Criminal Practice Procedures Flashcards

Question

Q: What are the case management procedures in the Magistrates’ Court, for summary only offences?

Answer 1

1. First Hearing – Guilty Plea: Proceed straight to sentencing. 2. First Hearing – Not Guilty Plea: * Trial date is set. * Trial Preparation Form must be completed. * A Pre-Trial Hearing (PTH) is usually conducted at this stage unless further directions are needed. 3. Pre-Trial Hearing (PTH): * A case management hearing used to resolve any outstanding issues before trial. * The court may deal with legal arguments (e.g. admissibility of evidence), confirm that both prosecution and defence are ready, ensure disclosure obligations have been met, and give further directions (e.g. witness availability, estimated trial length) to ensure the case proceeds efficiently. 4. Disclosure: The CPS must serve initial disclosure under the Criminal Procedure and Investigations Act 1996 (CPIA). This includes: * All material they intend to rely on at trial (e.g. witness statements, exhibits). * Any unused material that might undermine the prosecution case or assist the defence. * The defence may then provide a defence statement (if they wish). For summary only offences the defence are able to contest the prosecution evidence or raise specific issues (alibi, self defence, identification) WITHOUT serving a defence statement but this is NOT the case in the crown court. 5. Case Management: * The court will give directions to ensure a fair and efficient trial (e.g. timetabling, disclosure deadlines, witness attendance). * Standard direction: The trial should be listed to take place within 8 weeks of the first hearing, unless there’s good reason otherwise.

Answer 2

1. First hearing – Guilty plea → Sentencing hearing is listed in either the Magistrates’ or Crown Court, depending on sentencing powers. 2. First hearing – Not guilty plea → If Magistrates accept jurisdiction, a pre-trial review is held and trial date is set. 3. After pre-trial review, the CPS must serve full disclosure of unused material.

Answer 3

1. First hearing (in Magistrates’ or Crown Court): * If guilty plea, a sentencing hearing is listed in Magistrates’ or Crown Court depending on sentencing powers. * If not guilty plea, the case proceeds to trial and is transferred to the Crown Court if appropriate. 2. If proceeding in Crown Court: * A Plea and Trial Preparation Hearing (PTPH) is listed within 20 working days of sending. 3. At the PTPH: * The defendant is arraigned (charges are read out and pleas entered). * A trial date is fixed or the case is placed on a warned list (awaiting a suitable trial slot). 4. Disclosure duties: * The CPS must give full disclosure of unused material. * The defendant must serve a defence statement within 20 working days of receiving full disclosure. * An optional Preliminary Hearing may be held before PTPH if: 5. The case is complex, * There are serious case management issues, or * The trial is expected to last over 4 weeks.

Answer 4

1. CPS must serve Initial Disclosure (IDPC) before the first hearing in the magistate's court – material they rely on. 2. If D pleads not guilty, prosecution must disclose unused material that may: * Undermine their case, or * Assist the defence. 3. This duty is ongoing throughout the case. 4. CPS may withhold material only in rare cases (e.g. national security, child protection) with court approval. 5. Defence must serve a defence statement (Crown Court only) within 20 working days of full disclosure. 6. Specific disclosure can be requested only after a defence statement is filed.

Answer 5

1. The judge must assess the quality of the identification (Turnbull [1977]). 2. Factors include: * Distance, lighting, weather, * How long the witness saw the suspect, * Whether they saw the face clearly. - If ID evidence is good quality → Judge gives a Turnbull warning to jury. - If ID is poor quality but supported by other evidence → Turnbull warning still required. - If ID is poor and unsupported → Judge must withdraw the case from the jury and direct acquittal.

Answer 6

A Turnbull warning is a judicial direction to the jury when a case involves disputed visual identification evidence, aimed at guarding against mistaken ID. The judge must: * Warn the jury of the special need for caution. * Explain that mistaken witnesses can be convincing. * Highlight the circumstances of the identification (e.g. lighting, distance, time observed). * Remind the jury to examine any weaknesses in the identification. * Advise them to consider any supporting evidence. Failure to give a proper Turnbull warning may render a conviction unsafe on appeal.

