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Criminal Litigation > First Hearings > Flashcards

First Hearings Flashcards

1
Q

What is the time frame for the first hearing if the defendant is on bail and the prosecutor anticipates a guilty plea?

A

14 days of being charged.

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2
Q

What is the time frame for the first hearing if the defendant is on bail and the prosecutor anticipates a not guilty plea?

A

28 days of being charged.

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3
Q

Must the defendant be present at first hearings?

A

Yes. If the defendant was bailed by the police to attend court and fails to attend, the court can issue a warrant for the defendant’s arrest.

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4
Q

When can a case proceed in the absence of the defendant?

A

If the defendant has been summonsed to court (typically used for non-imprisonable, minor or road traffic offences) the defendant does not commit any offence for non-appearance. Provided the prosecution has served the statements and the defendant has been warned of the hearing, then the case can proceed in the absence of the defendant. If convicted, then the penalty can also be imposed in absentia.

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5
Q

When should the prosecution serve the initial details of the prosecution?

A

As soon as practicable and in any event, no later than the beginning of the day of the first hearing.

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6
Q

What must the initial details include?

A

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

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7
Q

What must the initial details include if the defendant was in police custody immediately before the first hearing?

A

A summary of the circumstances of the offence and the defendant’s criminal record.

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8
Q

What form must the parties complete where there is to be a summary trial?

A

Preparation for effective trial (PET).

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9
Q

What do first hearings typically deal with?

A

Plea, bail, representation, and legal aid.

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10
Q

Will a plea be entered in magistrates court for a first hearing for a summary and either way offence?

A

Yes.

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11
Q

Where does a defendant enter their plea for indictable only offences?

A

Crown court.

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12
Q

Which related summary matters must be sent for trial and included on an indictment?

A

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, and criminal damage.

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13
Q

What is the maximum prison sentence that can be imposed in magistrates court?

A

6 months or 12 months if two summary offences.

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14
Q

When should magistrates scrutinise a timetable for trial?

A

When the time estimate exceeds a day for a summary trial.

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15
Q

What should be included in a PET for not guilty plea summary only offences?

A

The defendant’s and legal representative’s contact details, names, numbers, types of witness and which party requires their attendance at court, the estimated length of trial, identification of trial issues, advance warning of any applications, whether any prosecution statements can be read, and any special arrangements needed.

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16
Q

What is the role of a case progression officer?

A

Monitor directions made by the court.

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17
Q

What can be covered at pre-trial hearings for summary trials?

A

Matters such as admissibility of evidence and fitness to plead.

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18
Q

When can a court discharge or vary a pre-trial ruling?

A

If it is in the interest of justice to do so.

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19
Q

When can a defendant plead guilty by post in summary only cases?

A

When the matter has been commenced by summons or requisition, the prosecutor has served a summary of the evidence, and the prosecutor has served information relevant to sentence.

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20
Q

When is the procedure of pleading guilty by post likely to be used?

A

For minor non-imprisonable offences such as speeding or driving without insurance.

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21
Q

What is the plea treated as if no indication is given at the first hearing for either way offences?

A

Not guilty.

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22
Q

What must the defendant be warned of before plea in either way offences?

A

They can be sentenced by the court or committed to the Crown Court for sentence if the magistrates’ court believes its sentencing powers are insufficient.

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23
Q

What must a guilty plea be?

A

Unequivocal - free of any suggestion or statement that the defendant is not guilty.

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24
Q

What happens if the magistrates court decides their sentencing powers are sufficient for an either way offence?

A

Sentence may be passed immediately or adjourned for the preparation of a pre-sentence report.

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25
Q

What should the court make clear in relation to sentencing for either way offences?

A

That all sentencing options, including committal to the Crown Court for sentence, remain open.

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26
Q

When should magistrates commit a defendant for sentence at the Crown Court?

A

When there is a realistic alternative to a custodial sentence, the defendant may be a dangerous offender, or there is some other appropriate reason.

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27
Q

What is the process after a not guilty plea to an either way offence in magistrates court?

