Plea Before Venue And Allocation Of Court

Question 1

What is plea before venue?

Answer 1

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.

Question 2

What is IDPC

Answer 2

initial details of prosecution case

Question 3

What is the content of IDPC? Initial details of prosecution case?

Answer 3

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

Question 4

What does the IDPC include?

Answer 4

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

Question 5

What part of Criminal Practice DIrection is the IDPC in?

Answer 5

CrimPR part 8

Question 6

What to advise on plea

Answer 6

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.

Question 7

What are the benefits of crown court?

Answer 7

Greater chance of acquittal

Better procedure for challenging admissibility of prosecution evidence

More time to prepare for case

Question 8

What are the benefits of the magistrates court?

Answer 8

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

Question 9

What are the benefits of pleading guilty?

Answer 9

Client will receive reduction of setnence

Question 10

What are the limitations if the client pleads not guilty but they are guilty

Answer 10

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.

Question 11

What is the procedure that will take place for an either way offence when the D appears before magistrates court?

Answer 11

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

Question 12

What happens if the D indicates a guilty plea?

Answer 12

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.

Question 13

What are the sentencing powers in the magistrates court

Answer 13

6 months imprisonment for either way, and 12 months imprisonment for 2 or more either way offences.

Question 14

What will the magistrates look at when deciding if their setnencing powers are sufficient?

Answer 14

Overall seriousness of offence, guidelines in magistrates court sentencing guidelines, and consider if any aggravating or mitigating factors present.

Question 15

What happens if magistrates decide their setnencing powers are insufficient?

Answer 15

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.

Question 16

What are the procedures ss 19-20 magistrates court act?

Answer 16

If D indicates OT GUILTY plea to either way offence, court shall sent D to crown court for trial if:

• the D is sent to crown court for trial of a related offence
• D is charged jointly with another offender who is sent to crown court for related offence
• D is charged jointly or charge with related either way offence with a youth d who is sent for crown court fo trial

In all other cases where non guilty plea is indicated, the court must DETERMINE whether offence appears more suitable for summary trial or trial on indictment (s19)

Question 17

What is the procedure set out in ss 19-20 magistrates court act?

Answer 17

Prosecution will inform court of facts
Magistrates will consider any representations, sentence, allocation guidelines, aggregated sentences, if more suitable for indictment offence, if court is more suitable for summary trial.
D may request indication of setnence (custodial or not), should be no more specific than that.
Court may, not does not have to give indication of sentence.

Question 18

What happens if the court gives the D an indication of setnence, and then the D changes his plea to guilty?

Answer 18

They cannot change that setnence. If they said a noncustodial and then the D change, they cannot impose a custodial setnence.

Question 19

What is s 50A of crime and disorder act?

Answer 19

In certain circumstances, either way offences are sent STRAIGHT to crown court in accordance with s 50A.

This is where. :

Notice has been given by DPP. Notice is given that evidence is sufficient to put a person on trial for offence.

Notice has been served int eh case of children, that evidence is sufficient…

Where either way offence related to offence triable only on indictment, or covered by notice in respect of which same D is being sent o crown court. Where D is sent to crown court, court must at the same TIME sent the D for trial of either-way offence which appears to the court RELATED.

Where there is an either way offence rated to indictment offence, or in respect of another D being sent to crown court.

Question 20

If the defendant is committed to crown court for sentencing, will the defendant be remanded or bail?

Answer 20

Where a D pleads guilt at the plea before venue and is committed to crown court, the magistrates will not ALTER the position of bail or custody.

Therefore, when a D has been on BAIL, and enters a guilty plea, the magistrates ar likely to grant them bail against, EVEN if they may receive a custodial sentence.

Question 21

If a defendant pleads NOT GUILTY in plea before venue, what is the process from that point onwards?

Answer 21

The magistrates must decide on ALLOCATION

If the magistrates believe indictment is more suitable, it will go to crown court.

If more suitable for summary trial, then may go that direction.

The defendnat may request an indication of sentence, and as a reuslt may reconsider plea.

If a NOT GUILTY plea is maintained, and D consents to summary trial, it will stay in the magistrates court.

Question 22

If a defendant PLEADS GUILTY at the plea before venue, what are the next steps?

Answer 22

If the magistrates sentencing powers are adequate, then it will go to the magistrates court.

If NO, then committed to crown court for sentence.

Question 23

What are the 4 situations where a D may be sent STRAIGHT to the crown court, without allocation?

Answer 23

If notice in fraud cases has been given, which shows the evidence is SUFFICIENT.

Where notice, in child cases, has been given that the evidence is sufficient.

Where either way offence relates to indictable offence that is going to the crown court.

Where the either way offence relates to an indictable offence in respect of another D being sent to crown court.