Disclosure and Mags Procedure Flashcards
2 things in initial details where D in police custody immediately before first Mags hearing
1) summary of circumstances of offence
2) D’s criminal record
5 things in initial details where D on bail immediately before first Mags hearing
1) summary of circumstances of offence
2) D’s criminal record
3) Summary of D’s account in interview
4) Witness statements material to plea, venue or sentence
5) Statement on impact to victim’s family
When initial details should be sent to D (a) if requested; (b) if not requested
(a) as soon as practicable; AND not later than beginning of hearing day 1
(b) not later than beginning of hearing day 1
When initial details should be sent to court
Always as soon as practicable, and not later than beginning of hearing day 1
Two categories of material that must be disclosed by prosecution
(1) material on which they rely
(2) material which might reasonably be considered capable of (a) undermining P’s case or (b) assisting D’s case
2 conditions before D can make application for disclosure
1) they have served a defence statement
2) P has complied, purported to comply, or failed to comply with their disclosure obligations
Deadline for D to serve voluntary defence statement in magistrates’ court
14 days after P’s purported compliance with disclosure
Deadline for D to serve mandatory defence statement in crown court
28 days after P’s purported compliance with disclosure
3 possible consequences of disclosure failures by defence
1) court can comment
2) other parties can comment
3) jury can draw appropriate inferences (but cannot convict solely on the basis of this)
3 conditions before mags can proceed with plea before venue in absence of the accused
1) D is legally represented
2) it is not practicable for D to be in attendance because of their disorderly conduct
3) the court considers it should proceed in D’s absence
3 conditions before mags can proceed with allocation/mode of trial in absence of the accused
1) D is legally represented AND they signify D’s consent to proceeding in absence
2) it is not practicable for D to be in attendance because of their disorderly conduct
3) the court considers there is a good reason to proceed in D’s absence
3 things the court must do at a preparation for trial hearing
1) be satisfied D understands credit for guilty plea
2) take D’s plea
3) if pleading NG, be satisfied that D understands:
(A) right to give evidence
(B) will take place in their absence
(C) non-attendance if released on bail is criminal offence
When criminal damage is (A) summary only vs (B) either-way
(A) up to £5,000 - summary
(B) above £5,000 - either-way
When theft is (a) summary but triable in the CC vs (B) either-way
(A) up to £200 - summary but triable in CC
(B) above £200 - either-way
When the magistrates can proceed to sentence immediately in the absence of the defendant
1) D attends preliminary hearing via live link
2) D pleads guilty
3) it is not contrary to the interests of justice