A

Allocation - the court will decide whether to allocate the case to a magistrates’ court (accept jurisdiction) or send it to the Crown Court (decline jurisdiction).
Indication of sentence- defendant is able to ask for an indication if they were to plead guilty instead and the court has the discretion as to whether they will give it.
Election- If the court decides to accept jurisdiction defendant can consent to being tried in a magistrates’ court or elect to be tried by a jury in the Crown Court. As the case stands it may be more beneficial for Stuart to elect trail by indictment, he should be informed that even if he is tried summarily and is convicted, he may still be committed to the Crown Court for sentence.

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28
Q

What do the allocation guidelines suggest in relation to trial of either way offences?

A

Either-way offences should generally be tried summarily unless the court’s sentencing powers would be insufficient or for reasons of unusual legal, procedural or factual complexity.

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29
Q

Should either way offences usually be tried in the magistrates court because of the powers of committal?

A

Yes.

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30
Q

Does the court take into account submissions of the party when deciding allocation?

A

Yes - prosecution will open their submissions will cover the nature and seriousness of the offence including any particular aggravating and mitigating features
Defecne follows

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31
Q

If a non-custodial indication is indicated, will this indication be binding on any later magistrates court?

A

Yes.

32
Q

Why is it usually suggested to choose a trial on indictment?

A

The acquittal rate is higher in the Crown Court, and the separate tribunals of law and fact can be advantageous to the defendant.

33
Q

What are the advantages to consenting to trial in magistrates court?

A

Less formal, shorter waiting time, quicker trial, do not require a defence statement, less expensive, magistrates provide reasons for decisions, and less sentencing powers.

34
Q

What questionnaire will the court complete if the defendant elects a Crown Court trial?

A

Case management questionnaire.

35
Q

What are the special cases of either way offences?

A

Low value shoplifting (under £200 summary only), criminal damage (£5000 or less summary only), and cases involving complex fraud or where children may be called as witnesses (indictable only).

36
Q

What is considered complex fraud?

A

At least two of the following must be present: the amount exceeds £500,000, significant international dimension, requires specialised knowledge, numerous victims, substantial fraud on a public body, or widespread public concern.

37
Q

What is a remand?

A

When a defendant is sent away and told to come back another day, either in custody or on bail.

38
Q

Who applies for bail?

A

The defence applies for bail after a prosecution objection has been raised.

39
Q

Is there a right to bail?

A

Yes, under Bail Act 1976 s.4, the court must presume that a defendant is entitled to bail.

40
Q

What must the prosecution do to remand a defendant into custody?

A

Rebut the presumption of bail.

41
Q

When does the right to bail not apply?

A

To those appealing their conviction or sentence, or to defendants being committed for sentence from the Magistrates’ Court to the Crown Court.

42
Q

What are the substantial grounds for objection to bail?

A

There are substantial grounds for believing the defendant would fail to attend a hearing, commit further offences, or interfere with witnesses.

43
Q

What kind of test is ‘substantial grounds’ for believing?

A

A factual one. Representations will be made by both the prosecution and the defence - magistrates will decide - not a particularly high test

44
Q

When can a ground for objection not succeed?

A

When there is not a real prospect of the defendant receiving a custodial sentence.

45
Q

Are the grounds available for summary offences?

A

No, they are only activated by a trigger event.

46
Q

When does the defendant need not be granted bail?

A

For their own protection, insufficient information, or if already serving a sentence.

47
Q

What is needed for a defendant to be granted bail when facing a murder charge?

A

Exceptional circumstances. (only by crown court)

48
Q

When can bail be granted if charged with attempted murder or serious sexual offences?

A

If there are exceptional circumstances to justify it.

49
Q

When can a defendant be granted bail if charged with an offence that carries life imprisonment?

A

If there is no significant risk of further offences being committed or failure to attend.

50
Q

What particular characteristics of an offence affect bail risks?

A

An offence against a partner or family, or abuse of drugs.

51
Q

What factors can support a ground for objection?

A

The nature and seriousness of the offence, the character of the defendant, the defendant’s bail record, and the strength of evidence.

52
Q

Can the denial of bail be based on a factor rather than a ground for objection?

A

No.

53
Q

What must the court consider before attaching a condition to bail?

A

If the condition is relevant, proportionate, and enforceable.

54
Q

What are common bail conditions?

