First Hearings before the Magistrates

Question 1

For summary only offences, what happens in the Magistrates court if D pleads:
1. Guilty
2. Not guilty

Answer 1

1. Guilty - court immediately proceeds to sentence
2. Not guilty - date for trial will be set and orders for disclosure are made

Question 2

For either way offences, what process does the court proceed to?

Answer 2

Plea before venue

Question 3

For indictable only offences, which court is the matter immediately sent to?

Answer 3

Crown Court

Question 4

A solicitor should advise a client that proceedings are _____ and costs are _____ in the Magistrates Court, and that rates of acquittal are ______ in the Crown Court

Answer 4

quicker, lower, higher

Question 5

A solicitor should advise all clients that they are entitled to a ________ in sentence for pleading guilty

Answer 5

reduction

1/3 at first opportunity, 1/4 by set of trial date, 1/10 by end of trial

Question 6

When must the prosecution serve initial details of the prosecution case to the defence?

Answer 6

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

Question 7

Solicitors should apply for a representation order unless D is privately funded.

What is a representation order?

Answer 7

An order authorising payment of legal aid for D

Question 8

What are 2 requirements for a representation order to be granted?

Answer 8

1. Interests of justice
2. Means test

Question 9

Name 4 factors that the interests of justice test will consider (aka Widgery criteria)

Answer 9

1. Likeliness of D losing their liberty/livelihood or suffer reputational damage
2. Case concerns a substantial question of law
3. D’s understanding of proceedings or ability to state their own case
4. A need to trace/interview witnesses

(note: this list is not exhaustive and any other reason may be considered)

Question 10

Which type of trials are automatically deemed to satisfy the interests of justice test?

Answer 10

Crown Court trials

Question 11

What 3 factors will the means test look at?

Answer 11

1. Household income
2. Outgoings
3. Capital and equity