First hearing in Magistrates' court

Question 1

Whose first appearance is in the Magistrates?

Answer 1

Every suspect’s! (except youths)

Question 2

What happens if the offence is indictable-only?

Answer 2

Sent immediately to the Crown Court

Question 3

What type of offence is low-value theft (under 200)?

Answer 3

Summary-only
BUT: if pleads not guilty, can choose the Crown Court

Question 4

What type of offence is criminal damage?

Answer 4

Either-way
BUT: if value of property is under 5,000, it’s summary-only
BUT: if damage caused by fire/to memorial, it is always either-way

Question 5

2 tests for applying for legal aid in Magistrates:

Answer 5

1. it’s in the “interest of justice” that suspect receives funding, and
2. means test

Question 6

Factors considered in the “interests of justice” test

Answer 6

1. whether suspect would lose liberty/livelihood/have seriously damaged reputation if convicted,
2. whether a substantial question of law is likely to be considered,
3. whether the suspect is unlikely to understand proceedings or state his own case,
4. whether the proceedings may involve tracing or interviewing suspect’s witnesses,
5. whether it’s in the interests of another person that a defendant be represented (prosecution witness)

Question 7

When is the means test automatically satisfied?

Answer 7

A. suspect receives income support, jobseeker’s allowance, state pension credit, or universal credit, or
B. he is under 18

Question 8

How is the means test assessed if it isn’t automatically met?

Answer 8

Based on disposable income

Question 9

How much information should the CPS give to the defendant before the 1st hearing?

Answer 9

Enough for the defendant to enter a plea