First Hearing – Overview Flashcards
How soon must a first hearing take place if the prosecution anticipates a guilty plea in a magistrates’ court?
A. 28 days
B. 14 days
C. 21 days
D. 7 days
B. 14 days
Explanation:
If the prosecutor anticipates a guilty plea and the case is likely to be sentenced in the magistrates’ court, the first hearing must be within 14 days of charging.
What is the maximum sentence a magistrates’ court can impose for a single either-way offence?
A. 9 months imprisonment
B. 3 months imprisonment
C. 6 months imprisonment
D. 12 months imprisonment
C. 6 months imprisonment
Explanation:
For a single either-way offence, a magistrates’ court can impose a maximum sentence of 6 months. If dealing with two or more either-way offences, the total maximum is 12 months.
What document must the prosecution provide before the first hearing?
A. Indictment
B. Pre-Sentence Report
C. Initial Details of the Prosecution Case (IDPC)
D. Case Summary Report
C. Initial Details of the Prosecution Case (IDPC)
Explanation:
The prosecution must provide Initial Details of the Prosecution Case (IDPC) under Criminal Procedure Rules, Part 8, including a summary of the offence, any witness statements, and the defendant’s criminal record.
A defendant is charged with criminal damage to a car worth £4,800. Where must the trial take place?
A. Always in the Crown Court
B. Either the magistrates’ court or the Crown Court
C. The Supreme Court
D. The magistrates’ court
D. The magistrates’ court
Explanation:
Criminal damage under £5,000 is treated as summary-only, meaning it must be heard in the magistrates’ court, with a maximum sentence of 3 months imprisonment.
What happens if a defendant is in custody after being charged?
A. They remain in police custody indefinitely
B. They must wait 28 days for their first hearing
C. They must be brought before the next available court
D. They are released on unconditional bail
C. They must be brought before the next available court
Explanation:
Defendants who are detained in custody must be brought before the next available magistrates’ court for a bail hearing.
A defendant is charged with a summary-only offence and does not appear at their first hearing. What is the court likely to do?
A. Continue the case in their absence
B. Automatically convict the defendant
C. Dismiss the case immediately
D. Issue a warrant for their arrest
A. Continue the case in their absence
Explanation:
For summary-only offences, if the defendant was summoned and fails to appear, the court can proceed in their absence provided all required documents were served.
A defendant has been charged with an either-way offence. What must the magistrates’ court do first?
A. Commit the case to the Crown Court immediately
B. Issue a pre-sentence report
C. Decide bail conditions
D. Ask the defendant to indicate their plea
D. Ask the defendant to indicate their plea
Explanation:
For either-way offences, the magistrates’ court follows the Plea Before Venue procedure, where the defendant is asked to indicate their plea before the court decides on allocation.
A defendant is charged with an either-way offence. The magistrates decide the case is too serious for their sentencing powers. What happens next?
A. The case is dismissed
B. The defendant is sentenced immediately
C. The defendant is committed to the Crown Court for trial
D. The defendant is fined and released
C. The defendant is committed to the Crown Court for trial
Explanation:
If the magistrates’ court decides that its sentencing powers are insufficient, the case is sent to the Crown Court for trial under section 51 Crime and Disorder Act 1998.
A defendant is charged with theft of an item worth £190 from a shop. How is this case classified?
A. Indictable-only offence
B. Either-way offence
C. Summary-only offence
D. Misdemeanour
C. Summary-only offence
Explanation:
Although theft is usually an either-way offence, low-value shoplifting (under £200) is treated as summary-only under section 22A Magistrates’ Courts Act 1980. However, the defendant can elect Crown Court trial.
Which of the following summary offences must be sent to the Crown Court if linked to an indictable offence?
A. Speeding
B. Common assault
C. Driving without insurance
D. Public urination
B. Common assault
Explanation:
Under section 40 Criminal Justice Act 1988, common assault is one of the summary-only offences that must be sent to the Crown Court if linked to an indictable offence.
A defendant is charged with a complex fraud case involving £600,000. What will happen?
A. The case will be tried in the magistrates’ court
B. The magistrates’ court will adjourn for more evidence
C. The case will be sent directly to the Crown Court
D. The case will be dismissed for lack of jurisdiction
C. The case will be sent directly to the Crown Court
Explanation:
Under section 50A Crime and Disorder Act 1998, cases involving complex fraud (where the amount exceeds £500,000) must be sent directly to the Crown Court without a plea before venue hearing.
