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Question 1

What is the overriding objective of the Criminal Procedure Rules?

Answer 1

The overriding objective of the Criminal Procedure Rules is to deal with criminal cases justly. This includes acquitting the innocent and convicting the guilty, dealing with the prosecution and defense fairly, recognizing the rights of the defendant, respecting the interests of witnesses, victims, and jurors, and ensuring efficient case management.

Question 2

What are the duties of participants in a criminal case according to the Criminal Procedure Rules?

Answer 2

Each participant in a criminal case must prepare and conduct the case in accordance with the overriding objective, comply with the rules and directions of the court, and inform the court and all parties of any significant failure to take procedural steps required by the rules. A failure is significant if it might hinder the court in furthering the overriding objective.

Question 3

How does the court apply the overriding objective in the management of criminal cases?

Answer 3

The court must further the overriding objective when exercising any power given to it by legislation, applying any practice direction, or interpreting any rule or practice direction. The court’s case management powers are wide and aim to ensure effective case management, including establishing disputed issues, setting timetables, and considering witnesses.

Question 4

What is the purpose of case management in criminal cases?

Answer 4

Case management in criminal cases aims to ensure effective preparation and progression of the case. It involves identifying the real matters in dispute, presenting evidence in a clear and concise manner, discouraging delay, encouraging cooperation among participants, issuing directions, and imposing sanctions for non-compliance.

Question 5

What are the possible sanctions if a party fails to comply with the Criminal Procedure Rules or court directions?

Answer 5

If a party fails to comply with the rules or directions, the court may fix, postpone, bring forward, extend, cancel, or adjourn a hearing. The court can also make costs orders, refuse to allow the party to introduce evidence, declare evidence inadmissible, or draw adverse inferences from late introduction of issues or evidence.

Question 6

How does the court encourage case preparation and conduct of a trial in accordance with the Criminal Procedure Rules?

Answer 6

The court expects cases to progress without unnecessary delay and requires active assistance from the parties. It allows cases to proceed in a defendant’s absence if necessary and sets timetables, considers witnesses, and limits the duration of hearings. Rule 3.13 specifically deals with the conduct of a trial or an appeal.

Question 7

What are some examples of summary only offences?

Answer 7

Examples of summary only offences include assault, battery, and simple criminal damage where the value is £5,000 or less. Attempted commission of a summary only offence is also treated as a summary only offence.

Question 8

What are some examples of either-way offences?

Answer 8

Examples of either-way offences include theft, burglary, fraud, assault occasioning actual bodily harm, wounding or inflicting grievous bodily harm, and simple criminal damage where the value exceeds £5,000. Attempts to commit either-way offences are also triable either way.

Question 9

What are some examples of indictable only offences?

Answer 9

Examples of indictable only offences include robbery, wounding or causing grievous bodily harm with intent, aggravated burglary, aggravated arson, aggravated criminal damage, murder, and involuntary manslaughter. Attempts to commit indictable only offences are triable only on indictment.

Question 10

What is the maximum sentence for criminal damage when tried as a summary only offence?

Answer 10

The maximum sentence for criminal damage when tried as a summary only offence is three months’ imprisonment or a fine at level 4 on the standard scale.

Question 11

What happens if the value of the criminal damage is over £5,000?

Answer 11

If the value of the criminal damage is over £5,000, the offence(s) are triable either way. If they are tried in a magistrates’ court, then the maximum sentence is twelve months’ imprisonment or a fine at level 5 on the standard scale. The defendant can be committed for sentence.

Question 12

What happens if the value of the criminal damage is uncertain?

Answer 12

When the value of the damage is uncertain, the defendant is asked if they consent to be tried summarily. If they consent, the trial will take place and the maximum sentence will be limited to three months or a level 4 fine. If the defendant does not consent, the offence(s) will be treated as either-way, and higher sentencing powers will apply on conviction.

Question 13

What is the classification of low-value shoplifting?

Answer 13

Low-value shoplifting, where the value does not exceed £200, is now said to be a summary only offence. However, the statute still allows an adult defendant to elect trial in the Crown Court. Therefore, shoplifting should continue to be treated as a theft, which is an either-way offence.

Question 14

What happens if a defendant pleads guilty?

Answer 14

If a defendant pleads guilty, the court moves to sentence. The defendant’s plea will be taken into account when determining the appropriate sentence.

Question 15

What happens if a defendant pleads not guilty?

Answer 15

If a defendant pleads not guilty, there will be a trial, and the court will come to a verdict. If the verdict is guilty, the defendant must be sentenced. If the verdict is not guilty, the defendant is acquitted of the charge and is free to go.

