Procedure in the Magistrates Court Flashcards
When must prosecutors share initial details of their case?
ASAP, and no later than beginning of day of first hearing unless the accused requests it earlier.
Define “initial details” of the prosecution’s case?
If the accused is in custody: summary of offence and accused’s criminal record.
If accused not in custody: summary of offence, accused’s account from interview, written witness statements, criminal record and victim impact.
What is the purpose of prosecution sharing initial details?
To provide the court an informed view on plea and venue for trial.
What is the consequence of the prosecution not supplying initial details?
Likely adjournment and a costs sanction.
CrimPR Rule 8.4?
Prosecutor cannot introduce not-yet-served information unless D has been granted sufficient time to consider it.
King v Kucharz [1989]?
Court can’t dismiss charges just because prosecution did not comply with initial details requests.
CJA 2003, s.51?
Court can require or permit participation in some proceedings via live link.
What proceedings are eligible for live link attendance?
Preliminary hearings, hearings after a guilty plea, sentencing hearings.
When may a court direct attendance via live link?
When in the interests of justice and all parties have had an opportunity to give representations.
What happens to sentencing when an ambiguous plea is entered?
Court mustn’t proceed to sentencing and instead should explain relevant law and seek the genuine plea of accused.
What should happen if a plea can’t be clarified?
If accused cannot or will not respond to their indictment, court should enter a plea of not guilty.
What should magistrates do when dealing with accused of indictable or either-way offence?
Immediately proceed to the matter of allocation, including sending to CC.
CrimPD para.3A(6)?
If accused is charged with summary offence magistrates should prepare immediately for trial or sentencing.
When should the first hearing for a bailed accused occur?
14 days after charge where a guilty plea is anticipated; 28 for not-guilty.
CJA 1998, s.50(3)(b)?
Upon adjourning first hearing at magistrates, accused may be remanded into custody or bail.
CrimPR 3.16?
Magistrates must conduct PTPH unless there’s a guilty plea or case is sent to CC.
What might necessitate multiple pre-trial case management hearings?
Anticipation of a guilty plea; need for hearings to have effective trial; setting rules for questioning.
What must court ensure at PTPH?
That the accused understands the gravity of the proceedings, their plea, and that the trial will be effective.
What is discussed in PTPH for summary trials?
Hospital orders, evidence and law admissibility and the eligibility and granting of legal aid.
What is the rule on magistrates’ pre-trial rulings?
They are binding until disposal of the case, though the court can vary them if there’s a change of circumstances.
What is Leveson’s approach to criminal procedure?
For not-guilty pleas, parties must identify issues in dispute to the court. Proceedings should be constrained to this only.
What is ‘live evidence’?
Any matter disputed between parties and thus the focus of any case.
SA 2020, s.14?
Magistrates can refer accuseds to be sentenced in CC so there’s no benefit of choosing summary for an either way offence.
What is a benefit of choosing a summary trial for either way offences?
They’re often shorter and cheaper so a good option if you can’t secure legal aid.
What are some benefits of trial on indictment?
Submissions on evidence are made without the jury, and Ds are also entitled to witness statements of witnesses (though these are ad hoc shared at magistrates often).
What happens once a case is sent to CC following prosecution initial details?
Accused must give defence statement to court and prosecution
What is a defence statement?
Written statement setting out nature of defence, facts in issue, particulars that will be relied upon and any points of law.
Do summary trials need defence statements?
Defence statements aren’t required like indictments but can be shared within 14 days of prosecution disclosing unused material.
What must a court do if D is found guilty?
in a few clear simple sentences explain why they are been convicted / sent to hospital.
What is the allocation procedure for an either way offence?
1st- plea before venue to ascertain the intended plea
if not guilty, then consider MC or CC.
How many procedural steps are in adult plea before venues for either way offences?
5 steps for plea before venue hearings
What is the 1st step in a plea before venue hearing?
The charge is written down and read to the accused.
What is the 2nd step in a plea before venue hearing?
Court explains that the accused may enter a plea, and that a guilty plea could lead to immediate sentencing in magistrates.
What is the 3rd step in a plea before venue hearing?
Court asks the accused to indicate their plea: guilty or not guilty.
What is the 4th step in a plea before venue hearing?
If accused enters a guilty plea the court proceeds to sentencing
What the alternative 4th step in a plea before venue hearing?
If accused pleads not guilty an allocation mode of trial hearing must take place per MCA s.18
What is the statutory authority for Allocation (mode of trial) hearings?
MCA 1980 s.18.
