FIRST HEARINGS BEFORE THE MAGISTRATES

Question 1

Where do all defendants aged 18 and over have their first court appearance?

Answer 1

At the magistrates court.

Question 2

After the defendant enters their plea at the magistrates court for a summary offence, what happens?

Answer 2

If guilty, the court will proceed immediately to sentence unless pre sentencing reports form the probation team are required.

Question 3

After the defendant enters their plea at the magistrates court for an either way offence, what happens?

Answer 3

The court will proceed with the “plea before venue process”

Question 4

After the defendant enters their plea at the magistrates court for an indictable offence, what happens?

Answer 4

The case is sent immediately to the crown court for trial.

Question 5

What is the maximum sentence that may be imposed for a single either way offence?

Answer 5

12 months

Question 6

What is the maximum sentence that may be imposed for a single summary only offence?

Answer 6

6 months

Question 7

What must all solicitors advise their client that outcome will be to their sentence if they plead guilty at first opportunity?

Answer 7

They will be entitled to a reduction.

1/3 reduction if the defendant pleads guilty at first opportunity.

Question 8

If a defendant is not privately funding themselves, as their solicitor you will need to ensure that you apply for a representation order. What is a representation order?

Answer 8

A representation order effectively authorises payment for legal aid.

Question 9

What 2 tests need to be passed in order for a representation order to be granted?

Answer 9

1. The interests of justice test
2. Means test

Question 10

What is a key aspect of the interests of justice test that will need to be satisfied?

Answer 10

The defendant needs to be at a risk of loss of livelihood- eg the offence needs to attract an impressionable sentence.