Answer 7

1. Prosecution opening speech – * Summarises the case and reminds the court of the standard of proof (beyond reasonable doubt). 2. Prosecution case – * Witnesses are sworn in (starting with the victim, if applicable). * Each is subject to examination-in-chief, cross-examination, and re-examination. * Voir dire (trial within a trial) may be held if admissibility of evidence is disputed. 3. Submission of no case to answer – * Defence may apply if they argue the prosecution has not made out a prima facie case. * Magistrates apply the Galbraith test: Would a reasonable tribunal, properly directed, convict on the prosecution’s evidence? If not, case is dismissed. 4. Defence case – * If proceeding, the defendant may give evidence first, followed by any defence witnesses. 5. Closing speeches – * Usually prosecution first, then defence. * If ID evidence is in issue, the defence may refer to the Turnbull guidance. 6. Verdict – * Magistrates retire to deliberate and return a verdict. * If guilty, they proceed to sentence; if not guilty, the defendant is discharged.

Answer 8

1. Jury selection – * 12 jurors sworn in. * Must be 18–75, on the electoral roll, and have lived in the UK for at least 5 years since age 13. 2. Prosecution opening speech – * Summarises the case and the standard of proof. 3. Prosecution case – * Witnesses are examined. * A voir dire (trial within a trial) may be held separately to determine admissibility of disputed evidence. 4. Submission of no case to answer – * Defence may apply at the close of the prosecution case. * The Galbraith test is applied: would a jury, properly directed, convict on the prosecution’s evidence? 5. Defence case – * Defendant may give evidence and call witnesses. 6. Closing speeches – * Prosecution goes first, followed by defence. 7. Judge’s summing-up – * Reviews burden and standard of proof, legal definitions (e.g. Turnbull for ID, adverse inference from silence), and the evidence. 8. Jury retires to deliberate – * Must aim for a unanimous verdict for the first 2 hours and 10 minutes. * After that, majority verdicts are permitted: 12 jurors: 11:1 or 10:2. 10 jurors: 9:1 9. Verdict delivered in open court.

Answer 9

* The defendant (D) may appeal against conviction and/or sentence to the Crown Court. * Notice of appeal must be filed within 15 business days of sentence. * No leave is needed for D to appeal. Grounds for appeal include: * Magistrates made an error of law or fact, or * The sentence was manifestly excessive. What happens if the appeal is granted? The Crown Court will hold a rehearing: * If appealing conviction → trial is reheard with a Crown Court judge and two magistrates. * If appealing sentence → Crown Court may increase, reduce, or uphold the sentence.

Answer 10

The Crown Court can: 1. Confirm the magistrates’ decision. 2. Reverse the decision (overturn the decision of the lower court). 3. Vary the decision. 4. Increase the sentence if it takes a more serious view of the case, up to the maximum sentence the magistrates’ court could have imposed.

Answer 11

* This is an appeal from the Magistrates’ Court to the High Court (King’s Bench Division). * Must be lodged within 21 days of the decision. Grounds: 1. A mistake in law, or 2. An incorrect interpretation or application of the law, or 3. That the court exceeded its jurisdiction. Procedure: * No new evidence or witnesses allowed. * The magistrates "state a case" – a written document explaining the facts and legal question(s) for the High Court to decide. The High Court may: * Affirm the decision, * reverse the decsiion, * Remit the case back with legal directions (but the high court CANNOT increase sentence) Note: * It is a route available to both prosecution and defence. * It focuses on points of law only – not factual disputes.

