First hearing before magistrates' court Flashcards
What are the 3 different classifications of offences?
Indictment-only: magistrate immediately sends case to Crown Court
Summary: generally dealt with only by magistrates’ court
Either-way: if defendant indicates not guilty, magistrates decide whether to keep or send to CC (if decide to keep, D has right to elect trial in CC or consent to summary trial)
What kind of offence is low-value shoplifting?
‘Low-value’: total aggregate value of allegations does not exceed £200
Will be summary-only unless defendant elects not guilty plea
What kind of offence is criminal damage?
Either-way
but if property is less than £5,000 & not caused by fire, treated as summary-only
What classification of offence is arson?
Either-way
(Aggravated arson is indictable)
What classification of offence is burglary?
Either-way
(Aggravated burglary is indictable)
What classification of offence is dangerous driving?
Either-way
(most other road traffic offences, incl taking a vehicle without consent, are summary-only)
What kind of classification of offence is theft?
Either-way (unless low value shoplifting)
Nb. Robbery is indictable
What kind of classification of offence are the OAPA offences?
Assault: summary
Battery: summary
Assault occasioning ABH: either-way
Wounding/Inflicting GBH: either-way
Wounding/causing GBH with intent: indictable
Nb. all murder & manslaughter are indictable only
What are the 2 tests that must be satisfied for criminal legal aid?
- Interests of Justice Test
-Losing liberty / livelihood / serious damage to reputation
-Substantial q of law
-Unable to understand proceedings or state own case
-Proceedings involve tracing, interviewing, expert cross-e of witnesses
-In interests of another person
Can appeal (by adding more info to CRM14 or requesting appeal)
- Means Test
Automatically satisfied if in receipt of welfare benefits or under 18
If not, must complete CRM15 with financial information
Cannot appeal
What is the scope of a representation order?
Summary or either-way in mags
Covers all work in mags (may be extended to cover appeal in Crown Court)
Either-way in CC
Automatically extended to cover all work
Nb. If D failed mags mean test & case subsequently committed to CC, funding only starts day after sending hearing & only covers work done in CC
Indictment only
Covers all work in both mags & CC
If a defendant fails the magistrates’ court means test for an either-way means test & the case is subsequently committed to the Crown Court, when will the funding start?
The day after sending hearing
(Only covers work done in the Crown Court)
What happens at the first hearing in the magistrates for summary-only offences?
Defendant expected to enter a plea
- If plead guilty: sentenced (either straight away or adjourned for reports)
- If plead guilty but dispute specific factual allegations: case adjourned for Newton hearing
- If plead not-guilty: case adjourned for trial to take place
What happens at the first hearing in the mags for either-way offences?
If defendant enters guilty plea: mags determine whether they sentence or send to CC for sentencing
If defendant enters not guilty plea: plea before venue & allocation
What happens at the first hearing for indictable-only offences?
Case immediately sent to CC (for trial or sentencing)
What are 6 roles of the defence solicitor at the first hearing?
I. Obtain legal aid funding if necessary
II. Obtain details of prosecution case from CPS (summary & either-way)
III. Take statement from client
IV. Advise client on strength of evidence & plea client should enter (summary & either-way)
V. For either-way where indicating not guilty plea, informing client their case may be dealt with by mags or by CC
VI. Applying for bail where necessary
