Format of first hearing Flashcards
What is the first hearing location for adult defendants?
Magistrates’ court
All adult defendants have their first hearing before a magistrates’ court irrespective of the offence charged.
Where do defendants under 18 have their first hearing?
Youth court
Defendants under 18 have their first hearing before a youth court unless jointly charged with an adult.
Where are appeals from Youth Courts held?
Crown Court and then the High Court
What is the time frame for a first hearing if a defendant is on bail and anticipated to plead guilty in the MC?
14 days
What is the time frame for a first hearing if a defendant is expected to plead not guilty or the case is likely to go to CC for either trial or sentence?
28 days
What must happen if a defendant was detained in police custody after charge?
They must be brought before the next available court
What is required regarding the defendant’s presence at the first hearing?
The defendant must be present
What happens if a defendant on bail fails to attend court?
The court can issue a warrant for the defendant’s arrest
Can the court proceed with the hearing if the defendant does not attend?
It depends on the case type
Not normally possible if the hearing deals with allocation of an either-way offence or sending an indictable case to the Crown Court.
What happens if a defendant is summoned to court but does not appear?
No offence committed
What can happen if a defendant doesn’t appear at the hearing after being summoned?
Provided the P has served the statements and the D has been warned of the heraing, the case can proceed in the absence of the D - a penalty can be imposed in absentia
When must the IDPC be served?
The prosecution must serve the initial details on the court officer as soon as practicable, and no later than the beginning of the day of the first hearing.
What must the prosecutor do if a defendant requests initial details?
The prosecutor must serve the initial details on the defendant as soon as practicable, and no later than the beginning of the day of the first hearing.
What is the usual remedy for failure to supply initial details?
The usual remedy is for the court to adjourn a first hearing and/or award costs to the defence for the prosecution’s failure to serve.
It is not enough to consitute a ground to dismiss a charge or give rise to an abuse of process application
What must initial details include?
- Summary of the circumstances of the offence
- Any account given by the defendant in interview
- Any written statements and exhibits that are material - Victim impact statements
- Defendant’s criminal record
What additional information is required if the defendant is released on bail and a guilty plea is not expected?
- relevant CCTV that will be relied on trial
- any streamlined forensic report
- details of witness availability
- indiciation of medical or other expert evidnece P likely to adduce
- any info as to special measures, bad character or hearsay
What are the initial details required if the defendant was in police custody before the first hearing?
The initial details need only comprise a summary of the circumstances of the offence and the defendant’s criminal record.
What matters are dealt with in the first hearing?
The first hearing will deal with matters such as plea, bail, representation, and legal aid.
What is the exception to the rule that summary only offences never go to Crown Court?
A defendant charged with an indictable offence may have a connected summary only offence that must be sent for trial.
What are the summary only offences that must be sent for trial in CC if connected with an indictable only offence?
- Common assault
- Assaulting a prison officer
- Taking a motor vehicle without authority
- Driving while disqualified
- Criminal damage.
What happens if a summary only offence is not one of the specified connected offences?
After the trial for the indictable offence, the accused will be asked to enter a plea for the summary only offence.
Guilty - CC may deal with the offence in any way that would have been open to the MC
Not guilty - CC has no further power to deal with the offence and it must be remitted to the MC
What are the special case either way offences?
Low value shop lifting (less than £200)
Criminal damage (+/- £5,000)
Complex Fraud
Where children may be called as a witness
How is low value shoplifting classified?
Low value shoplifting (less than £200) is classed as summary only, with a maximum sentence of 6 months.
However, D retains the right to elect trial in the CC
What is the condition for criminal damage to be dealt with as an either way offence?
Criminal damage can be dealt with at Crown Court only if the damage is over £5000 or caused by fire (arson).
What happens if criminal damage is £5000 or less?
If £5000 or less, the offence becomes summary only and must be dealt with in the magistrates’ court, with a maximum penalty of 3 months’ imprisonment or a level 4 fine.
What defines a case as complex fraud?
To be complex fraud, at least two of the following must be present:
- Amount exceeds £500,000
- Significant international dimension
- Requires specialized knowledge
- Numerous victims
- Substantial fraud on a public body
- Likely widespread public concern.
What happens to complex fraud cases despite being classified as either-way?
These cases will be sent to the Crown Court without going through the plea before venue or allocation procedure.
What happens at the first trial of an indictable only offence?
The MC will only deal with:
- bail
- legal aid
They do not enter a plea until they are in the CC
What can the MC do if they have previously sent D to CC for trial but they appear again for an either way or summary only offence?
MC can send these subsequent offences to CC for trial without allocation