How many stages are there in a mode of trial hearing?
8 stages to go through to choose mode of trial for either way offences.
What is the 1st stage of a mode of trial hearing?
P and D can make representations on whether summary or indictable is more suitable, and prosecution raise any previous convictions.
What is the 2nd stage of a mode of trial hearing?
????? not written megan
What is the 3rd stage of a mode of trial hearing?
Court decides on mode of trial considering allocation guidelines, representations and possible sentencing.
What is the 4th stage of a mode of trial hearing?
Accused can request to know whether a sentence would be custodial or not but aren’t required an answer. If given an answer, they can change their plea.
What is the 5th stage of a mode of trial hearing?
If accused changes to a guilty plea after hearing their prospective punishment, magistrates proceed to sentencing, adjourning where appropriate.
What is the 6th stage of a mode of trial hearing?
When court does not indicate potential sentence or D doesn’t change plea to guilty, they are asked if they consent to a summary trial.
What is the 7th stage of a mode of trial hearing?
Depending on if D consents to a summary trial, either proceed to trial or send to CC.
What is the 8th stage of a mode of trial hearing?
If it appears to magistrates that indictment is more appropriate, they inform D and send to CC.
What is the only way summary trials of either way offences happen?
Summary trials of either way offences can only happen with the consent of the court and of the accused.
What are the exceptions to allocating mode of trial?
Procedure is different for low-level criminal damage and shoplifting.
What pre-trial hearings should the accused attend?
Generally, physical presence at plea before venue and allocation hearings unless 3 things apply.
What 3 circumstances must be met for a pre-trial hearing to continue without the accused?
Accused must be represented; court must believe Ds conduct would impede proceedings; court believes it should proceed in Ds abence.
What’s the effect of magistrates indicating potential sentence at plea before venues?
Where a sentence is indicated and results in accused changing their plea to guilty, no court can impose custody unless it was indicated.
What is the exception to the binding effect of magistrates indication of sentence?
Indication of sentence for violent, sexual or terror crimes does not bind courts if one or more of the offences must be sent to CC. (i think)
MCA s.19(3)?
Lays out matters magistrates must consider when considering appropriateness of summary vs indictable trial.
What’s the maximum penalty magistrates can impose on summary convictions of either way offences?
12 months imprisonment and / or an unlimited fine.
ex Parte K [1997]?
Where complicated defences will be pled it is more suitable to send to CC (e.g. insanity).
What are the 2 exceptions to the guideline that either way offences should be tried summarily?
Indictment should be used where sentence would likely exceed magistrates powers or when there is unusual factual legal or procedural complexity.
What happens with allocation of joint defendants of either way offences?
If both adults, they must be informed that if one is sent to CC for trial so must the other.
What is the prosecution’s role in allocating mode of trial?
If serious fraud or injury to person with child witness they may serve notice to send to CC.
If not, they can only say what they prefer.
What are the offences that require consideration of value involved before allocation?
damage or destruction of property not by fire, aiding abetting counselling or procuring such offences.
What aren’t offences where the value needs to be considered before allocation?
Memorial damage, criminal damage by fire, intended or reckless endangering of life.
What is the cut off point for valuing whether a scheduled either way case should be tried summarily or indictable?
£5k is the ‘relevant sum’ (in replacement or repairs, not consequential losses).
What happens with scheduled either way offences that do not exceed the relevant sum?
If the value does not exceed £5k they must treat the case as if it were only summarily triable.
What happens with scheduled either way offences that do exceed £5k?
Scheduled offences exceeding £5k in value should have allocation decided as any other either way offence. It is not fact that these should all go to CC.
What happens if the court cannot ascertain the value of a scheduled offence?
The court must explain that the accused may consent to a summary trial. If refused, the ordinary procedure for determining mode of trial is continued.
What are magistrates sentencing powers for <£5k offences?
If the value is under £5k or unclear, magistrates are limited to a maximum 3 months imprisonment and £2.5k fine. There’s no committal for sentencing power.
What are magistrates sentencing powers for consented-summarily tried >£5k offences?
Penalties are same as any either way offence (up to 12 months imprisonment and unlimited fine). Though it can be committed for sentencing.
What is committal for sentence?
Where magistrates believe that the seriousness of the offence requires more severe punishment than they are authorised to impose.
How is the value of a scheduled offence calculated?
Hearing all parties’ representations - meaning submissions facts and documents. Prosecution can say they seek to prove only what can be clarified.
How is the value of joined scheduled offences calculated?
If 2 or more scheduled offences form a series or are founded on the same facts - the value is taken from the aggregate value of the offences.
