First Hearings in Magistrates' Court Flashcards
What are the three categories of criminal offences?
○Offences triable only on indictment
○Offences triable either way
○Offences triable only summarily
Give some examples of offences triable only on indictment.
Murder, manslaughter, causing grievous bodily harm/wounding with intent, rape, robbery, aggravated burglary, blackmail, kidnap and conspiracy.
Give some examples of either-way offences.
Theft, fraud, most forms of burglary, handling stolen goods, going equipped to steal, inflicting grievous bodily harm/wounding, assault occasioning actual bodily harm, sexual assault, affray, threats to kill, criminal damage, dangerous driving, possession of an offensive weapon, possession/possession with intent to supply and supply of controlled drugs.
What is the maximum penalty for low-value shoplifting in the magistrates’ court?
Six months’ custody
What is the threshold for criminal damage to be treated as a summary offence?
Where the value of the property damaged is less than £5,000, unless the damage was caused by fire (arson) or to a memorial.
What does Article 6(3) of the European Convention on Human Rights (ECHR) state about legal assistance for defendants?
Defendants who do not have sufficient means to pay for legal assistance should receive this free of charge when this is in the interests of justice.
What are the two tests a defendant must satisfy to obtain public funding for criminal legal aid in the magistrates’ court?
○The interests of justice test
○The means test
What are the factors taken into account in deciding whether a defendant can satisfy the interests of justice test?
○Whether the individual would, if any matter arising in the proceedings is decided against them, be likely to lose their liberty or livelihood or suffer serious damage to their reputation
○Whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law
○Whether the individual may be unable to understand the proceedings or to state their own case
○Whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual
○Whether it is in the interests of another person that the individual be represented
Which defendants will receive criminal legal aid automatically without needing to satisfy the means test?
○Applicants who receive income support, income-based jobseeker’s allowance, guaranteed state pension credit, income-based employment and support allowance or universal credit
○Applicants who are under the age of 18
What is a ‘Newton hearing’?
A separate hearing to determine the factual basis upon which a defendant will be sentenced, where they plead guilty but dispute the specific factual allegations made by the CPS.
What is the ‘plea before venue and allocation procedure’?
The procedure by which the magistrates determine whether a defendant charged with an either-way offence is to be tried in the magistrates’ court or in the Crown Court, where the defendant enters a not guilty plea.
What are the roles of the defence solicitor at the first hearing?
○Obtaining funding from the LAA to pay for the work they will do on their client’s behalf (unless the client is paying for their legal costs privately)
○Obtaining details of the prosecution case from the CPS (for summary and either-way offences)
○Taking a statement from the client
○Advising the client on the strength of the prosecution evidence and the plea the client should enter (for summary and either-way offences)
○In the case of an either-way offence where the client is indicating a not guilty plea, informing the client that their case may be dealt with either by the magistrates’ court or by the Crown Court, and advising the client about the advantages and disadvantages of each court
○Making an application for bail, where necessary
If the magistrates keep an either-way case, what can the defendant choose?
Trial by jury in the Crown Court, or trial by magistrates.
What is a representation order?
A document that confirms the defendant is entitled to legal
What does a representation order for a summary offence cover?
Proceedings in the magistrates’ court and any appeals to the Crown Court.