A

Residence at a given address (reduce risk of absconding)
Curfew (reduce risk of further offences being committed)
Reporting to local police station at given times (reduce the risk of absconding)
Surety - offer of money to secure the defendants return to court. The surety will agree to forfeit a sum of money if the defendant absconds. The defendant cannot stand as a surety in their own case.
Security - the defendant, or someone on the defendant’s behalf, putting up money or some other valuable item to be forfeited if the defendant does not answer bail and attend court.
Restriction on where the defendant may go during bail
Electronic monitoring
Bail hostels
Surrender of passport

55
Q

Is there actually an offence of breaching a bail condition?

A

No.

56
Q

What are the consequences of breaching a bail condition?

A

Conditions may be tightened or the defendant may be remanded in custody.

57
Q

What bail breach is a criminal offence?

A

Failing to surrender, punishable summarily by up to three months’ imprisonment or an unlimited fine.

58
Q

What is the procedure when applying for bail?

A

The prosecution outlines objections, and the defence presents arguments for bail.

59
Q

How many attempts at bail are there for someone having a trial in magistrates court?

A

Two attempts in magistrates court, one appeal to crown court

60
Q

How many attempts at bail are there for someone having a trial in Crown Court?

A

One attempt at the first hearing in magistrates court and a further application at Crown Court.

61
Q

What happens if a defendant’s first application for bail is unsuccessful?

A

case will be returned to court a week later where the issue of bail can be raised a second time without any restriction or qualification, and the defendant can apply again.

62
Q

What is needed to appeal to Crown Court after both applications for bail?

A

certificate of full argument’ from the magistrates’ court before then appealing to the Crown Court (if D wishes to do so). The certificate is simply a short summary that the magistrates produce so that the Crown Court knows what has transpired in the court below.

63
Q

When are appeals for bail to Crown Court heard?

A

One business day after an appeal notice is served.

64
Q

Can a defendant apply for bail again after two attempts and an appeal?

A

Yes, if there has been a change of circumstances.

65
Q

What is a certificate of full argument?

A

A certificate of full argument is a short summary produced by the magistrates’ court for the Crown Court to understand what transpired in the court below.

66
Q

When are appeals for bail to the Crown Court heard?

A

Appeals for bail to the Crown Court are heard 1 business day after an appeal notice is served.

67
Q

If a defendant appeals to the Crown Court after only one application in the magistrates’ court, do they lose the right to a second application in the magistrates’ court?

A

Yes.

68
Q

What is the process for prosecution appeal to bail?

A

The prosecution appeal to bail involves several steps:

  1. The prosecution must have opposed bail originally.
  2. The offence must be punishable by imprisonment.
  3. The prosecution indicates orally at the hearing when bail is granted that they will appeal.
  4. Intention to appeal is confirmed in writing and served on the court and defence within two hours.
  5. Appeal is heard within 48 hours – excluding weekends.
  6. Appeal is heard by a Crown Court Judge.
69
Q

What are the time limits for prosecution to bring a case to trial?

A

56 days for trials in the magistrates’ court of summary only or either-way offences; and 182 days for trials in the Crown Court of indictable only or either-way offences, less any days spent in custody prior to the case being sent to the Crown Court.

70
Q

When is the trial considered to start in the magistrates’ court?

A

In the magistrates’ court, the trial starts when the court begins hearing evidence from the prosecution.

71
Q

When is the trial considered to start in the Crown Court?

A

In the Crown Court, the trial starts when a jury is sworn.

72
Q

When can time limits be extended?

A

Time limits can be extended if the prosecution shows that it has acted with ‘all due diligence and expedition’ and that there is ‘good and sufficient cause’ to have the defendant further remanded into custody.

73
Q

How long can a defendant’s first remand in custody be if they are to be tried in magistrates court?

A

A defendant’s first remand must be for no more than eight clear days.

74
Q

After the second appearance, how often must a defendant who is to be tried in magistrates court be brought back to court?

A

A defendant must be brought back to court every 28 days or fewer to ‘remand them onwards’ to their trial.

75
Q

Can D apply for bail again after two attempts and an appeal

A

Yes if there has been a change of circumstances

Criminal Litigation (8 decks)

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