Pre-trial Matters

Question 1

A defendant appears in the magistrates’ court charged with two separate offences and at the plea before venue hearing they indicate a not guilty plea to one offence and a guilty plea in relation to the other offence. If the defendant elects a trial in the Crown Court for the not-guilty offence, which court will sentence the woman for the guilty offence?

Answer 1

In this situation, the magistrates have a choice as to what to do with the offence to which the defendant has pleaded guilty. They may either sentence the defendant themselves or commit the defendant to the Crown Court for sentence. This will often depend on whether the two offences are linked or not. If they are not, the magistrates’ court may be more likely to sentence the offender, whereas if they are linked, the magistrates may be more likely to send them both up to the Crown Court to be dealt with.

Question 2

Where is a case tried where two or more defendants are charged with the same offence and one of the defendants elects trial in the Crown Court?

Answer 2

If one of the defendants elects trial in the Crown Court, all of the defendants will be sent to the Crown Court for their joint trial regardless of the other defendant(s)’s decision on venue.

Question 3

When will a case be tried in the magistrates court where two or more defendants are charged with the same offence?

Answer 3

The trial will only take place in the magistrates’ court if the magistrates decide the offence to be more suitable for summary trial and both defendants consent to summary trial.

Question 4

Where is the location of the first hearing? (adults)

Answer 4

All adult defendants have first hearing in a magistrates court.

Question 5

What is included in the ‘Preparation for Effective Trial form’? (PET)

Answer 5

• Defendant’s and legal representative’s contact details;
• names, numbers, types of witnesses and which party requires their attendance at court;
• the estimates length of trial;
• identification of trial issues;
• advance warning whether any applications are to be made;
• whether any prosecution statements can be read
• whether any special arrangements need be made; and
• that the defendant advocate has advised D of credit for early guilty plea and that trial will go ahead in D’s absence if D fails to attend on the trial date

Question 6

How long is the average summary trial?

Answer 6

One day - if longer the court should scrutinise

Question 7

In a summary only trial, does the defendant need to attend court?

Answer 7

No, if all the necessary documentation is completed, the defendant can plead guilty in writing without the need to attend court.

For offences such as speeding or driving without a licence.

Question 8

When can a defendant plead guilty by post?

Answer 8

Summary only where:

• matter has been commenced by summons or requisition; and
• the prosecutor has served a summary of the evidence on which the prosecution case is based; and
• prosecutor has served information relevant to sentence
• defendant completes all necessary documentation and pleads guilty in writing

Question 9

Where will an adult defendant charged with common assault generally make their first appearance, have their trial and be sentenced?

Answer 9

In a magistrates’ court for first appearance, trial and sentencing.

Question 10

What are the standard direction which might be made on a not guilty plea to a summary only offence?

Answer 10

• Bad character evidence
• Hearsay evidence
• Special measures disclosure
• Expert evidence
• Editing transcripts of interviews