Topic 3- Procedure in MC, Allocation, Sending to CC

Question 1

What must the prosecution first do before the first hearing?

Answer 1

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

Question 2

What is a pre-trial hearing in Magistrates’?

Answer 2

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

Question 3

Is a pre-trial hearing binding on the accused?

Answer 3

It is binding, until the case is disposed of

Question 4

What is the case management a court must do where the accused pleads not guilty?

Answer 4

The court must hear the disputed issues and what evidence or witnesses are required

Must also produce a timetable for progress of the case

Question 5

What happens if the accused gives an ambiguous plea?

Eg, Guilty, but it was an accident

Answer 5

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

Question 6

What is the mode of trial?

Answer 6

This is the allocation stage for either way offences, where the court determines which court the case will be tried in

Question 7

What are the stages of mode of trial (allocation)?

Answer 7

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

Question 8

Plea before venue stage (PBV)

Answer 8

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

Question 9

What happens if the accused indicates a guilty plea in PBV stage?

Answer 9

The court proceeds as if the accused has pleaded guilty at summary trial- moves straight to sentencing

Question 10

What happens if the accused indicates a not-guilty plea in PBV stage?

Answer 10

An allocation hearing will take place to decide which court the accused will be tried in

Question 11

Allocation Hearing Stages of Procedure

Answer 11

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

Question 12

What considerations must the court have for deciding the venue for trial?

Answer 12

Whether the sentencing powers of the MC is adequate

Any representations by the prosecution

Allocation guidelines

Question 13

If the court views summary trial more appropriate, what can the accused do?

Answer 13

They can either consent to be tried summarily or in Crown Court

Question 14

Can the accused be told in allocation hearing what the sentencing would likely be if pleaded guilty?

Answer 14

Yes, they MAY be told whether the sentence would be custodial or non-custodial

Question 15

Must the accused be present at the PBV hearing and allocation hearing?

Answer 15

Generally yes, but the PBV can take place without the accused if-

• They are represented
• The accused has disorderly conduct in court

Question 16

If the court gives an indication of sentence in allocation hearing, and the accused indicates a guilty plea, is this indicating binding?

Answer 16

Yes

If the court said they would impose a non-custodial sentence, they cannot impose a custodial sentence

Question 17

When will the magistrates decline jurisdiction?

Answer 17

Where their sentencing powers are insufficient

The case will be then committed to Crown Court under SA 2020 Section 14

Question 18

What are the allocation guidelines on either way offences?

Answer 18

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

Question 19

What happens if there are co-accused, and one is sent to the Crown Court for trial?

Answer 19

The other must be sent to Crown Court, even if they wanted to be tried summarily

Question 20

Does the prosecution have any influence if the Court have made an allocation decision?

Answer 20

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

Question 21

Exceptions to prosecution influence on allocation decision

Answer 21

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

Question 22

Why would an accused consent to being tried in Crown Court?

Answer 22

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

Question 23

Why would an accused prefer to be tried in Magistrates?

Answer 23

Lower sentencing powers (6 months max)

Shorter and less formal

Cheaper

Question 24

Can an accused elect trial on indictment if they have been charged with criminal damage offence under £5000?

Answer 24

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

Question 25

How do the court determine an ambiguous value of criminal damage when allocating?

Answer 25

The pros can say that they will not seek to prove the accused caused any more damage then can be established with clarity

Question 26

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?

Answer 26

Yes, as long as the total value of damages exceeds £5000

Question 27

Where is low-value shoplifting (under £200) triable?

Answer 27

Can only be tried summarily However, can give the accused the opportunity to elect indictable trial

Question 28

Does an accused charged with low-value shoplifting retain the right to indictable trial?

Answer 28

Yes, they can elect for indictable trial

Question 29

What is the maximum value of criminal damage for an accused to lose the right to indictable trial?

Answer 29

£5000

Question 30

Can summary offences be heard in Crown Court?

Answer 30

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

Question 31

What must the defence do when the case is sent to Crown Court?

Answer 31

They must give a defence statement to the court and the prosecutor

Question 32

Is there an obligation to provide a defence statement if tried summarily?

Answer 32

No, but they still can give one

Question 33

Do the court need to give reasons for conviction in MC?

Answer 33

Yes they must give sufficient reasons to explain its decision However, does not need to be in the form of a judgment, or elaborate

Question 34

What is the legitimate expectation given by courts?

Answer 34

That if an offender has been led to believe that the MC will pass sentence, the MC cannot commit the accused for sentence

Question 35

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?

Answer 35

Yes, if they feel their sentencing powers are inadequate

Question 36

If an accused has been charged with an either way or indictable offence, where will their first appearance be?

Answer 36

It will ALWAYS be in the magistrates' court for pre-trial hearing or mode of trial

Question 37

If the MC sends an accused to Crown Court under s51 CDA, what happens to their other summary charges?

Answer 37

They must also be sent to the Crown Court for trial

Question 38

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?

