First Hearing Post-Charge.

Question 1

What governs public funding?

Answer 1

Article 6 ECHR (in interests of justice).

Question 2

What are the 3 types of public funding?

Answer 2

1. Police Station Advice and Assistance.
2. Advice and Assistance.
3. Representation Order.

Question 3

What tests does a representation order need?

Answer 3

Means and Merits tests.

Question 4

What is the merits test (and section)?

Answer 4

LASPO 2012: Interests of justice Test
- Loss of liberty.
- Loss of livelihood.
- Serious damage to reputation.
- Substantial question of law.
- Incapable of understanding court proceedings.

Question 5

What is means test?

Answer 5

Finds client’s disposable income.
This is income deducting:
- tax and national insurance.
- Annual childcare and housing costs.
To determine whether client qualifies for legal aid to cover some or all of their defence costs.

Question 6

What is passporting?

Answer 6

State already knows your income. Automatically pass the means test. Must have passed merits test first.

Question 7

What happens at plea before venue for TEW?

Answer 7

1. First hearing at Magistrates.
2. D indicates a plea.
3. If guilty, Mags convict and sentence or commit to CC to sentence.
4. If not guilty, go on to consider venue.

Question 8

What is the key test for allocating a TEW?

Answer 8

S.19 Magistrates Court Act 1980: Mags consider whether their sentencing powers for the offence are adequate referring to allocation/sentencing guidelines.

Question 9

What happens if the Mags accept jurisdiction?

Answer 9

D has the right to elect trial by jury.

Question 10

What happens if the Mags decline jurisdiction?

Answer 10

D has no choice, sent to CC.

Question 11

What must D be warned of?

Answer 11

If have a summary trial in Mags, can be committed for sentence in CC.

Question 12

What are the advantages of a summary trial?(6)

Answer 12

1. Quicker.
2. Cheaper.
3. Less stressful/less formal.
4. Less publicity.
5. Limited sentence.
6. No defence statement obligation.

Question 13

What are the disadvantages of a summary trial? (4)

Answer 13

1. Case-hardened.
2. Higher conviction rates.
3. Lay.
4. Can commit to CC for sentencing.

Question 14

What are advantages of trial on indictment? (3)

Answer 14

1. Higher acquittal rates.
2. Juries less case-hardened.
3. Expert judge gives direction.

Question 15

What are the disadvantages of trial on indictment? (5)

Answer 15

1. Higher powers of punishment.
2. Slower/more stressful/ more formal.
3. Duty of defence disclosure.
4. More expensive.
5. More publicity.