Answer 12

Appeals go to the Court of Appeal (Criminal Division) and may be against: 1. Conviction – if it is unsafe, or 2. Sentence – if it is manifestly excessive or wrong in law. **Grounds for Appeal:** Unsafe conviction (e.g.): * Serious procedural irregularity * Jury misdirection * No Turnbull warning for visual ID Fresh evidence (under s.23 Criminal Appeal Act 1968): * Must be capable of belief * Admissible at trial * Likely to affect the verdict * Good reason for not producing it earlier **Permission to Appeal:** Must obtain either: * A certificate from the trial judge stating the case is fit for appeal, or * Leave to appeal from the Court of Appeal itself

Answer 13

1. Confirm the conviction or sentence. 2. Quash the conviction. 3. Vary the conviction (e.g. substitute a lesser offence). 4. Alter the sentence (reduce or vary it), but cannot increase it. 5. Make a loss of time direction – if the appeal is wholly without merit, the court can order that time spent in custody awaiting the appeal will not count toward the sentence.

Answer 14

1. Apply Using Form CRM14 * Submit Form CRM14 online or via the defendant’s solicitor. * Must pass both the Interests of Justice Test and the Means Test. * Attach supporting documents: * **ID and National Insurance number** * **Financial details** (if not automatically passported) * **Basic case details** (charges, plea, venue). 2. Interests of Justice Test (IoJ) Must show legal aid is necessary to ensure a fair trial (Access to Justice Act 1999, Sch 3 para 5(2)). Grounds may include: **Risk to liberty, livelihood, or reputation** * Likelihood of custody, job loss, or reputational harm **Complex legal issues** * Hearsay, confessions, Turnbull ID, bad character, etc. **Defendant’s capacity** * Age, disability, mental health, language barriers **Need for tracing or interviewing witnesses** **Need to cross-examine prosecution witnesses** **Representation required in another’s interest** * E.g. protecting vulnerable witnesses **Other relevant reasons** * Complex sentencing, not guilty plea, etc. 3. Means Test * Assesses whether the defendant can afford private legal representation. **Automatic qualification if:** * Under 18 * Receiving passporting benefits (e.g. Universal Credit, Income Support, ESA). **If not automatically eligible:** Submit Form CRM15 Provide financial evidence such as: * Payslips, bank statements * Rent or mortgage details * Childcare or maintenance payments * Tax and National Insurance information * Other allowable deductions (e.g. living expenses) 4. If Means Test is Failed: Apply for Hardship Review * Submit Form CRM16 (Application for Review on Grounds of Hardship) **Must show:** * The defendant genuinely cannot afford private legal costs * Estimated legal costs are disproportionate to income **Attach:** * Defence cost estimates * Full income and expenditure details * Explanation of financial hardship 5. If Interests of Justice Test is Failed: Appeal Options * Add further details to Form CRM14 (e.g. expand on complexity, risk, or vulnerabilities) * Or request a formal appeal to challenge the IoJ refusal

Answer 15

1. Interests of Justice Test – Assesses the seriousness and complexity of the case. 2. Means Test – Assesses financial eligibility: ✔ Automatic pass if under 18 or on certain benefits (e.g. Universal Credit, Income Support). ✖ If not, CRM15 is required. * Gross monthly income limit: £2,657 (add £222 per child over 4 children) * Disposable income limit: £733 * Capital limit: £8,000 💡 If failed, apply for hardship review using CRM16.

Answer 16

* Risk of custody, job loss, or reputational damage * Complex legal issues (e.g. hearsay, bad character, confessions) * Limited capacity (e.g. language barrier, disability, age) * Need to trace/interview witnesses or cross-examine prosecution * Need to protect vulnerable witnesses * Any other serious reason, e.g. not guilty plea or complex community sentence

Answer 17

Covers all solicitor work for: ✔ Summary-only and either-way offences in Magistrates’ Court ✔ Appeals to the Crown Court from those cases ✔ Crown Court trials (if the case is committed or elected) ✔ Indictable-only offences (preliminary + full trial) * If refused at Magistrates’ level but case goes to Crown Court, fresh means test applies there * Legal Aid Agency (LAA) pays solicitor at case end under the order