Pre-trial: First hearings Flashcards
Where do all adults have their first hearing?
Magistrates court
When must the first hearing be within where prosecution anticipates a guilty plea at the Magistrates court?
14 days of being charged
When must the first hearing be within where prosecution anticipates a not guilty plea or case is likely to go to the crown court?
28 days of being charged
When must the first hearing be if the defendant is detained in custody following charge?
Must be brought before the next available court
What happens if the defendant is on bail and fails to be present at the first hearing (FTS)?
Warrant for arrest
Can the court proceed with a first hearing without the defendant?
Yes if possible, not usually where hearing will deal with allocation
Is non-appearance an offence if defendant is summonsed to court?
No
What is the consequence of defendant not appearing when summonsed?
Can proceed
Penalty imposed in absentia
When are the prosecution obliged to serve IDPC and on who?
No later than the beginning of the day of the first hearing
Court officer/D and solicitor if requested
What happens if the prosecution fails to serve IDPC?
Adjourn first hearing and/or award costs to defence
What needs to be included in the Initial details of the prosecution case?
- Summary of circumstances of offence
- Any account given by D in interview
- Written statements + exhibits available/material to plea, trial or sentence
- Victim impact statements
- D’s criminal record
What needs to be included in the IDPC where the defendant was in police custody before the first hearing?
o Summary of circumstances of offence
o D’s criminal record
Which form will the IDPC assist in filling out?
Preparation for Effective Trial form
What happens at the first hearing for summary/either way offences?
- plea
- bail
- representation and legal aid
- might progress to sentence
What happens at the first hearing for indictable only offences?
- Bail
- Legal aid
- Sent to Crown Court for plea
What offence will never go to the crown court?
Summary only where there is no other offence connected to be tried at crown court
What are the offences that must be sent for trial at crown court if connected to an indictable offence?
- Common assault
- Assaulting prison/secure training centre officer
- Taking motor vehicle/other conveyance without authority
- Driving while disqualified
- Criminal damage
What are the offences that must be sent for plea only at crown court if connected to an indictable offence?
Any summary matter not listed but punishable by disqualification from driving or imprisonment.
What happens if a defendant pleads guilty for a summary only offence?
Proceed to sentence
What happens if a defendant pleads not guilty for a summary only offence?
Court sets trial date
PET form
Who monitors the standard directions given by court?
Case progression officer
What can happen at pre trial hearings?
Pre trial rulings
Who can apply for a pre-trial ruling?
Prosecution, defence, court own motion
When is a pre trial ruling binding on a case?
Until disposed of by:
- conviction/acquittal
- prosecution decision not to proceed
- dismissal
When can the court discharge or vary a pre trial ruling?
Interests of justice to do so and parties given opportunity to be heard
When can a party apply for a pre trial ruling to be varied/discharged?
Material change in circumstances
When can a defendant plead guilty by post for summary only offences?
- Commenced by summons or requisition and
- Prosecution served summary of evidence and
- Prosecutor served information relevant to sentence
What happens at first hearing for EW offences?
- Plea
- Copy of IDPC
- Charge written down and read out to D.
What plea can D give?
- Guilty
- Not guilty
- No indication (not guilty)
What must D be warned about if they plead guilty?
they can be:
* Sentenced by court or
* Committed to CC for sentence if MC insufficient powers.
What must a guilty plea be?
Unequivocal
Does a sentence have to be passed immediately after a guilty plea for EW offences?
No can be adjourned for pre-sentence report
When should the magistrates court order a pre sentence report for the crown court?
- Realistic alternative to a custodial sentence or
- D may be a dangerous offender or
- other appropriate reason
How does the court consider the allocation guidelines?
- Sentencing powers would be insufficient
- Reasons unusual legal, procedural, factual complexity, should be CC
If the magistrates court retains jurisdiction, what does it explain to the D?
- Decided summary trial is more suitable
- D can consent to be tried summarily, or by jury
- D can still be committed to CC for sentence
Can magistrates commit for sentence at Crown court after trial?
Yes
How can the defendant ask for an indication of sentence?
Can ask for indication if they were to plead guilty instead
Does the court have to give an indication of sentence?
No, court discretion
What is the court confined to regarding indication of sentence?
Telling defendant whether custodial or non-custodial
What is the effect of a non custodial indication?
Binding on magistrates
What does the court ask when defendant elects not guilty/no indication?
- If they consent to being tried at MC meaning case adjourned
- If they want trial by jury = transferred to CC
What are the reasons to elect trial on indictment?
- higher acquittal rate
- Voir dire procedure (separate trial of law and fact)
- CC doesn’t always sentence more harshly
- More chance of legal aid
What are the reasons to consent to summary trial?
- Less formal
- Less waiting
- Quicker
- Doesn’t require defence statement
- cheaper
- Magistrates have to provide reasons
- Less sentencing powers (however power to commit)
What happens if a defendant consents to a sumary trial?
- Progresses as if summary only
- Sets a trial date
- Conducts any case management
What are the areas of excecption to summary/EW/indictable and what court they will be dealt with?
- Low value shoplifting
- Criminal damage
- Complex fraud/child witnesses
What is the limit for low value shoplifting and what type of offence will it be classed as?
£200 or less
Summary only
When will criminal damage be tried in the crown court?
More than £5000 or caused by fire
What is the max sentence for low value criminal damage?
3 months or level 4 fine
What are the either way offences that will always be tried in the crown court?
Complex fraud
child witnesses
What is complex fraud?
At least 2 of:
- >£500,000
- significant international dimension
- specialised knowledge of financial/commersical/fiscal/regulatory matters
- numerous victims
- substantial/significant on public body
- public concern
