cases like allocation of an either way offence or sending to the Crown Court.

Question 10

What is the duty of the prosecution regarding Initial Details of Prosecution Case (IDPC)?

Answer 10

The prosecution must serve initial details on the court officer as soon as practicable, no later than the beginning of the day of the first hearing.

Question 11

What must the prosecution provide if the defendant requests IDPC details?

Answer 11

The prosecution must serve them as soon as practicable, no later than the day of the first hearing.

Question 12

What is the remedy for failure to comply with IDPC?

Answer 12

Typically, failure to comply won’t lead to dismissal; the court may adjourn the hearing and/or award costs to the defence.

Question 13

What should initial details include?

Answer 13

They must include a summary of the offence, any defendant account in interview, written statements, victim impact statements, and the defendant’s criminal record.

Question 14

What happens at the first hearing for summary only offences?

Answer 14

Each party must assist in case management, establish the plea, and determine required information.

Question 15

What occurs if the defendant pleads guilty for a summary only?

Answer 15

The court will proceed to sentence, often immediately, or it may be adjourned.

Question 16

What happens if the defendant pleads not guilty to summary only offence?

Answer 16

The court sets a trial date and conducts case management, including completing the PET Form.

Question 17

What occurs at the first hearing for either way offences?

Answer 17

The defendant will indicate their plea; if guilty, sentencing follows; if not guilty, the court will allocate the case. The maximum sentence a Magistrate Court can impose for summary only offences is a total 6 months imprisonment.

Question 18

What happens if the court considers the plea before venue for an either-way offence?

Answer 18

The defendant is warned that pleading guilty may lead to sentencing by the court or committal to Crown Court for insufficient powers.

Question 19

What is the sentencing limit of magistrates for either-way offences?

Answer 19

6 month imprisonment in respect of any summary only or single either-way offence.

For two or more either-way offences, the magistrate can impose a maximum sentence of 12 months imprisonment.

If the court decide their powers are insufficient, the defendant will be committed for sentence in the Crown Court.

Question 20

Whta happens if D pleads not guilty for an either-way offence?

Answer 20

The court must commit to crown court if (i) the sentencing powers would be insufficient; or (ii) for a reason of unusual legal, procedural or factual complexity, the case should be committed.

If the Magistrates commit the case, the next appearance is in the Crown Court. The defendant has no right to elect a magistrates court trial.

Question 21

What is the indication of sentence process?

Answer 21

The defendant may ask for a sentence indication, which is not binding unless they change their plea to guilty. If they do, it must be confined to noting whether it would be custodial or non-custodial.

Question 22

What should defendants consider for trial election?

Answer 22

Defendants are asked if they consent to trial in Magistrate’s Court or prefer trial by jury in Crown Court.

Question 23

What are exceptions to election for low value shoplifting?

Answer 23

Low value shoplifting (goods valued at £200 or less) allows the defendant to elect for Crown Court trial despite being an either way offence.

Question 24

What is the election position for criminal damage?

Answer 24

If over £5,000 or caused by arson, can only be tried in the Crown Court.

If £5,000 or less, the offence must be dealt with in the Magistrates.

Question 25

What happens when multiple defendants are jointly charged with a summary only offence?

Answer 25

Those who plead guilty usually have their sentence adjourned until after the trial of those who plead not guilty.

Question 26

What is the procedure when defendants are jointly charged with either-way offences?

Answer 26

If any are sent to Crown Court, all defendants must be sent for trial, each entering their plea individually. If there’s a mixture of pleas, those who plead guilty will be sentenced after the trial of those who plead not guilty.

Question 27

What occurs if defendants are jointly charged with an indictable offence?

Answer 27

All defendants are sent to the Crown Court.

Question 28

What is the right to bail?

Answer 28

The court must presume that a defendant is entitled to bail and it is only if an objection is made out that bail can be refused. The right still applies after conviction when the case is adjourned for reports to assist sentencing.

Question 29

What are the grounds for objecting to bail?

