Plea before venue and allocation Flashcards
What is IDPC?
Initial details of the prosecution case1. It must be provided to the defendant for all offenses in a digital format.
What does IDPC include?
A summary of the circumstances of the offense; any account given by the defendant in an interview; any written witness statement or exhibit the prosecutor considers material; the defendant’s criminal record, if any; a victim impact statement, if available.
What happens when a defendant indicates a guilty plea to an either-way offense?
They are treated as having been tried summarily and convicted. The CPS representative will outline the facts of the case and any previous convictions to the magistrates. The defendant’s solicitor will then give a plea in mitigation.
What happens after a guilty plea is indicated for an either-way offense?
The magistrates must decide if their sentencing powers are sufficient or if the defendant should be sentenced by the Crown Court4. The magistrates may sentence the defendant, adjourn the case for a pre-sentence report, or commit the defendant to the Crown Court for sentencing.
What should a solicitor do if their client says they are guilty but wants to plead not guilty?
Advise the client of the benefits of pleading guilty and the limitations of representation if they plead not guilty. The solicitor has a duty to act in the client’s best interests but an overriding duty not to mislead the court.
What are the factors in favor of electing trial in the Crown Court for an either-way offense?
Greater chance of acquittal; better procedure for challenging the admissibility of evidence; more time to prepare for trial.
What are the factors in favor of electing trial in the magistrates’ court for an either-way offense?
Limited sentencing powers; speed and less stress; lower prosecution and defense costs; no obligation to serve a defense statement.
What is the allocation procedure for either-way offenses?
The prosecution presents the facts and any previous convictions14. The magistrates consider representations from both sides, the adequacy of their sentencing powers, and the Allocation Guideline14. The magistrates decide whether the offense is more suitable for summary trial or trial on indictment.
When are either-way offenses sent straight to the Crown Court without allocation?
In serious or complex fraud cases (notice by the DPP); in certain cases involving children (notice served); when related to an offense triable only on indictment; when related to an offense for which another defendant is being sent to the Crown Court.
