First hearing - either way Flashcards
What is the plea before venue?
The defendant is asked to indicate their plea in the MC when the offence is triable either-way.
What must a guilty plea be?
Unequivocal.
What happens if a defendant indicates a guilty plea?
The court will treat that as a formal plea of guilty and proceed to sentence.
What is the maximum sentence a magistrates’ court can impose for a summary only offence?
6 months imprisonment.
What is the maximum sentence for an either-way offence in the magistrates’ court?
12 months imprisonment.
What options does a magistrates’ court have if it determines its sentencing powers are sufficient?
- Sentence may be passed immediately or
- Adjourn for a pre-sentence report (PSR)
The court should make it clear that all sentencing options (including committal to the CC) are still open
What happens if the magistrates’ court decides its powers are insufficient?
The defendant will be committed for sentence to the Crown Court.
When should a magistrates’ court order a PSR?
- There is a realistic alternative to a custodial sentence
- The defendant may be a dangerous offender
- There is some other appropriate reason
What occurs if a defendant indicates a not guilty plea?
The court considers where the trial will be held, leading to an allocation hearing.
What must the court consider during the allocation hearing for either-way offences?
The general guidelines are that either way offences should be tried summarily unless:
* Sentencing powers are insufficient after taking into account personal mitigation and any reduction for a guilty plea
* Legal, procedural, or factual complexity
What does the prosecution do at the allocation hearing?
- Opens with the facts
- Outlines the defendant’s offending history
- Makes submissions on where the trial should be held - include nature and seriousness of the offence (aggravating/mitigating factors)
What can the defence do during the allocation hearing?
- Make submissions as to venue
- Agree or disagree with prosecution’s submissions
What does the court consider when deciding whether to accept jurisdiction or commit to the Crown Court?
- Adequacy of Magistrates’ Court’s sentencing powers
- Representations by parties
- Allocation guideline
What happens if the court allocates the case to the Crown Court?
The defendant has no right to elect a magistrates’ court trial.
What options does a defendant have if the court accepts jurisdiction?
- Elect for Crown Court trial by jury
- Consent to be tried summarily
What are some advantages of electing a trial in the Crown Court?
- Higher acquittal rate
- Separate tribunals of law and fact
- Voir dire procedures
What are some advantages of proceedings in a magistrates’ court?
- Less formal
- Shorter waiting time
- Quicker trial
- No requirement for a defence statement
- Less expensive
- Reasons provided for decisions
- More favourable appeal routes
- less sentencing power (although committal for sentence is still possible)
What is the indication of sentence?
The defendant can ask for an indication of sentence if they were to plead guilty instead
What can the court do in response to a request for an indication of sentence?
They have discretion as to whether to respond.
If they do respond, it must be confined to telling the D whether the sentence would be custodial or non-custodial
What happens if a defendant changes their plea to guilty after receiving an indication?
The process will follow as if they had pleaded guilty from the outset.
What occurs if the defendant does not change their plea to guilty after receiving an indication?
The indication given will not bind any later court.
What can a defendant do regarding trial consent?
- Consent to summary trial
- Elect to trial by jury
What must happen if magistrates send one defendant to the Crown Court without allocation for an indictable only offence?
They must send D2 to Crown Court without allocation if certain conditions are met.
What conditions must be met for D2 to be sent to the Crown Court with D1?
- D2 is jointly charged with D1 for an either-way offence
- The either-way offence is related to the indictable only offence
- D1 and D2 appear together on the same occasion
