Topic 3- Procedure in MC, Allocation, Sending to CC Flashcards
What must the prosecution first do before the first hearing?
Provide the court the initial details of the prosecution case as soon as reasonably practicable
If they fail to comply, the court can make a direction requiring compliance, or adjourn the hearing
What is a pre-trial hearing in Magistrates’?
This is the first time an accused appears before the MC
The court hear will hear evidence from the prosecution
MC may decide any questions of admissibility of evidence, or questions of law
Is a pre-trial hearing binding on the accused?
It is binding, until the case is disposed of
What is the case management a court must do where the accused pleads not guilty?
The court must hear the disputed issues and what evidence or witnesses are required
Must also produce a timetable for progress of the case
What happens if the accused gives an ambiguous plea?
Eg, Guilty, but it was an accident
The court should seek to ascertain whether the accused genuinely intends to plead guilty (if they had the mens rea)
If they cannot clarify the plea, the court will order a NOT GUILTY PLEA
What is the mode of trial?
This is the allocation stage for either way offences, where the court determines which court the case will be tried in
What are the stages of mode of trial (allocation)?
First stage is PLEA BEFORE VENUE- court ascertains accused’s intended plea
Second stage- determining whether the case will be heard in MC or CC
Plea before venue stage (PBV)
Where an accused is charged with an either-way offence, they appear before MC
The accused then indicates their plea of guilty or not guilty
What happens if the accused indicates a guilty plea in PBV stage?
The court proceeds as if the accused has pleaded guilty at summary trial- moves straight to sentencing
What happens if the accused indicates a not-guilty plea in PBV stage?
An allocation hearing will take place to decide which court the accused will be tried in
Allocation Hearing Stages of Procedure
1- Court hears pros and def’s representations about whether the offence is more suitable for summary trial or indictable trial
2- Court must then decide on which is more suitable, with considerations in mind
What considerations must the court have for deciding the venue for trial?
Whether the sentencing powers of the MC is adequate
Any representations by the prosecution
Allocation guidelines
If the court views summary trial more appropriate, what can the accused do?
They can either consent to be tried summarily or in Crown Court
Can the accused be told in allocation hearing what the sentencing would likely be if pleaded guilty?
Yes, they MAY be told whether the sentence would be custodial or non-custodial
Must the accused be presented at the PBV hearing and allocation hearing?
Generally yes, but the PBV can take place without the accused if-
- They are represented
- The accused has disorderly conduct in court
If the court gives an indication of sentence in allocation hearing, and the accused indicates a guilty plea, is this indicating binding?
Yes
If the court said they would impose a non-custodial sentence, they cannot impose a custodial sentence
When will the magistrates decline jurisdiction?
Where their sentencing powers are insufficient
The case will be then committed to Crown Court under SA 2020 Section 14
What are the allocation guidelines on either way offences?
That they should be tried summarily unless-
- The court do not have the sentencing powers
- The case is very complex, so should be tried in Crown Court
What happens if there are co-accused, and one is sent to the Crown Court for trial?
The other must be sent to Crown Court, even if they wanted to be tried summarily
Does the prosecution have any influence on allocation decision?
The prosecution cannot veto an allocation decision, unless
- The case involves fraud
- Involves child witness for assault cases
Then the prosecutor can serve notice to send the case to Crown Court
Exceptions to prosecution influence on allocation decision
If the case involves fraud, or involves child witness for assault cases, then the prosecutor can serve notice to send the case to Crown Court
Why would an accused consent to being tried in Crown Court?
An advantage of indictable trial is that submissions on admissibility of evidence are heard without jury
Also, defence are entitled to receive copies of witness statements
Why would an accused prefer to be tried in Magistrates?
Lower sentencing powers (6 months max)
Shorter and less formal
Cheaper
Can an accused elect trial on indictment if they have been charged with criminal damage offence under £5000?
No, they lose their right to elect trial on indictment
It will be sent to summary trial only
As long as value is under £5000
How do the court determine an ambiguous value of criminal damage when allocating?
