Procedure in the Magistrates Court Flashcards
Procedure in the Magistrates Court
Function of the Magistrates Court
Try Summary-Only offences
PBV Hearings for Either-Way offences
Allocation Hearings (if no plea or NG plea)
Sentence Ds after Summary Trial
Send Ds to CC- if indictable only or as per Allocation)
Committ Ds to sentence in CC after EW offence c’n
Bail Applications
Warrants Issued re: Arrest and Search
Restraining Orders/Assets Frozen/Warrants
Procedure in the Magistrates Court
Role of the Justice Clerk
Qualified Barristers and Solicitors with 5yrs Experience
Advise on matters of law/evidence and procedure
(magistrates decide matters of law and fact and guilt)
Procedure in the Magistrates Court
Magistrates Court Sentencing Limitations
Max 6mths for for Summary-Matter
Max 12mths for single either-way offence
Fine value unlimited
Procedure in the Magistrates Court
First Hearing in Magistrates Court- how long after arrest? What form served to Accused?
Happens within 24hrs of arrest (not sundays)
Initial Details of Prosecution case (IDPC) served to Accused before First Hearing as per CrPR 8- served as soon as practicable & in any event no later than start of first hearing.
Procedure in the Magistrates Court
Preparation for Trial Hearing
MC hold this for any Summary Trial
Court gives Directions for Effective Trial and the Preparation for Effective Trial (PET) form completed.
Credit for guilty plea explained
D can ask if custodial sentence likely
Any relevent info re: sentencing provided
Court takes Ds plea (or likely plea)
Court satisfied (if trial) that D understands:
He has right to give evidence after Prosecution
If he doesn’t attend, trial goes ahead in his absence
If on bail, failure to attend is an offence
Procedure in the Magistrates Court
Summary Trial Procedure
6 Steps…
(if not guilty plea)…
1. Prosecution presents case first
2. Prosecution makes opening speech
3. Prosecution witnesses (exam/cross/re-exam)
4. Defence Case presented (usually no speech)
5. Defence witnesses (exam/cross/re-exam)
6. Closing speeches- Defence goes last
Defendent has 21 days to appeal against conviction/sentence
