SA4 Procedure in the magistrates' court, PBV and allocation for trial

Question 1

What happens when D indicates an intention to plead guilty at a PBV?

Answer 1

Regarded as having pleaded guilty, proceeds to sentencing.

Question 2

What happens when D indicates an intention to plead not-guilty at a PBV?

Answer 2

Regarded as having pleaded not-guilty, proceeds to determine allocation.

Question 3

What happens at the allocation stage?

What is the main consideration regarding allocation?

Answer 3

Prosecution makes representations on whether the case is more suitable for summary trial or trial on indictment.

Based primarily on whether the sentencing powers of magistrates are adequate.

Also if the case contains unusual legal, procedural or factual complexity, it should be tried in the CC.

Question 4

What is the maximum sentencing power in the magistrates for an either-way offence?

Answer 4

6 months.

Where dealing with two or more, the max aggregate sentence = 12 months.

Question 5

If D has a choice as to venue, before choosing, D can seek an indication of the sentence that would be passed if they pleaded guilty at that point.

a) Are the magistrates obliged to give an indication if one is sought?

b) If an indication is given and D wishes to change their plea, what happens?

Answer 5

a) No.
b) PBV procedure is repeated.

Question 6

What is the rule regarding allocation for multiple Ds on joint charges?

Answer 6

One up, all up.

i.e. if one goes to the CC, all must go to CC.

Question 7

Must D be present at the PBV?

Answer 7

Yes, unless D is both:

a) Legally represented AND

b) The court considers that, by reason of D’s disorderly conduct before the court, it is not practicable for proceedings to be conducted in their presence AND

c) The court considers that it should proceed in D’s absence.

Question 8

Must D be present at allocation?

Answer 8

Yes, unless

a) The court considers that, by reason of D’s disorderly conduct before the court, it is not practicable for proceedings to be conducted in their presence, OR

b) If D is legally represented, the representative signifies to the court D’s consent to the proceedings being conducted in their absence and the court is satisfied that there is good reason for proceeding in D’s absence.

Question 9

What are the special rules concerning the allocation of criminal damage?

Answer 9

If value <£5k, must be tried summarily.

If >£5k, court must determine allocation in the ordinary way.

Court not required to hear evidence when assessing value but should have regard to ‘representations’ of the parties.

Question 10

What are the special rules concerning the allocation for low-value shop-lifting?

Answer 10

If <£200, triable only summarily unless D elects for CC trial (i.e. mags cannot decline jurisdiction of their own account).

Multiple offences of low-value shoplifting are aggregated.

Question 11

When may the court give directions under s51 CJA 2003 for pre-trial hearings to be conducted via live-link?

Answer 11

When satisfied it is in the interests of justice to do so, and the parties to the proceedings have been given the opportunity to make representations.

The court must consider:
* Any need for that person to attend in person;
* The views of that person;
* The suitability of the facilities at the place where that person would take part in the proceedings via live link;
* Whether that person would be able to take part in the proceedings effectively;
* Where the person is a witness; the importance of his or her evidence to the proceedings;
* Whether the direction might tend to inhibit any party to the proceedings from effectively testing the witness’s evidence;
* The arrangements for members of the public to see or hear the proceedings as conducted in accordance with the direction.

Question 12

What factors should be taken into account when determining whether D should attend a sentencing hearing via live link?

Answer 12

• The potential penalty;
• Ensuring the explanations of sentence can be given satisfactorily for all participants and for the public;
• The preferences of the make of any Victim Personal Statement which will be read.
• Rarely appropriate for youth to be sentenced over live link.

Where an accused attends a preliminary hearing over live link and pleads guilty to the offence, and the court proposes to proceed immediately to sentencing, the accused may continue to attend through the live link provided the court is satisfied that it is not contrary to the interests of justice for this to take place.

The offender can give oral evidence over the live link only if the court is satisfied that it is not contrary to the interests of justice.

Question 13

If the accused is on bail, when should the first hearing take place if the prosecutor anticipates a guilty plea which is likely to be sentenced in the mags?

Answer 13

14 days after charge.

Question 14

When it is anticipated the accused will plead not guilty or the case is likely to be sent for trial/committed for sentence in the CC, when should the first hearing take place?

Answer 14

28 days after charge (or the next available court date thereafter).

Question 15

When does a preparation for trial hearing take place?

What happens at this hearing?

Answer 15

A mags must conduct a preparation for trial hearing (unless accused sent to CC for trial or enters a written guilty plea, or the single justice procedure applies).

The court must give directions for an effective trial. If the accused is present, the court must:
a) Satisfy itself that the accused understands that credit will be received for a guilty plea.
b) Take the plea from the accused.
c) Satisfy itself that the accused understands that, at the trial, they will
(i) Have the chance to give evidence.
(ii) If the accused doesn’t attend, the trial is likely to take place in his or her absence; and
(iii) If released on bail, failure to attend court when required to do so is an offence which may lead to arrest and punishment, and bail may be withdrawn.

Mags decide on qs as to the admissibility of evidence/any questions of law etc. rulings may only be made if the court has given the parties the opportunity to be heard.

If the accused is unrepresented, they must be given the chance to apply for legal aid.

Question 16

What are the procedural steps for a PBV hearing?

Answer 16

a) The charge is written down and read to the accused.

b) The court explains that the accused may indicate their plea and what this will mean.

c) The court asks the accused to indicate their plea.

d) If the accused indicates guilty, the court proceeds with sentencing.

e) If the accused indicates not guilty, allocation must take place.

Question 17

What happens if the accused fails to give an indication of intended plea at a PBV hearing?

Answer 17

The court will regard this as an indication to plead not guilty.

Question 18

Where an indication of sentence is given, and the accused does not choose to plead guilty on the basis of it, is the sentence indication binding on the mags who later try it summarily/on the CC if the accused elects trial on indictment?

Answer 18

No

Question 19

Where an indication of sentence is given, and the accused pleads guilty on the basis of it, is the sentence indication binding on the mags / the CC for sentence?

Answer 19

Yes, unless it appears to the mags that the criteria for the imposition of a sentence under s267 (extended sentences for dangerous offenders) would be met.

Where D is committed to the CC for sentence, not where the offence committed for sentence is a specified offence in respect of which the mags has stated that it also had power to commit the offender for sentence.