First Hearing before Magistrates

Question 1

What are the three classifications of criminal offenses?

Answer 1

○ Offenses triable only on indictment
○ Offenses triable either way
○ Offenses triable only summarily

Question 2

Give three examples of offenses triable only on indictment.

Answer 2

○ Murder
○ Manslaughter
○ Rape

Question 3

Give three examples of either-way offenses.

Answer 3

○ Theft
○ Fraud
○ Assault occasioning actual bodily harm

Question 4

What are the two tests for a defendant to be eligible for legal aid?

Answer 4

○ The interests of justice test
○ The means test

Question 5

Give three factors that are taken into account in the interests of justice test.

Answer 5

○ Whether the individual would lose their liberty or livelihood or suffer serious damage to their reputation.
○ Whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law.
○ Whether the individual may be unable to understand the proceedings or state their case

Question 6

What kinds of defendants will automatically receive criminal legal aid without a means test?

Answer 6

○ Applicants receiving certain income support payments, such as universal credit
○ Applicants under 18

Question 7

What is a representation order?

Answer 7

An order granted by the Magistrate’s Court that covers the defendant’s legal costs if they satisfy the means and interests of justice test.

Question 8

What is a Newton Hearing?

Answer 8

A hearing where the court determines the factual basis on which the defendant will be sentenced.
The hearing is conducted like a mini trial, with both parties calling witnesses and presenting evidence. The judge, sitting without a jury, then makes a decision on the disputed facts.

Question 9

What is the plea before venue and allocation procedure?

Answer 9

This occurs when a defendant enters a not-guilty plea for an either-way offense. The magistrates decide if the trial will stay with them or be allocated to the Crown Court.

Question 10

What happens to an adult defendant charged with an offense triable only on indictment?

Answer 10

They are sent straight to the Crown Court after a preliminary hearing at the Magistrate’s Court.

Question 11

What are three things that the defense solicitor will do at the first hearing?

Answer 11

○ Obtain funding
○ Obtain details of the prosecution case
○ Advise the client on the strength of the prosecution case and plea they should enter