Answer 29

Grounds include believing the defendant would (1) fail to attend; (2) commit further offences, or (3) interfere with justice.

Question 30

What happens if one defendant is charged with both summary only and either-way offences?

Answer 30

The court determines the mode of trial; if the either-way matter is sent to Crown Court, all matters are tried together.

Question 31

What are the stages of refusing bail grounds for indictable offences?

Answer 31

Stage 1: Does a **Big 3 **ground apply?
Stage 2: Yes? Are filter grounds satisifed?
Stage 3: No? Do specialist grounds apply?

Filter: Substantial/No Real Prospect

Question 32

What are the big three grounds (indictable)

These are used to object to bail

Answer 32

(1) Fail to attend a subsequent hearing;

(2) Commit further offences on bail; and/or

(3) Interfere with witnesses or otherwise obstruct the course of justice

If one of these apply, and the offence is inditable, ask filter question

Question 33

Does the substantial grounds filter apply

Only ask if one of the big three apply

Answer 33

(1) Substantial Grounds Filter - necessary to show that the fears of the behaviour happening have merit; and

(2) **No Real Prospect Filter **- bail should not be removed if the defendant is charged with an offence where there are no real prospects of the defendant receiving a custodial sentence.

If neither apply, ask whether any specialist grounds for objection

Question 34

Does an additional ground apply?

These act to refuse bail

Answer 34

(1) Remand in custody would be** for the defendant’s own protection**

(2) The court has** insufficient information to deal with the issue of bail**, so remands in custody for a short period for the production of evidence; or

(3)The defendant is already serving a sentence in custody

A big 3 isn’t necessary - these stand on their own.

Question 35

Does a specialist serious offences ground apply?

Answer 35

(1) Bail can be refused for serious cases with high penalties if….

(a) they have a previous conviction of murder, attempted murder, rape or serious sexual offences = No Bail unless exceptional circumstances

(b) if they are charged with the above, with no previous conviction, no bail unless **no signifiant risk **of D causing an offence likely to injure

A big 3 isn’t necessary - these stand on their own.

Question 36

Does a specialist risk ground apply?

Answer 36

(1) Offence against family/partner: No Bail if substantial grounds for believing D will commit an offence on bail by engaging in conduct to cause mental/physical injury

(2) Abuse of Drugs: No bail if D has class A drugs in their body, and the offence relates to the Class A drugs. Unless no significant risk of bail offence

Question 37

What are the grounds for objecting to bail for** non- imprisonable offences?

Answer 37

(1) D* has been convicted* and
(2) D breaches a condition of that bail, and are arrested under s.7 Bail Act; or
(3) has a conviction for ‘fail to surrender’ in their past

The big 3 grounds don’t apply. However, consider additional/specialist

Question 38

Does a specialist ground for** Bail Infringment** apply?

Answer 38

If D was on bail at the time of the alleged offence and…

(1) D committed an indictable offence = need not grant bail

(2) D committed a summary imprisonable offence = need not grant bail if there are substantial grounds for believing D may commit another offence

(3) D absconds whilst in bail for an indictable offence = bail need not be granted again

Question 39

What are the grounds for objecting to bail for** imprisonable summary only** offences?

Answer 39

(1) D, having been given bail, breaches a condition of that bail, are arrested under s.7 Bail Act; or

(2)** Has a conviction for ‘fail to surrender’** in their past (FTS)

The big 3 grounds don’t apply. However, consider additional/specialist

Question 40

What does the presumption of bail entail?

Answer 40

The court must presume the defendant is entitled to bail unless substantial objections are made.

Question 41

What happens if bail is denied?

Answer 41

The defendant can be remanded in custody or in the community, with the prosecution presenting objections.

Question 42

What factors are considered when objecting to bail?

Answer 42

Factors include the nature of the offence, defendant’s character, bail record, and evidence strength.

Question 43

What are common bail conditions?

Answer 43

Conditions may include residence at a given address, curfew, reporting to police, surety, security, and restrictions on movement.