The pros can say that they will not seek to prove the accused caused any more damage then can be established with clarity
Will the accused be able to elect for right to trial on indictment if they have been charged with two or more criminal damage offences?
Yes, as long as the total value of damages exceeds £5000
Where is low-value shoplifting (under £200) triable?
Can only be tried summarily
However, can give the accused the opportunity to elect indictable trial
Does an accused charged with low-value shoplifting retain the right to indictable trial?
Yes, they can elect for indictable trial
What is the maximum value of criminal damage for an accused to lose the right to indictable trial?
£5000
Can summary offences be heard in Crown Court?
Yes, but only for specific summary offences
- Common assault
- Driving whilst disqualified
- TVWOC
- Criminal damage (below £5000)
The charges must be founded on the same facts as the indictable offence that the accused has already been charged with
What must the defence do when the case is sent to Crown Court?
They must give a defence statement to the court and the prosecutor
Is there an obligation to provide a defence statement if tried summarily?
No, but they still can give one
Do the court need to give reasons for conviction in MC?
Yes they must give sufficient reasons to explain its decision
However, does not need to be in the form of a judgment, or elaborate
What is the legitimate expectation given by courts?
That if an offender has been led to believe that the MC will pass sentence, the MC cannot commit the accused for sentence
If an accused has indicated a guilty plea for an either way offence, and is sent for trial for one or more related offences, can the MC commit them to the CC?
Yes, if they feel their sentencing powers are inadequate
If an accused has been charged with an either way or indictable offence, where will their first appearance be?
It will ALWAYS be in the magistrates’ court for pre-trial hearing or mode of trial
If the MC sends an accused to Crown Court under s51 CDA, what happens to their other summary charges?
They must also be sent to the Crown Court for trial
If an accused has already been sent to CC for trial under s51 CDA, and then appears before MC charged with an either way or summary offence, what happens?
The MC may send the accused to the CC for trial of the either way or summary offence
If there are co-accused and one elects for Crown Court trial, what must happen to the other?
They must both be sent to Crown Court for trial, as long as they are charged with the same/related offence
What happens where an adult and an under 18 are co-accused and adult is sent to Crown Court?
The court will send the child to the Crown Court if necessary in the interests of justice
When will the court add counts for summary offences to the indictment?
There are specific summary offences that this applies to-
This can only happen if the summary offence comes under section 40 CJA 1988-
- Common assault, TVWOC, driving whilst disqualified, criminal damage under £5000
Also must be-
- Founded on the same facts or evidence as the indictable offence, OR
- Part of a series of offences of similar character as the indictable offence
If an accused has been charged with an indictable and a summary offence in the same circumstances, where will it be tried?
The MC must send both charges to the Crown Court, as they arose in the same circumstances
When an accused pleads guilty for an either-way offence in MC, but the magistrates’ feel their powers are inadequate, what will happen?
The MC will use their powers under section 14 SA 2020 to commit the accused to the Crown Court for sentencing
What happens where an accused has pleaded guilty to an either way, and is also sent for trial for a related offence?
The MC may commit the accused to the Crown Court for sentence as both can be joined on the indictment
If someone has been charged with an indictable offence and taking a vehicle without owner’s consent (TWOC), what will happen to the TWOC charge?
It may be added to the indictment with the Crown Court, as it comes under the either way offences under section 51 CDA 1998
Can the court sentence an accused via live link?
Yes, if the accused pleads guilty via live link, then he can be sentenced on the live link, as longs the court is satisfied it is not contrary to the interests of justice to do so
Will an accused lose his right to elect trial by jury for criminal damage by arson?
No, this is an exception to the rule- this is an either-way offence, so he can elect trial by jury
Where will the accused by tried if they commit £6000 of criminal damage?
They will be able to elect trial on indictment, as the value exceeds £5000
If an accused is charged with low-value shoplifting, do they have a right to elect trial by jury?
The Court must ask the accused if they wish to elect for trial by jury, and if he does not elect, it must be tried summarily
If an accused is first appears before MC charged with an indictable offence, what happens during the hearing?
The accused will immediately be sent to the Crown Court for trial without being asked to enter pleas in MC
