First Hearings, plea, allocation, bail Flashcards
Is the prosecution obligated to provide anything before the defendant enters a plea?
Before the defendant enters a plea/ if they indicate they are entering a plea the prosecution is obliged to provide an IDPC. (details of case)
If it is an indictable only offence/ a plea is not indicated on first appearance in the magistrates the IDPC is not yet required
When may a defendant be subject to pay a contribution of their legal aid costs?
When in the crown court
What will be considered in the interests of justice test regarding legal aid?
Any consideration of a substantial question of law.
Involvement of tracing, interviewing or expert cross-examination of witnesses on behalf of the individual.
What is the procedure if a defendant indicates a guilty plea for an either-way offence?
They are treated as being tried summarily and convicted.
The defendants solicitor will give a plea in mitigation on their behalf
When is there a presumption in favour of bail if a case is adjourned for sentence?
There is a presumption in favour of bail in the magistrates court unless the case has been sent to the crown court for sentencing then there is no presumption.
Does a defendant of the magistrates court have the right to appeal the refusal of bail to a crown court judge?
Yes but will need to obtain a full argument certificate from the magistrates court.
What trial venue is better where the admissibility of evidence needs to be determined?
The crown court as the jury will be asked to leave the court room while the judge conducts a mini trial, minimising prejudice.
