Plea before venue Flashcards
What do the Initial Details of the Prosecution’s Case (IDPC) include if defendant is in police custody immediately before 1st hearing?
- summary of circumstances of offence
- D’s criminal record (if any)
What do the Initial Details of the Prosecution’s Case (IDPC) include in all other cases?
- summary of circumstances of offence,
- D’s criminal record (if any),
- any account given by D in interview,
- any witness statement or exhibit the prosecution considers material to the allocation of the case,
- victim impact statement (if available)
When can the defendant choose between the Magistrates and Crown Court?
If the offence is either-way, D pleads not guilty, and Magistrates determine summary trial to be available
Maximum sentencing power of Magistrates?
6 months for single offence
When must a defence statement be served?
It must be served if tried in the Crown Court
Not mandatory in Magistrates
Procedure for indicating plea in Magistrates:
- legal adviser reads the charge to the defendant, and asks solicitor if he’s received IDPC,
- legal adviser tells D he can indicate his plea
- legal adviser asks D to indicate his plea
Does the defendant have to indicate his plea?
No
What is the consequence of pleading guilty?
D is treated as if tried summarily and convicted
When MUST the defendant be sent to the Crown Court after pleading not guilty to an either-way offence?
- if he’s sent to the Crown Court for the trial of a related offence,
- if he’s charged jointly with another defendant who’s sent to the Crown Court for trial of a related offence
- if he’s tried for the same offence as another D, who elects the Crown Court
Is the Magistrates obliged to give an indication of sentence when the defendant asks for it?
No (it’s a choice)
Can the prosecution apply for an either-way offence to be sent to the Crown Court?
Yes, before the Magistrates trial starts
It’s only granted if the Magistrates sentencing power would be inadequate
