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(APD) Criminal Litigaiton > Plea Before Venue and Allocation between MC and CC > Flashcards

Plea Before Venue and Allocation between MC and CC Flashcards

1
Q

For all types of Offences, what is the Defence entitled to have from the Prosecution before the first hearing?

A

IDPC
(Initial Details of Prosecution’s Case)

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2
Q

A Defendant is entitled to IDPC (Initial Details of Prosecution’s Case) in advance of the first hearing.

What 5 things does the IDPC contain?

A

(1) CIRCUMSTANCES - summary circumstances of case
(2) ACCOUNT IN INTERVIEW - given by D
(3) WRITTEN WITNESS STATEMENTS - if ‘material’ (NOT Oral)
(4) CRIMINAL RECORD (of D)
(5) VICTIM IMPACT STATEMENT

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3
Q

Where do ALL Adult Defendants have their first hearing?

A

Magistrates’ court

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4
Q

For a ‘SUMMARY ONLY’ Offence, what are the 3 typical stages for a D pleading ‘NOT GUILTY’ and in what court will they be held in?

A

(1) First Hearing (‘Not Guilty’ plea made) (MC)
(2) Preparation for Trial Hearing (MC)
(3) Trial (MC)
(4) Sentencing

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5
Q

(1) For a ‘SUMMARY ONLY’ Offence, when will the D enter their PLEA?
(2) What 3 types of PLEA can the D make?
(3)

A

(1) First Hearing (in MC)
(2)
(a) ‘Guilty’
(b) ‘Not Guilty’
(c) Refuse to Plead

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6
Q

At the FIRST HEARING for a ‘SUMMARY ONLY’ Offence the D enters 1 of the 3 following pleas (a) Guilty (b) Not Guilty (c) Refuses to Plead

What is the possible outcome of each of these?
(a) Guilty - 2 possible outcomes
(b) Not Guilty - 2 possible outcomes
(c) Refuses to Plead - 1 possible outcome

A

(a) Guilty
(i) Proceed to SENTENCE
(ii) ADJOURN sentence later

(b)
(i) Make DIRECTIONS
(ii) ADJOURN for TRIAL

(c) Court enter ‘Not Guilty’ plea ON D’s Behalf

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7
Q

For an ‘INDICTABLE ONLY’ Offence, what are the 3 typical stages for a D pleading ‘NOT GUILTY’ and in what court will they be held in?

A

(1) First Hearing (MC)
(2) Plea and Trial Preparation Hearing (PTPH) (plea)
(3) Trial (CC)
(4) Sentencing (CC)

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8
Q

For an ‘INDICTABLE ONLY’ Offence, what 2 things will happen at the ‘First Hearing’ in MC?

A

(1) MC Automatically AJOURN
(2) Send case IMMEDIATELY to Crown Court

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9
Q

For an ‘INDICTABLE ONLY’ Offence, following the ‘First Hearing’ what type of hearing will take place next and in what court?

A

Plea and Trial Preparation Hearing (PTPH)
(Crown Court)

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10
Q

What are the main 4 purposes of a Plea and Trial Preparation Hearing (PTPH)

A

(1) PLEA entered by D (Summary-only NOT Either-way)
(2) Case Management DIRECTIONS (for EFFECTIVE TRIAL)
(3) Identify ISSUES for TRIAL
(4) Provisions FURTHER PRE-TRIAL HEARINGS (if needed)

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11
Q

When must a Plea and Trial Preparation Hearing (PTPH) take place?
(1) Best Practice
(2) Maximum time frame

A

(1) Within 28 days transfer from MC to CC
(2) Max 35 days transfer

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12
Q

In ADVANCE of Plea and Trial Preparation Hearing (PTPH), what 2 things must be served and by whom?

A

Prosecution MUST serve:
(a) PRINCIPAL PARTS of their CASE
(b) Draft INDICTMENT

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13
Q

In ADVANCE of Plea and Trial Preparation Hearing (PTPH), the Prosecution must serve (a) PRINCIPAL PARTS of their CASE (b) Draft INDICTMENT.

When must this be served if
(1) D in Custody
(2) D on Bail

A

(1) MIN 7 days BEFORE PTPH
(2) By DAY OF PTPH

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14
Q

At the Plea and Trial Preparation Hearing (PTPH), the D will enter a PLEA.
(1) What 2 pleas can be entered?
(2) What is the outcome of each ?

