First Hearing Before Magistrates, Plea And Bail Flashcards
What is unconditional bail ?
Obligation on defendant to attend court at a future specified date. Failure results in a warrant for arrest.
What is bail with conditions ?
Includes an obligation for a defendant to attend court at a specified future date but with conditions as to their conduct until then
What are the grounds upon which the general right to bail can be refused ?
Grounds for believing defendant will
- fail to surrender to custody
- commit offence whilst on bail
- interference with witness
What are the statutory factors the court must take into account when deciding if there are substantial grounds for refusing bail ?
- nature and seriousness of offence
- character of D
- associations
- antecedents
- community ties
- D record with previous bails
- strength of evidence
In what circumstance can conditions be added to the D’s bail ?
Only if necessary (real and not fanciful risk of D failing to surrender, commence further offence or interfere with witness).
What applications for bail can be made at each hearing ?
- 1st hearing a full application for bail using any arguments as to fact or law may be permitted
- subsequent hearings court need not hear previous fact of law arguments so only applications on a new fact of law.
What is a representation order and what is the test?
It is for legal representation paid for by legal aid - two stage test for applications:
- an interests of justice test (considers the merits of the case)
- means test (considers applicants financial position)
Prosecution are required to serve initial details of the prosecution case (IDPC) which for summery and either way offences includes what?
- a summary of the offence and any account given by the D at interview
- D criminal record
- witness statements and exhibits
- victim impact statement
- medical or other expert evidence
When must IDPC be served on magistrates court ?
By the day of the first hearing
When must IDPC be served on defendant
Before first hearing if requested but failing that on day of first hearing
Is there an obligation to provide IDPC for indictable cases ?
No obligation at or before first hearing
What is the procedure for plea for summery only offences in magistrates court ?
Guilty plea = magistrates sentence immediately or adjourn for pre-sentence reports required
Not guilty plea = magistrates adjourn and set trial date
What is the procedure for plea for indictable offences in magistrates ?
Guilty = court must make arrangements for court to take D plea asap
Not guilty = court must make arrangements for a case management hearing in crown
What is the procedure for either way offence ?
Guilty plea = if magistrates sentencing powers are sufficient D will be sentenced, if not submitted to Crown for sentencing
Not guilty = magistrates will proceed to allocation hearing to determine trial venue
What is an allocation hearing for ?
Deciding whether offence is more suitable for magistrates court or crown court