Answer 38

The MC may send the accused to the CC for trial of the either way or summary offence

Question 39

If there are co-accused and one elects for Crown Court trial, what must happen to the other?

Answer 39

They must both be sent to Crown Court for trial, as long as they are charged with the same/related offence

Question 40

What happens where an adult and an under 18 are co-accused and adult is sent to Crown Court?

Answer 40

The court will send the child to the Crown Court if necessary in the interests of justice

Question 41

When will the court add counts for summary offences to the indictment?

Answer 41

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

Question 42

If an accused has been charged with an indictable and a summary offence in the same circumstances, where will it be tried?

Answer 42

The MC must send both charges to the Crown Court, as they arose in the same circumstances

Question 43

When an accused pleads guilty for an either-way offence in MC, but the magistrates' feel their powers are inadequate, what will happen?

Answer 43

The MC will use their powers under section 14 SA 2020 to commit the accused to the Crown Court for sentencing

Question 44

What happens where an accused has pleaded guilty to an either way, and is also sent for trial for a related offence?

Answer 44

The MC may commit the accused to the Crown Court for sentence as both can be joined on the indictment

Question 45

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?

Answer 45

It may be added to the indictment with the Crown Court, as it comes under the either way offences under section 51 CDA 1998

Question 46

Can the court sentence an accused via live link?

Answer 46

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

Question 47

Will an accused lose his right to elect trial by jury for criminal damage by arson?

Answer 47

No, this is an exception to the rule- this is an either-way offence, so he can elect trial by jury

Question 48

Where will the accused by tried if they commit £6000 of criminal damage?

Answer 48

They will be able to elect trial on indictment, as the value exceeds £5000

Question 49

If an accused is charged with low-value shoplifting, do they have a right to elect trial by jury?

Answer 49

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

Question 50

If an accused is first appears before MC charged with an indictable offence, what happens during the hearing?

Answer 50

The accused will immediately be sent to the Crown Court for trial without being asked to enter pleas in MC

Question 51

Can pre-trial rulings be varied?

Answer 51

Yes, but only if there has been a material change of circumstances since the ruling

Question 52

What is an example of where a pre-trial ruling can be varied?

Answer 52

Eg, where a ruling was made to adduce hearsay evidence because a witness cannot be found, but the witness has now been found

Question 53

What is the max custodial sentence a MC can impose for criminal damage below £5,000?

Answer 53

Max three months

Question 54

If an accused has been charged with robbery, TVWOC, and driving while disqualified, where should the MC send them?

Answer 54

To the Crown Court All the offences are linked and in the interests of justice to send to CC

Question 55

If an accused is charged with low value shoplifting (under £200), do they have the right to elect jury trial?

Answer 55

Yes, they can elect jury trial

Question 56

Where there is very tenuous identification evidence, how can the case be stopped?

Answer 56

By making a submission of no case to answer at the close of the prosecution case

Question 57

If an accused has been charged with another related offence after a first one (which has already been allocated), what is the allocation procedure?

Answer 57

Even though the offences are related, the allocation procedure can still take place

Question 58

If an accused has been charged with an indictable offence, what will happen at the first hearing in MC?

Answer 58

They will be sent to Crown Court to be tried without being asked to enter his pleas in MC The pleas will then be heard in CC

Question 59

Are the defence obliged to give a defence statement in MC?

Answer 59

No, but if they do, they must serve it within 14 days of the Prosecutions' initial disclosure

Question 60

What is the time limit for commencing a prosecution case?

Answer 60

Max 6 months from the date when the offence was allegedly committed

Question 61

If an accused enters a mixed plea, what is the first step the judge must take?

Answer 61

He must take appropriate steps to ensure the accused understands that he is raising a defence and therefore ought to plead not guilty

Question 62

If an accused pleads guilty to a higher offence, what would happen to the alternative offence?

Answer 62

If he pleads guilty to the higher offence, the alternative offence will not be proceeded with

Question 63

For the judge to grant an extension of the 56 day custody time-limit, what must be demonstrated by the applying party?

Answer 63

There is good and sufficient cause for the extension They have acted with all due diligence

Question 64

When may a plea be changed from guilty to not guilty?

Answer 64

At any stage before the sentence has been passed

Question 65

What are the four key functions of the legal advisor to the magistrates?

Answer 65

Advising the MC on matters of law and fact On matters of procedure and practice May ask questions of witnesses and parties to clarify the evidence Assisting the court in formulating its reasons

Question 66

What type of cases must there be service of initial details?

Answer 66

Either-way AND Summary-only

Question 67

If an accused has stolen £150 worth of goods from a shop, where may the case be tried?

Answer 67

The offence is summary only, but the accused can elect trial on indictment (theft under £250 is summary, but retain the right to elect jury trial)

Question 68

There are two co-accused. One consents to summary trial, and the other elects jury trial. Where will they be sent?

Answer 68

If the accused's case is sent to trial in Crown Court, then the other's case must be sent to Crown Court as well