First Hearings

Question 1

Where do all first hearings take place?

Answer 1

The magistrates court

Question 2

What is the timings of first hearings?

Answer 2

If on bail:

• within 14 days of being charged if prosecutor anticipates guilty plea which is likely to be dealt with at Magistrates’ court
• within 28 days if anticipated that D will plead not guilty or case is likely to go to Crown court for either trial or sentence

If in custody following charge D must be brought before the first available court

Question 3

Must D attend first hearing?

Answer 3

Yes required.

If D does not attend then court must decide if it can proceed without them (only normally possible for summary offences)

Question 4

When must the prosecution serve the initial details of the prosecution case on the court?

Answer 4

As soon as practicable and no later than the beginning of the day of the first hearing

Question 5

If the initial details of the prosecution case is requested by D when must the prosecution serve them?

Answer 5

As soon as practicable and no later than the beginning of the day of the first hearing

Question 6

What will happen if the prosecution fails to supply the initial details of the prosecution case?

Answer 6

Court will be adjourned/award costs to defence

Question 7

What must the initial details include?

Answer 7

• summary of the circumstances of the offence
• any account given by D in interview
• any written statements and exhibits that are available and material to plea and/or mode of trial or sentence
• victim impact statements
• d’s criminal record

Question 8

What needs to be included in the initial details where D was in police custody immediately before the first hearing?

Answer 8

• a summary of the circumstances of the offence
• D’s criminal record
• information supplied must be sufficient at the first hearing to allow the court to take an informed view on plea and venue for trial
• where no guilty plea is anticipated, they should be sufficient to assist the court in identifying the real issues and in giving directions

Question 9

What will the magistrates court deal with on first application for indictable only offences?

Answer 9

Will only deal with bail and legal aid.

Crown court will deal with plea.

Question 10

When will a summary only offence be sent to the crown court?

Answer 10

Only when D is charged with an offence that is to be tried in the Crown Court and there is a summary only offence which is connected to the indictable offence and is one of the following:

• common assault
• assaulting a prison or secure training centre officer
• taking a motor vehicle or other conveyance without authority
• driving a motor vehicle while disqualified
• criminal damage

Question 11

What happens at first hearings for either-way offences?

Answer 11

• D will be asked to indicate plea
• D will be warned that if they plead guilty they can be sentenced by court or committed to Crown court

Question 12

How is no indication as to guilt to be treated?

Answer 12

Not guilty indication

Question 13

What must a guilty plea be?

Answer 13

It must be unequivocal - free of any suggestion or statement that D is not guilty, either because they purport to rely on a defence or refuse to accept a section of the offence

Question 14

What happens if D pleads not guilty for either-way offence?

Answer 14

Court will move to allocation.

Guidance is that offence should be tried summarily unless magistrates’ sentencing powers would clearly be insufficient or for unusual legal, procedural or factual complexity the case should be tried in crown court

Court must also remember power to commit for sentence

Question 15

Can D appeal decision to allocate case to crown court?

Answer 15

No

Question 16

What happens if the magistrates court retains jurisdiction?

Answer 16

D can consent to being tried summarily or they can elect to be tried by a jury

Question 17

What is indication of sentence?

Answer 17

• D is able to ask for an indication of sentence if they were to plead guilty instead

Question 18

Must the court give an indication of sentence?

Answer 18

No - they have discretion

Question 19

What happens if the court does give indication as to sentence?

Answer 19

• must be confined to telling D whether the sentence is custodial or non-custodial
• if D then changes their plea to not guilty, then they will be taken to have plead not guilty from the start
• if a non-custodial sentence is indicated, that is binding on any later magistrates’ court

Question 20

What are the advantages of electing a trial in the Crown court?

Answer 20

• higher acquittal rates
• separate tribunals of law and fact
• not necessarily harsher sentences

Question 21

What are the advantages and disadvantages of consenting to a summary trial?

Answer 21

Advantages:

• less formal
• waiting time before trial is shorter
• trial is quicker
• D does not need to serve defence statement
• less expensive
• magistrates have to provide reasons for decisions (juries do not)

Disadvantage:

• magistrates can still commit to sentence in Crown court