Plea Before Venue

Question 1

What does the IDPC include?

Answer 1

Initial Details of the Prosecution Case

Question 2

When should D’s solicitor obtain copies of prosecution evidence?

Answer 2

As soon as possible after D has been charged this includes copies of witness statements which police have obtained

Question 3

Why is it important for a solicitor to obtain IDPC as soon as possible?

Answer 3

To be able to give advice to D on their plea & take instructions on what prosection are saying

If prosecution case is particularly strong, may advise client to take guilty plea

Question 4

what happens if CPS wishes to introduce information contained in a document that defence is entitled to and has not received

Answer 4

court must not allow prosecutor to introduce that information unless court first allows D sufficient time to consider it

Question 5

what does IDPC include

Answer 5

• Summary of the circumstances of the offence
• Defendant’s criminal record, if any
• Account given by the defendant in interview
• Written witness statements or exhibits considered material:
• Victim impact statement (if available)

Question 6

If CPS wishes to introduce information contained in a document that the defence has not had access to. What the rule on this?

Answer 6

Court must not allow prosecutor to introduce that info unless court first allows the D sufficient time to consider it

Question 7

what must a solicitor discuss with client after obtaining details of the prosecution case?

Answer 7

• client’s response to prosecution case
• strength of prosecution case
• whether it is necessary to obtain any further evidence in support of D’s case
• where D is charged with either way offence, which court they should be tried in

Question 8

what should a solicitor advise a client in relation to which plea to make?

Answer 8

duty to act in best interests of client; solicitor should give client their view of the strength of evidence against them

should also advise when sentenced, an early guilty plea will result in a reduced sentence

Question 9

what are advantages of a triable either way offence being heard at the crown court?

Answer 9

• Greater chance of acquittal

(juries more sympathetic than magistrates)

• Better procedure for challenging admissibility of prosecution evidence

(judge can determine whether evidence is admissible without jury present, and if inadmissible, jury will never hear about it, magistrate determine both matters of law and fact so even if evidence is inadmissible, it may subconsciously influence decisions)

• More time to prepare case for trial

Question 10

what are the advantages of choosing a magistrates court for a triable either way offence?

Answer 10

• Limited sentencing powers

(max of 12 months imprisonment for an either way offence)

• Quicker and less stressful for D
• Prosecution costs cheaper
• Defence costs cheaper (Legal Aid)
• No obligation to serve defence statement

in crown court, have to make defence statement which provides prosecution with more info about defence case.

Question 11

Can a magistrates court refer a triable either way offence to crown court for sentencing?

Answer 11

Yes, especially where its sentencing powers are not strong enough or if the offence is more serious than appeared at the allocation hearing

Question 12

What professional conduct issues can arise when a solicitor is advising a client they know is guilty

Answer 12

if client admits guilt, but intends to enter not guilty plea

to comply with duty to act in clients best interests, should advise client on benefits of entering guilty plea

should also advise client of their overriding duty not to mislead the court, so if client refuses to enter into guilty plea, solicitor unlikely to be able to continue acting, or may be able to act in a limited capacity

Question 13

what is the benefit of pleading guilty

Answer 13

D will receive a reduction in sentence from court for entering an early guilty plea

Question 14

What is the limitations if the client pleads not guilty when they admit guilt to their solicitor

Answer 14

• solicitor may still represent client who admits guilt, but will be limited in what they can do for the client due to their overriding duty not to mislead the court
• solicitor can cross examine prosecution witnesses and put prosecution to proof of their case
• however, cannot assert a positive defence which they know is untrue
• cannot be a party to a client giving false evidence in witness box as this is misleading the court

Question 15

what should a solicitor do when they must withdraw from a case due to conflicting duties owed to client and not to mislead the court

Answer 15

should tell court they are withdrawing for professional reasons

solicitor will still owe a duty of confidentiality to the client even if they have admitted guilt

however, cannot continue to represent if D insists on giving false evidence

Question 16

what is a submission of no case to answer

Answer 16

submitted to court where prosecution have not produced sufficient evidence, and you ask court to dismiss the case

Question 17

when can professional conduct issues arise after a submission of no case to answer is declined

Answer 17

if solicitor submits no case to answer and this is declined, and client insists on then asserting a positive defence the solicitor knows to be untrue

must decline “for professional reasons”

Question 18

what is the procedure for an either way offence when D appears at magistrates court

Answer 18

• charge will be read out
• it is checked that D’s solicitor has received IDPC
• D must indicate how they would plead if matter went to trial
• D advised that if they indicate a guilty plea, they will be treated has having pleaded guilty before magistrates and then will be sentenced or committed to crown court for sentence

Question 19

what happens if a D of an either way offence enters into a guilty plea at magistrates court

Answer 19

D treated as having been tried summarily and convicted

CPS then outlines facts to magistrates and tells them about Ds previous convictions

D’s solicitor then gives a plea in mitigation for D

magistrates decide if their sentencing powers are sufficient to deal with case, or if matter should be committed to crown court

Question 20

what is the maximum sentence a magistrates court may pass

Answer 20

• six months imprisonment for D convicted of one either way offence
• up to a total of 12 months for two or more either way offences

Question 21

how does the magistrates court determine whether their sentencing powers are sufficient for a particular either way offence

Answer 21

assess the overall seriousness of the offence, looking at sentencing guidelines

Question 22

what happens if magistrates decide their sentencing power for a convicted either way offender is sufficient

Answer 22

either sentence D straight away or adjourn case for pre sentence report before sentencing defendant

if case adjourned for sentence, need to decide if D should be released on bail or remanded in custody

Question 23

what happens if magistrates decide their sentencing power for a convicted either way offender is insufficient

Answer 23

commit D to crown court for sentencing

Question 24

when must the magistrates court send a D pleading NOT guilty to a triable either way offence to the crown court for trial

Question 25

when will either way offences be sent straight to crown court

Answer 25

• where notice in serious or complex fraud cases given by DPP
• where notice served in certain cases involving children eg. assault or threat of injury to a person, child cruelty, certain sexual offences, kidnapping, false imprisonment and child abduction
• where there is an either way offence related to an indictment only offence, or one covered by notice
• where there is an either way offence related to an indictment only offence or one covered by notice, in respect of which another D is being sent to crown court

Question 26

what must occur if a D of multiple either way offences pleads guilty to one offence but not another

Answer 26

magistrates will proceed with allocation hearing of the offence to which D has indicated a non guilty plea

if magistrates accept jurisdiction;

• D sentenced in respect of offence to which they plead guilty and adjourn sentence until after trial for offence with not guilty plea

if magistrates decline jurisdiction or D elects trial at crown court;

• magistrates will send non guilty plea offence to crown court for trial
• magistrates can then choose either to sentence D in respect of guilty plea offence or commit D to crown court for sentencing

Question 27

what is the order for determining where an either way offence will be determined

Answer 27

magistrates must accept jurisdiction

if they do, D can elect to have trial in crown court

(exception; if a co defendant is being tried in crown court, both will be tried in crown court)

Question 28

When would an either-way offence be sent straight to the Crown court (without allocation)?

Answer 28

(a) serious or complex fraud case
(b) case involving children
(c) either-way offence related to a offence triable only on indictment