A

GUILTY - Sentence
NOT GUILTY - Trial

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15
Q

At the Plea and Trial Preparation Hearing (PTPH), if D enters a ‘GUILTY PLEA’:
(1) What can be requested by the D?
(2) What is the impact of this?

A

(1) Request ‘Indication of Likely Sentence’
(2) Binding

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16
Q

For an ‘EITHER WAY’ offence, what are the 2 components of the First Hearing?

(1)
(2)
(a)
(b)

A

(1) Plea Before Venue (PLV)

(2) Allocation Hearing
(a) Jurisdiction
(b) D choice

17
Q

Sketch out the diagram for an ‘EITHER WAY’ offence of what occurs at the First Hearing

A
18
Q

For an ‘EITHER WAY’ offence at the Plea Before Venue:
(1) What does the D have a choice to enter?
(2) Is this compulsory?
(3) What 3 choices of Plea does the D have?

A

(1) Plea
(2) NO (choice)
(3)
(a) Guilty
(b) Not Guilty
(c) No Plea

19
Q

f at the Plea Before Venue (PBV), a D enters the following plea, what is the next step:
(a) Guilty
(b) Not Guilty
(c) No Plea

A

a) Proceed to SENTENCE
(b) Proceed to ALLOCATION HEARING
(c) Proceed to ALLOCATION HEARING

20
Q

If at the Plea Before Venue (PBV), a D enters a Not Guilty or No Plea, what is the next step?

A

JURISDICTION - MC decides whether to accept Jurisdiction?

21
Q

When the MC is deciding whether to accept Jurisdiction:
(1) What piece of legislation guides this?
(2) What 3 main factors are considered?

A

(1) MC Sufficient Sentencing Powers
(2) P and D Submissions (Previous Convictions)
(3) Allocation Guidelines

22
Q

If the MC accepts Jurisdiction, what is the next step?

A

D chooses / can elect to be TRIED at Crown Court

23
Q

In helping a D decide whether to ELECT to have their Trial in the CC:
(1) What can the D request?
(2) Does this bind the court?

A

(1) IF pled GUILTY at CC - ask Custodial or Non-Custodial Sentence?
(2) YES - if D pleads GUILTY

24
Q

When deciding whether a D should ELECT to have their Trial in the MC or CC, consider the differences between the courts on the following:

(1) Cost
(2) Speed
(3) Rates of Acquittal
(4) Sentences

A

(1) COST
MC - cheaper, CC - expensive (D may contribute costs)
(2) SPEED
MC - faster, CC - slower
(3) RATES OF ACQUITTAL
MC - Lower CC - higher
(4) SENTENCES
MC - Lower, CC - higher

25
Q

When deciding whether a D should ELECT to have their Trial in the MC or CC, consider the differences between the courts on the following:

(5) DEFENCE Disclosure
(6) Admissibility of EVIDENCE

A

(5) DEFENCE DISClOSURE
MC - Optional, CC - Compulsory
(6) EVIDENCE
MC - Magistrates hear all evidence before deciding admissibility (bias)
CC - ‘VOIR DIRE’ (jury removed + decided if evidence admissible)

26
Q

For an ‘Either Way’ Offence tried in MC (Summarily) + D pled ‘NOT GUILTY’, what are generally the 3 main hearings?

(1)(a)(b), (2), (3)

A

(1) FIRST HEARING (MC)
(a) Plea Before Venue (PBV)
(b) Allocation

(2) PREPARATION FOR TRIAL HEARING

(3) TRIAL (MC)

(4) SENTENCE (MC or CC)

27
Q

For an ‘Either Way’ Offence tried in CC (Indictably) + D pled ‘NOT GUILTY’, what are generally the 4 main hearings?

(1)(a)(b), (2), (3), (4)

A

(1) FIRST HEARING (MC)
(a) Plea Before Venue (PBV)
(b) Allocation

(2) PLEA AND TRIAL PREPARATION HEARING (PTPH) (CC)

(3) TRIAL (CC)

(4) SENTENCE (CC)

(APD) Criminal Litigaiton (22 decks)

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