How are low-value shoplifting offences allocated?
Shoplifting under £200 value is triable summarily only but adult accuseds can still request CC trial (unlike with criminal damage). The aggregation rule for joined offences applies.
Can magistrates send low value shoplifting to CC?
Low value shoplifting can’t be the sole count of an indictment. It can only be tried in CC if requested by D.
Are low-value shoplifting and shoplifting the same offence?
No. They must remain separate offences and therefore their values cannot be aggregated during calculation for allocation.
What is committal for sentencing subject to?
Magistrates are bound by legitimate expectation. If D has expressly or impliedly been led to believe magistrates will sentence they shouldn’t be sent to CC.
SA 2020 s.14?
If magistrates court have convicted D of one or more either way offences and believe the severity exceeds their powers they can send to CC for sentencing.
SA 2020 s.18(1)
When D pleads guilty to either way offence and is sent for trial for related offences the magistrates can send to CC for sentencing on the guilty plea.
SA 2020 s.21(4-5)?
When magistrates send to CC a guilty pled either way offence CC may exceed magistrates sentencing powers if magistrates said their powers were inadequate or CC convicted of related offences.
What are the 3 ways an offence is sent to CC?
- Indictable only offences 2. either way offences deemed serious/complex enough at PBV hearing 3. voluntary bill of indictment
What is the court of first appearance?
When the offence is triable either way or on indictment Ds first appearance will be in MC.
What happens at Ds first appearance for indictable offences or post-allocation either ways?
Magistrates must send accused forthwith to the CC.
What are 2 unique cases that must be sent to CC?
Magistrates must send accused to CC forthwith where notice has been given in serious fraud cases or child witness cases.
What is the method of sending allocated either way offences to CC?
(1) plea before venue (2) D indicate4s plea and allocation is chosen (3) magistrates decline jurisdiction or D elects for CC.
What provision provides the authority and mechanism of sendings to CC?
Crime and Disorder Act 1998 s.51
If an adult is sent for CC trial under s.51, what happens to any related offences?
Any related either way or summary offences may also be sent to CC provided they are punishable by imprisonment or driving disqualification.
According to s.51 sending requirements when is an either way offence related to an indictable?
If the charges are founded on the same facts or form part of a series of offences of the same or similar character.
According to s.51 sending requirements when is a summary offence related to an indictable?
If it arises out of circumstances that are the same as or connected with those giving rise to the indictable offence. This is a narrower test than for joining either way.
Maxwell [2017]?
Only summary offences which have a close link to more serious offences sent to CC should trouble that court.
Osman [2017]?
bail offences committed while on bail or under arrest for original offence do not arise out of the circumstances that are the same as the indictable offence.
CrimPR 9.2(6-7)?
If one co-accused elects CC trial, the other accused charged with the same or related offence must be sent to CC even if otherwise suitable for summary trial.
What is the rule on sending co-accuseds to CC on either way offences?
A co-accused of an either way offence adult must (when appearing with accused) or may (when appearing subsequently).
What covers sending of co-accused juveniles of indictable offences?
Juveniles co-accused with adults are governed by s.51(7).
When will juvenile indictment defendants be sent with their co-accused to CC?
Court shall if it considers necessary in the interests of justice to do so send the child or young person forthwith to CC for trial for the indictable offence
What is a procedural result of sending a related summary offence to CC?
The summary trial for that offence is deemed adjourned by the magistrates without fixing the time and place for its resumption.
CDA s.51(13)?
The functions of a magistrates court under s.51 may be discharged by a single justice.
Are the accused required in court for s.51 hearings?
Their absence will not invalidate or delay proceedings or indictment, especially if represented - but court may issue an arrest warrant in their absence if refusing a summons or bail.
What specified summary offences if related to an indictable offence will be tried by a jury upon not-guilty plea?
Common assault, driving while disqualified, taking a motor vehicle without owner’s consent, criminal damage under £5k value.
CJA 1988 s.40?
The drafter of an indictment has a limited power to include counts for certain summary offences.
How is a summary offence treated if joined into an indictment?
Tried exactly as an indictable offence but if convicted the maximum penalty is limited to what magistrates could impose.
Lewis [2013]?
An indictment including s.40 summary offences remains valid even if the accused is acquitted of the indictable offence.
What offences can be joined on indictment under CJA s.40?
common assault including battery, assaulting a custody officer, prisoner, or training centre officer, taking a vehicle without owner’s consent, driving while disqualified, criminal damage £5k and under.
