S1

Question 1

When can the defendant (‘D’) recover their costs?

Answer 1

Where D has been acquitted the court has the discretion of making an order for the payment of costs to D.
Generally the court will make this order, unless there are positive reasons for not doing so, e.g.:
(i) D’s own conduct brought suspicion on himself and has misled the prosecution that the case was stronger than it was.

Question 2

How much can D recover? (Costs)

Answer 2

Anything, up to the full amount claimed by D.

Question 3

What factors are considered when making an order for costs against D? (3)

Answer 3

(1) Choice of court - D should NOT be punished for electing jury trial.
(2) Plea - A guilty plea will make the court more lenient in ordering costs, whereas a NG plea in the face of a strong case against him will make the court more persuaded to penalise in costs.
(3) The sentence - A custodial sentence will make a costs order more unlikely unless D has sufficient funds. Where a non-custodial sentence is given, D will be ordered to pay his own costs.

Question 4

When is a wasted costs order made?

Answer 4

This order may make a party pay costs for an ‘unnecessary or improper act or omission’.
Such an order may be made against legal representatives for improper acts or omissions. The test is whether the negligence, or improper acts or omission caused the costs and whether it would be unreasonable to make the party pay for them.

Question 5

Can costs be awarded against third parties?

Answer 5

If there is gross misconduct or any other situation that the court deems it appropriate, an order for costs against a third party may be made.

Question 6

When is free legal assistance and representation available to a magistrate?

Answer 6

D will receive free legal assistance and representation, subject to passing interests of justice test (CC + Mags) and a means test (Mags).

Question 7

What is the interests of justice test?

Answer 7

INTERESTS OF JUSTICE TEST= does D’s case deserve legal aid? Consider eg:

• Whether D would face a custodial sentence, lose his livelihood or reputation;
• Substantial q of law in proceedings;
• Whether D will understand proceedings
• Whether proceedings will require W to be traced or interviewed, or cross examination of an expert
• Interests of someone
• Interests of someone else that D be represented.

Question 8

What is the means test?

Answer 8

MEANS TEST (Mags only)= is D too poor to pay for legal representation? Those earning over £21,000 unlikely to pass

Question 9

What can D do if funding is refused?

Answer 9

If it is refused on the interests of justice, D can appeal to court.
However, there is no appeal where D has been found ineligible on financial grounds.

Question 10

What is the overriding objective in criminal proceedings? (1) (2) (A-G) (G - I - IV)

Answer 10

Overriding Objective – R1.1

(1) The overriding objective of this new code is that criminal cases be dealt with justly.
(2) Dealing with a criminal case justly includes— (a) acquitting the innocent and convicting the guilty;

(b) dealing with the prosecution and the defence fairly;
(c) recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights;
(d) respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case;
(e) dealing with the case efficiently and expeditiously;
(f) ensuring that appropriate information is available to the court when bail and sentence are considered; and

(g) dealing with the case in ways that take into account—
(i) the gravity of the offence alleged,
(ii) the complexity of what is in issue,
(iii) the severity of the consequences for the defendant and others affected, and
(iv) the needs of other cases.
if stuck refer to quick notes on S1

Question 11

What must happen if there has been significant non compliance with the rules and practice directions?

Answer 11

must inform the court at once.

Question 12

those involved in the conduct of a case must act in accordance with?

Answer 12

1. rules

2. practice directions.

Question 13

In what 3 ways must a court further the overriding objective?

Answer 13

Court itself must further overriding objective when:

(a) exercising any power given to it by statute,
(b) applying any practice direction, or
(c) interpreting any rule or practice direction

Question 14

Who is responsible fr the progression of a case?

Answer 14

All parties accountable for the progression of the case.

Question 15

What is a case progression officer?

Answer 15

In every case, an individual is appointed as the case progression officer (CPO) to be responsible for progressing the case.
• Prosecution, defence and court must each have a CPO and their contact details must be exchanged.

Question 16

Why are courts given significant powers to manage cases efficiently and effectively?

Answer 16

Courts given significant powers to manage cases efficiently and effectively
Principle: Facilitate overriding objective by allowing courts to be active in case management

Question 17

In actively managing a case, a number of objectives are identified: (8)?

