Plea Before Venue And Allocation Of Court Flashcards
What is plea before venue?
This is what happens if the D pleads NOT GUILTY to an either way offence, and the magistrates have to decide whether to keep the case or take it to crown court - client can also choose.
What is IDPC
initial details of prosecution case
What is the content of IDPC? Initial details of prosecution case?
D is entitled to recieve IDPC for all offences. D solicitor will ether contact CPS or email solicitor. Allows parties in criminal cases to access information.
Where CPS wishes to introduce information contained in a document that the defence s entitled to and that document has NOT been made available defence, the court must not allow prosecution to introduce that information, UNLESS the court first allows the D SUFFICIENT TIME to consider it
What does the IDPC include?
Where the D was in polic custody fr the offence charge immediately before first hearing at t magistrates:
Summary of circumstnaces of offence
D criminal record
In all other cases:
Summary of circumstnaces
Any account given by D in interview
Any written witness statements
Criminal record
Victim impact statement, if available
What part of Criminal Practice DIrection is the IDPC in?
CrimPR part 8
What to advise on plea
Clients response to prosecution case - any points of dispute, should listen to interview to check it is accurate. If made any admissions, see if they are true.
Check the strength of the prosecution case
If it is necessary to obtain further evidence in support of D case.
Where client has been charged with either way, gives the choice of magistrates or crown.
What are the benefits of crown court?
Greater chance of acquittal
Better procedure for challenging admissibility of prosecution evidence
More time to prepare for case
What are the benefits of the magistrates court?
Limited setencing powers (12 months imprisonment)
Speed and stress
Prosecution costs are cheaper
Defence costs, if granted legal aid, D is not required to continue towards their defence costs. In crown court, all legal aid applications are subject to financial eligibility test.
No obligation to serve defence statement
What are the benefits of pleading guilty?
Client will receive reduction of setnence
What are the limitations if the client pleads not guilty but they are guilty
Must be advised that the solicitor may represent them, but are LIMITED to what they can do, due to overriding duty to not mislead the court.
Can cross-examine, and can make a submission of no case to answer at end of prosecution case.
Would NOT be able to continue acting f I the submission of no case to answer was unsuccessful and D is insisting on entering witness box to give evidence.
What is the procedure that will take place for an either way offence when the D appears before magistrates court?
Charge will be read out to D by court lega adviser, who will check that the D solicitor has received IDPC
Legal advise will then tell D that they may indicate tot court how they woudl plead if matter were to proceed to trial. Legal adviser will tell D that if they indicate a guilty plea, they wll then be treated as having pleaded guilty before magistrates.
Legal adviser will then ask the D to indicate plea
What happens if the D indicates a guilty plea?
Treated as having been tried summarily and convicted. CPS will then outline facts of the case to magistrates and tell them about any previous convictions. D solicitor will give a plea in mitigation.
Magistrates will decide if setnencing powers are sufficient to deal with case, or setnence in crown court.
What are the sentencing powers in the magistrates court
6 months imprisonment for either way, and 12 months imprisonment for 2 or more either way offences.
What will the magistrates look at when deciding if their setnencing powers are sufficient?
Overall seriousness of offence, guidelines in magistrates court sentencing guidelines, and consider if any aggravating or mitigating factors present.
What happens if magistrates decide their setnencing powers are insufficient?
Commit D to crown court for setnence pursuant to s 3 of powers of Criminal COurt Act 2000
D will be either remanded in custody o n bail.