First Hearings and Plea before Venue Flashcards
What must a Defendant satisfy when applying for a representation order in the MC?
(i) It is in the interests of justice for D to receive public funding;
(ii) The defendant’s finances are such that they are unable to pay for the cost of their legal representation
What factors suggest it is in the interests of justice for the defendant to receive public funding?
Guilty:
(i) D will lose their liberty (if custodial);
(ii) D will be convicted for an original suspended offence;
(iii) D will lose their livelihood (loss of job)
Not Guilty:
(iv) D will suffer damage to their reputation;
(v) Substantial question of law may be involved;
(vi) D cannot understand court proceedings or present their own case;
(vii) Witnesses may need to be traced or interviewed on D’s behalf;
(viii) Case involves expert cross-examination of a prosecution witness;
(ix) In someone else’s interest they are represented (e.g. need to cross-examine prosecution witness in person) NOT used to argue legal representation is in the defendant’s family interests.
Who automatically satisfies the means test?
People receiving income support; and/or
People under the age of 18.
What happens in the first hearing of a summary offence?
- D will be required to enter plea;
- CPS informs magistrates about the facts of the case;
- Solicitor provides plea in mitigation;
IF GUILTY: Magistrates may sentence the defendant or adjourn the case if they want to obtain a report;
IF NOT GUILTY: Court fix a date for D’s trial to take place, issues case management directions that the prosecution and defence must comply with.
What happens in the first hearing of an either-way offence?
IF GUILTY: Magistrates determine if they should sentence D or commit them to the CC for sentence, may be adjourned for sentence report or for sentencing at CC;
IF NOT GUILTY: Magistrates determine whether D is to be tried in MC or CC (plea before venue and allocation)
If a case is adjourned, the Magistrate must determine whether D is remanded into custody or granted bail.
What happens in the first hearing of an indictable only offence?
The Magistrates send the case straight to the CC and adjourn.
Magistrates determine whether D is released on bail or remanded into custody.
What is the procedure for D indicating plea in the MC? (Either-way offences)
(a) Charge is read out to D;
(b) Legal adviser tells D they may indicate to court how they would plead if the matter went to trial - if guilty plea indicated, that is D pleading guilty before magistrates;
(c) Legal adviser then asks D to indicate plea.
IF GUILTY: Treated as being tried summarily and convicted, provided the sentencing powers are sufficient to deal with the case. If insufficient, D is committed to CC.
IF NOT GUILTY: Magistrates decide on allocation. If they decide summary trial is suitable, D may reconsider plea and then chooses whether to consent to summary trial. Or, if they decide it is more appropriate in the CC, it is sent directly there.