Question 44

What happens if bail conditions are breached?

Answer 44

The defendant may be arrested, and breaching bail conditions can lead to tightened conditions or remand in custody.

Question 45

What is the procedure for applying for bail?

Answer 45

If denied bail by police, the defendant appears in court where the defence advocates for bail, and reasons must be given for refusal.

Question 46

How many attempts can a defendant on trial in the magistrates crown court make for bail?

Answer 46

One attempt at bail at first hearing and one application in the Crown Court

Question 47

How long are custody time limits?

Answer 47

• Trail in Magistrates Court: 56 Days
• Trial in Crown Court: 182 days (minus) any days spent in custody prior to going to Crown Court

The trial must commence before the custody time limit expires. I

Question 48

What are the onward remand rules?

Answer 48

• First appearance
• First remand must be no more than **8 clear days ** after first apperance
• D must be brought back to court every 28 days after the first appearance for remand onward to trial.

Question 49

What is the plea before venue process?

Answer 49

The court advises the defendant of the maximum sentence, allowing for a decision on whether to plead guilty or not guilty.

Question 50

What happens if a defendant pleads guilty at the plea before venue stage?

Answer 50

The case will proceed to sentencing in the Magistrates Court.

Question 51

What occurs if the defendant chooses a jury trial?

Answer 51

If the defendant opts for a jury trial, the case is transferred to the Crown Court.

Question 52

What must the prosecution disclose to the defence?

Answer 52

The prosecution must disclose all relevant material that might assist the defence.

Question 53

What is a case management hearing?

Answer 53

A hearing where both parties discuss the case’s progression, evidence, and any outstanding issues.

Question 54

How does a trial begin?

Answer 54

A trial begins with opening statements from both the prosecution and the defence.

Question 55

What is the role of the jury in a trial?

Answer 55

The jury listens to the evidence and determines the verdict based on the facts presented.

Question 56

What happens after the trial concludes?

Answer 56

The jury delivers a verdict, and if found guilty, the court proceeds to sentencing.

Question 57

How fast will a Crown Court hear a bail appeal?

Answer 57

No later than one business day after the appropriate notice is served (within 48 hours) excluding weekends.

Question 58

What is the sentencing process?

Answer 58

The judge considers various factors, including the severity of the crime, victim impact statements, and previous convictions.

Question 59

What is the maximum weighted annual income threshold for legal aid in the magistrates’ court?

Answer 59

£22,325

Question 60

When considering the merits of a legal aid representation order, what factors may lead to it being granted?

The interests of justice test

Answer 60

• Loss of liberty
• Risk of loss of livelihood and reputation.
• A substantial question of law may be involved.
• D may not understand the court proceedings or present their own case.
• D may need witnesses to be traced or interviewed on their behalf.
• The proceedings involve expert cross-examination

Question 61

When can a defendant use the free court duty solicitor?

Answer 61

Representation at court by a duty solicitor is free and not subject to a means or merits test.

Defendants need not be in custody as long as they have been charged in connection with an imprisonable offence

A duty solicitor may not represent someone in connection with a trial or for more than one hearing. However, representation at the first hearing is permitted.

Question 62

Will a minor (below 18) be subject to the means test for legal aid?

Answer 62

No. Some applicants are ‘passported’ and automatically satisfy the means test.

‘Passported’ applicants include those under 18, so there will be no assessment of income.

Question 63

Is breaching a bail condition an offence? What can the court do?

Answer 63

Where a defendant fails to comply with one of their bail conditions, the police have the power to arrest them and bring them before the court.

Breaching a bail condition is not a criminal offence and so does not attract a separate charge. W

Where the breach is proved or admitted, the court will reconsider bail and may remand the defendant in custody or impose further, more onerous, conditions.

Question 64

If the defendant fails to surrender when they are due in court, but they were in hospital, what happens/

Answer 64

The defendant will have a defence to the offence of failing to surrender to custody, if she can prove that she had a reasonable cause by being in hospital.

The burden is on the defence to raise and prove the defence