Pre-trial Matters Flashcards
What is the procedure for a summary offence?
Defendant pleads guilty - prosecution informs Mag Court of the facts of case and defendant solicitor enters a plea in mitigation. Mag Court either sentences there and then or adjourns to sentence later. Bail determined before sentencing.
Defendant pleads not guilty - trial date is set. Case management directions are issued by Mag Court. Bail is determined before trial.
What is the role of the defence solicitor before trial?
Obtain a representation order if client is of limited means.
Take statement from client.
Obtain details of prosecutions case (disclosure)
Advise client on plea.
If either-way offence, inform the client that case may be held in MC or CC
Make bail application
What is the procedure for the plea before venue at Magistrates Court (either way offence)?
- Charge is read to D. Court checks D’s solicitor has received adequate disclosure from CPS.
- D is informed that they can plead guilty or not guilty.
- D is informed if they plead guilty, the court will convict and move to sentencing, or they may pass it on to the CC if MC’s sentencing powers are inadequate. The MC will also inform D they will receive credit for an early guilty plea.
- D then pleads guilty or not guilty. Guilty - CPS outline facts to magistrates and states any previous convictions, D enters plea in mitigation. MC go on to sentencing: they will determine if they sentence or send to D to CC for sentencing or, not guilty - MC proceeds to allocation.
What are the rules under s22A Magistrates Courts Act 1980 regarding low-value shoplifting?
Low value shoplifting is tried summarily unless D is 18 or over and elects to be tried in the Crown Court. In which case, D is sent to Crown Court for trial.
