First Hearing before the Magistrates Court and Allocation Flashcards
what are the 3 ways that proceedings can be started against D?
- charge by the police / CPS = either after police bail or detained pending the hearing (if latter, hearing must be held 24 hours after)
- by summons = prosecutor serves information on magistrates alleging offence, then court issues a summons or arrest warrant by post ‘laying information’ to bring criminal proceedings
- after a written requisition = written charge and requisition containing the alleged offence and a requirement to attend court - CPS serves this on D and on magistrates
what is the time limit to charge the accused?
- summary only offence = magistrates cannot try unless charge was made within 6 months of the offence
- indictable offence = no time limit
when does the first hearing take place?
- if D was detained in police custody following charge = the next available court date - 24 hours
- prosecution anticipates guilty plea = within 14 days of being charged
- prosecution anticipates not guilty plea = within 28 days of being charged
should D be present at the first hearing?
- D MUST BE PRESENT AT FIRST HEARING (video link is allowed)
if D does not attend:
- summary only offence = the court will consider if it can proceed with the hearing anyway
- indictable offence = court CANNOT proceed without D
- If D was on police bail and does not attend court = court can issue a warrant for D arrest and if D does not surrender, this is an offence
- if D was summoned to court (for non-imprisonable offences typically) = D does not commit an offence for not appearing and first hearing can proceed and D can be convicted in abstentia
what are the Initial details of prosecution case (IDPC), when must they be available, what do they contain?
- P must supply the court officer and D (if D requests) with IDPC as soon as possible and no later than the beginning of the day of the first hearing (before the first hearing)
- if prosecution does not give initial details = NOT a ground to dismiss the charge or apply for abuse of process - the court will adjourn the first haring and/or award costs to D
- contents = info must be sufficient to allow the court to take an informed view on plea and venue for trial, and to give directions if a not guilty plea is anticipated
if a not guilty plea is anticipated, what document must be completed before the first hearing
WHERE THERE IS TO BE TRIAL IN MC:
P and D must both complete the Preparation for Effective Trail (PET form) based on the information supplied in P’s IDPC if a not guilty plea is anticipated to help the court in case management
what are the contents of the IDPC?
WHERE D WAS NOT IN POLICE CUSTODY IMMEDIATELY BEFORE THE HEARING
- summary of circumstances of the offence
- any account given by D in an interview
- any written statements and exhibits that are available and material to the plea/mode of trial/sentence
- victim impact statements
- D’s criminal record
WHERE D WAS IN CUSTODY IMMEDIATELY BEFORE THE HEARING = only:
- summary of circumstances of the offence
- D’s criminal record
what happens at first hearing for summary only offences?
1) D enters plea:
- guilty plea (must be unequivocal) = proceed to sentencing
- not guilty plea = court issues direction for trial at a later date, conducts pre-trial hearing, PET form
2) bail considerations
3) representation order and legal aid
4) sentencing if D pleads guilty
if D is charged with an indictable offence and a connected summary only offence, what happens at the first hearing?
the related summary matter MUST be sent to CC for TRIAL on indictment if the summary offence is:
- common assault
- criminal damage
- Taking a vehicle without authority or driving a vehicle whole disqualified
if the related summary offence is not the above but is imprisonable =
- the summary matter must be sent to the crown court for PLEA only
- when the trial on indictment for the indictable offence is over, D will be asked to enter a plea for the summary only offence
- if D pleads guilty, CC can deal with the offence with Magistrates powers
- if D pleads not guilty, CC cannot deal with the offence and remits the issue to the magistrates court
if D is charged with an indictable only offence and an either way offence which arise from the same facts, what happens at the first hearing?
S50A Crime and Disorder Act 1998
- Magistrates will send both cases to the Crown Court for trial where the 2 offences are linked
- D CANNOT plead in MC but can indicate his plea
- no plea before venue or allocation will happen at MC
- if D indicates it will plead guilty = MC will request the preparation of a pre-sentence report for use in CC
what happens at first hearing if D is charged with an indictable only offence? (4)
- bail consideration
- legal aid and representation order
- D makes an INDICATION of plea (to get max reduction in sentence) but no plea is actually taken
- case is then sent to Crown Court for Trial
what happens at first hearing if D is charged with an either way offence? (5)
- plea before venue
- bail consideration
- representation order and legal aid
- sentencing if D indicates guilty plea or adjourn for sentencing for the pre-sentencing report or commit to CC for sentencing
- allocation (if D pleads not guilty)
what happens at the plea before venue if D is charged with an either way offence?
- magistrates asks D to indicate whether they will be pleading guilty or not guilty
- before indicating the plea, D must be warned that if D pleads guilty, they can be sentenced by the Magistrates or committed to the Crown court for sentencing
what are D’s options at a plea before venue if D is charged with an either way offence?
- indicate guilty plea (must be unequivocal) = sentencing takes place
- indicate not guilty plea = allocation takes place
- not indicate a plea at all = court proceeds as if D indicated not guilty so allocation takes place
what happens after D indicates a guilty plea at a plea before venue when charged with an either way offence?
MC will consider if its sentencing powers are sufficient to sentence D
- if yes = MC can sentence D at the first hearing OR adjourn for sentencing after the pre-sentence report is prepared
- if no = MC can commit D for sentence to the Crown Court