UNIT 8 - Preliminary Hearings In The Magistrates’ Court, Plea Before Venue And Allocation Flashcards
Disclosure of initial details of prosecution case
- requires P as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing), to provide to the court ‘initial details’ of the prosecution case
Disclosure of initial details of prosecution case: time frame when the accused requests the initial details:
the prosecutor must serve them as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing)
Disclosure of initial details of prosecution case: time frame when the accused has not requested the initial details:
the prosecutor must make them available to the accused at, or before, the beginning of the day of the first hearing
What the initial details of P include:
- Summary of circumstances;
- any account given by D in interview;
- any written witness statements material to plea,
- mode of trial,
- sentence;
- criminal record;
- victim impact statement.
Where, immediately before the first hearing in the magistrates’ court, the accused was in police custody for the offence charged, initial details comprise of:
‘summary of the circumstances of the offence’,
and
the accused’s criminal record (if any).
the accused is not in custody, initial details comprise of:
a summary of the circumstances of the offence; any account given by the accused in interview (set out either in the summary or in a separate document);
any written witness statements (including exhibits) that the prosecutor has available at that stage and which the prosecutor considers to be material to plea,
or to whether the case should be tried in a magistrates’ court or the Crown Court, or to sentence; the accused’s criminal record (if any); and any available statement of the effect of the offence on victims or their family (or on others).
CrimPD I, para. 3A.4, states that the information supplied pursuant to CrimPR 8.3 must be sufficient to allow the accused and the court, at the first hearing, to take an informed view on plea and (where applicable) venue for trial
Paragraph 3A.12 makes the point that, if the accused is on bail and the prosecutor does not anticipate a guilty plea at the first hearing in a magistrates’ court, the initial details of the prosecution case that are provided for that first hearing must be sufficient to assist the court to identify the real issues and to give appropriate directions for an effective trial
What happens if the prosecution fail to supply the required initial details?
No specific sanction
What can the court do if the prosecution fail to supply the required initial details?
1) open to the magistrates’ court to make a direction requiring the prosecution to comply
2) court can adjourn hearing
What if the P wants to introduce information contained in a document listed in r. 8.3 but has not served that document on the accused or made that information available?
In such cases, the prosecutor will not be permitted to ‘introduce that information unless the court first allows the defendant sufficient time to consider it’.
Can the court dismiss the charge(s) brought by the prosecution because of non-compliance with a request for initial details of the prosecution case?
NO!
the court cannot dismiss the charge(s) brought by the prosecution because of non-compliance with a request for initial details of the prosecution case
the Divisional Court held that, even taking into account the coming into force of the HRA 1998, the court does not have jurisdiction to dismiss proceedings for abuse of process simply on the basis of the failure to supply the information now required by Part 8.
Preliminary hearing: over link
where an accused attends a preliminary hearing over a 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.
Pre-trial hearings: MC’s role in an indictable offence
CrimPD I, para. 3A.5
if the accused is charged with an indictable (including either way) offence and is in custody
the MC should:
at the first hearing, proceed ‘at once’ with the allocation of the case for trial (if it is an either way offence) and, if so required, with the sending of the accused to the Crown Court for trial
Pre-trial hearings: MC’s role if the offence is a summary one or an either way offence that is allocated for summary trial:
The MC should ‘forthwith’ give such directions as are necessary, either (on a guilty plea) to prepare for sentencing or for a trial
If the accused is on bail, the case must be listed …
for the first hearing 14 days after charge (or the next available court date thereafter) if the prosecutor anticipates a guilty plea ‘which is likely to be sentenced in the magistrates’ court’
Where it is anticipated that the accused will plead not guilty, or that the case is likely to be sent for trial or committed for sentence to the Crown Court, the case must be listed for the first hearing 28 days after charge (or the next available court date thereafter).
so if accused is on bail and if the prosecutor anticipates a guilty plea ‘which is likely to be sentenced in the magistrates’ court’, case must be listed:
for the first hearing 14 days after charge (or the next available court date thereafter)
so if accused is on bail and if it is anticipated that the accused will plead not guilty, or that the case is likely to be sent for trial or committed for sentence to the Crown Court, the case must be listed:
for the first hearing 28 days after charge
PSR
Where the accused pleads guilty or indicates a guilty plea in a magistrates’ court, the court should consider whether a pre-sentence report is necessary
Paragraph 3A.9 requires that, where a magistrates’ court is considering committal for sentence, or the accused has indicated an intention to plead guilty in a matter which is to be sent to the Crown Court, the magistrates’ court should request a pre-sentence report for use by the Crown Court if the magistrates’ court considers that there is a realistic alternative to a custodial sentence, the accused may satisfy the criteria for classification as a dangerous offender or there is some other appropriate reason for doing so.
The CDA 1998, s. 50, makes provision for pre-trial hearings.
It provides that where the accused has been charged with an offence at a police station, the magistrates’ court before which the accused appears for the first time in relation to that charge may consist of a single justice
if the accused does so wish, the necessary arrangements for an application must be made and, where appropriate, legal aid obtained THEN =
necessary, the hearing may be adjourned for this purpose under s. 50(4A)(a).
On adjourning the hearing, the magistrate may remand the accused in custody or on bail
an early administrative hearing may be conducted by a justices’ clerk (or an assistant clerk who has been specifically authorised by the justices’ clerk for that purpose), but the clerk is not empowered to remand the accused in custody or, without the consent of the prosecutor and the accused, to remand the accused on bail on conditions other than those (if any) previously imposed.
Preparation for Trial Hearings
a magistrates’ court must conduct a ‘preparation for trial hearing’ (unless the accused is sent for trial in the Crown Court or enters a written guilty plea, or the single justice procedure applies).
Preparation for Trial Hearings
The court may conduct one or more further pre-trial case management hearings if:
(i) the court anticipates a guilty plea; or
(ii) it is necessary to conduct such a hearing in order to give directions for an effective trial; or
(iii) such a hearing is required to set ground rules for the conduct of the questioning of a witness or defendant
At a preparation for trial hearing, ‘the court must give directions for an effective trial’
Under r. 3.16(3), 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 a plea from the accused (or, if no plea can be taken, find out whether the accused is likely to plead guilty or not guilty); and
(c) unless the accused pleads guilty, satisfy itself that the accused understands that, at the trial,
(i) he or she will have the right to give evidence after the court has heard the prosecution case;
(ii) if the accused does not 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 that bail may be withdrawn. The court is also required to ascertain the name, date of birth and nationality of the accused
MC: Where the accused pleads not guilty, the parties must, from the start, identify the disputed issues and tell the court what they are; if the parties do not supply this information…
the court must require them to do so.