First Hearings Before Magistrates Court Flashcards
Where is the first court appearance?
No matter the charge (18 or over) → in front of magistrates’ court
Offence triable only on indictment → magostrates will. Immediately send case to Crown Court
Age 17 or under → youth court
Where do all criminal offences fall into?
One of three offences:
- triable only on indictment
- triable either way
- triable only summarily
Examples of triable only on indictment
Murder, rape, manslaughter, kidnap, conspiracy, blackmail…
Where is either-way offences dealt?
First appearance before magistrates’ Court, if D indicates a not guilty plea the magistrates will decide whether to keep the case before them or send it to crown Court for trial (if it is too serious)
What if the magistrates decide to keep the case for either-way offence?
D has a right to elect trial by judge & jury in Crown Court or consent to summer trial
What does low-value shoplifting constitute as (magistrates court act)? And what offence is it?
Stolen goods that do not exceed £200 and it is a summary offence
What if the stolen good exceed £200?
It would be an either way offence.
If D commits criminal damage what value of property damage constitute as summary offence?
Less than £5,000 unless damage is caused by fire
What happens to Ds without sufficient means?
Defence solicitor will make applications on behalf of client to receive funding from Legal Aid Agency (LAA)
What will legal aid be granted by?
Magistrates court → it in the interest of justice for a D to have their legal costs paid for
What factors must be considered for interest of justice?
(A) likely to lose their liberty of livelihood or suffer serious damage to their reputation
(B) any matter arising in the proceeding may involve consideration of a substantial of law
(C) D unable to understand the proceeding or state their on case
(D) involvement of arching interviewing or expert cross- examination of the witness on behalf of the individual
AND
(E) in the interest of another person that the individual be represented
What factors must be considered for the means test?
(A) applicants who relieve income support
(B) under the age of 18
What if the means test is not automatically satisfied?
Must complete form CRM15 and financial details ( income and expenses not capital)
Does D need to pay for crown court?
In the Crown Court, legal aid may also be accessible, but the defendant might be required to contribute towards the cost of their legal aid.
What happens after the first leaving is determined by another of things:
(A) classification of the offence
(B) summary or either-way offences
(C) level of detail provides by the cps at the prosecution case
(D) whether public/private funding has been secured
What happens when case is adjourned?
Magistrates will consider whether D should be granted bail or remanded in custody prior to next hearing
What will happen if D pleads guilty for summary offence?
Magistrates will either sentence the D or adjourn the case if they want to obtain any reports before sentencing D
What will happen if D pleads not guilty for summary offence?
What will happen if D pleads guilty for either way offence?
Magistrates will determine if they should sentence D or if too serious they would be committed to Crown Court
What’s the role of the defence solicitor at the first hearing?
(A) obtaining funding either from LAA or privately
(B) obtaining details of prosecution case from cps (summary or either way)
(C) taking statement from client
(D) advising client whether to take plea (summary or either way)
(E)
(F) making application for bail when necessary
What offence will it if someone commits criminal damage by fire?
Either - way offence