Answer 17

In actively managing a case, a number of objectives are identified:
◦ identifying the real issues at an early stage;
◦ identifying the needs of witnesses at an early stage;
◦ setting a timetable for the progress of the case, and deciding what must be done, by whom and by when;
◦ monitoring case progress and compliance with any directions;
◦ ensuring that evidence is presented in the most succinct and clear way;
◦ avoiding unnecessary hearings;
◦ encouraging co-operation;
◦ using technology.

see overall guide S1 if struggling.

Question 18

• Applications for directions, representations and any resultant hearings may take place via? (3)

Answer 18

• Applications for directions, representations and any resultant hearings may take place via letters, telephone or electronic communications

Question 19

Can the court give a direction without a hearing?

Answer 19

• Alternatively, the court may give a direction without a hearing and can specify ‘the consequences’ of failure to comply with a direction

Question 20

What can the court do if a party fails to comply with a rule or direction?

Answer 20

◦ failure to comply with a rule or direction may lead to changes to a hearing (it may be fixed, postponed, extended or cancelled), a costs order may be made to penalise the defaulting party or ‘the court may impose such other sanction as may be appropriate’.

Question 21

Directions for case management must be?

Answer 21

given in each case as early as possible and the parties are to actively assist the court

Question 22

Which cases will require the completion of a case progression form?

Answer 22

Cases which are tried summarily in the magistrates court.

Question 23

What does a cases progression form do?

Answer 23

the form, together with the guidance notes, sets out a case progression timetable for effective preparation of the case, it includes a comprehensive set of standard case preparation time limits.

Question 24

What happens in regards to a case progression forms when a case is committed or sent to the crown court for trial?

Answer 24

initially complete a magistrates court directions form and then a plea and case management hearing will be scheduled. in order to prepare for a trial in the crown court, the crown court must conduct a PCMH unless the circumstances make it unnecessary.

Question 25

When is a PCHM not held?

Answer 25

when the circumstances make it unnecessary

Question 26

What is a PCMH

Answer 26

Plea and case management hearing.

Question 27

When should the PCMH take place after the case is sent to crown court for trial? (NB. Different time limit if in custody vs on bail).

Answer 27

within about 14 weeks after sending the case for trial if the D is in custody, or about 17 weeks if on bail

Question 28

How was the CPS created?, who is head, and who is superintendent?

Answer 28

CPS created by prosecution of offences act, a single, national prosecution service. the DPP is head and the AG is superintendent.

Question 29

What is the duty of the CPS?

Answer 29

take over and conduct all criminal proceedings commenced by the police. Includes power to discontinue proceedings or to change/ amend any charges.

Question 30

Criminal procedure rules enable justices clerks to make a number of?

Answer 30

administrative decisions.

Question 31

What is the purpose of allowing justices clerks to make a number of administrative decisions?

Answer 31

to reduce delays of requiring 3 people to make decision, and to attempt to achieve continuity of handling of case.

Question 32

what power does a single justice have?

Answer 32

can exercise the powers of a magistrates court, such as extending bail, imposing/ varying bail conditions and dismissing an information.

Question 33

What is the purpose of an early administrative hearing?

Answer 33

designed to take place early in proceedings for the purpose of dealing with the issue of legal representation.

Question 34

the first appearance after charge (other than indictable only and related offences) shall be before a court with X justice?

Answer 34

one justice

Question 35

At the first appearance after charge (other than indictable only and related offences) what happens during this first appearance? (3)

Answer 35

At this hearing, Defendant:
• Shall be asked if he wishes to receive legal representation, and
• If he does, his eligibility shall be determined, and
• If determined that he is eligible, the necessary arrangements/grant to him shall be made.

Question 36

What powers does a justice have?

Answer 36

Justice may use any of the powers of the M court as he thinks fit.

Question 37

Can a single justice remand a D in custody or on bail?

Answer 37

yes

Question 38

Does a clerk have power to remand in custody or on bail?

Answer 38

yes - but only on conditions previously imposed.

Question 39

Government initiative to improve speed and effectiveness of magistrates and youth courts via 2 main aims?

Answer 39

1. reduce number of hearings to one for guilty pleas and two for contested cases.
2. reduce average time taken from charge to disposal to 6 weeks or less.