Question 16

What is the structure of the criminal courts in England and Wales?

Answer 16

The criminal courts structure in England and Wales includes the magistrates’ court, Crown Court, and youth court. All cases start in the magistrates’ court or the youth court and can progress to other courts depending on the classification of the offence.

Question 17

What happens after a defendant is charged?

Answer 17

After a defendant is charged, they will appear before the local magistrates’ court where matters relating to bail, public funding, or other administrative preliminaries will be dealt with. The case is then sent to the Crown Court if it is an indictable only offence or an either-way offence.

Question 18

What is the role of the magistrates’ court?

Answer 18

The magistrates’ court is a court of summary jurisdiction. It deals with all matters in their court, including bail, plea, allocation, trial, the admissibility of evidence, and sentence. It must try all summary only matters and may try any either-way matters.

Question 19

What is the role of the Crown Court?

Answer 19

The Crown Court is presided over by a circuit judge or a part-time judge called a recorder. The judge is responsible for all matters in court except determining guilt. Guilt is decided by a jury at trial, and the judge is known as the arbiter of law. The Crown Court also hears appeals from the magistrates’ court and youth courts.

Question 20

What is the purpose of a plea before venue hearing?

Answer 20

The purpose of a plea before venue hearing is to determine whether the defendant should be tried in the magistrates’ court or the Crown Court.

Question 21

What happens if a defendant indicates a guilty plea during a plea before venue hearing?

Answer 21

If a defendant indicates a guilty plea during a plea before venue hearing, they will be dealt with as if convicted and there is a presumption that the magistrates will sentence the defendant. However, if the nature of the offense and the defendant’s previous convictions suggest that the magistrates’ limited sentencing powers are not sufficient, the matter may be committed to the Crown Court for sentence.

Question 22

What factors are considered when deciding whether a trial should be held in the magistrates’ court or the Crown Court?

Answer 22

When deciding whether a trial should be held in the magistrates’ court or the Crown Court, the magistrates will hear representations from both the prosecution and the defense. They will consider the nature of the offense and any previous convictions of the defendant. The decision is based on whether the case should be one of summary jurisdiction (tried in the magistrates’ court) or a trial on indictment (tried in the Crown Court).

Question 23

What is the purpose of the allocation process in a plea before venue hearing?

Answer 23

The purpose of the allocation process in a plea before venue hearing is to determine whether the trial should be one of summary jurisdiction (tried summarily in the magistrates’ court) or a trial on indictment (tried in the Crown Court). This process is conducted in accordance with the Magistrates’ Court Act and the advocates and magistrates refer to the Allocation Guideline.

Question 24

What factors are considered when deciding whether a case should be tried summarily in the magistrates’ court or sent to the Crown Court?

Answer 24

When deciding whether a case should be tried summarily in the magistrates’ court or sent to the Crown Court, the magistrates consider the seriousness of the offense, the complexity of the case, and the sentencing powers of the magistrates’ court compared to the Crown Court. The more serious the nature of the offense, the more likely the case will be considered unsuitable for trial in the magistrates’ court and sent to the Crown Court instead.

Question 25

What are the sentencing powers of the magistrates’ court and the Crown Court?

Answer 25

The sentencing powers of the magistrates’ court for summary only offenses are a maximum of 6 months imprisonment. For one either-way offense, the maximum is also 6 months imprisonment, and for two or more either-way offenses, the maximum is 12 months imprisonment. The powers of the Crown Court differ depending on the offense and are contained within the relevant statute.

Question 26

What happens if the magistrates consider that a case is suitable to be tried summarily?

Answer 26

If the magistrates consider that a case is suitable to be tried summarily, they will explain this to the defendant. At this stage, the defendant can request an indication of sentence. The court is under no obligation to provide an indication, but if it does, it can indicate whether a custodial or non-custodial sentence would be more likely if the defendant were to consent to be tried summarily and pleaded guilty. If the defendant pleads guilty, the court’s hands are effectively tied into delivering the type of sentence indicated.

Question 27

What happens if the defendant maintains their not guilty plea during a plea before venue hearing?

Answer 27

If the defendant maintains their not guilty plea during a plea before venue hearing and is subsequently convicted, the earlier indication of sentence shall not be binding on any later court. The defendant will be asked whether they consent to summary trial. If they consent, their case will be adjourned to prepare for a trial in the magistrates’ court. If the defendant does not consent, they will be sent to the Crown Court under the relevant provisions.

Question 28

What happens if the magistrates consider that the offense is not suitable to be tried summarily?

Answer 28

If the magistrates consider that the offense is not suitable to be tried summarily, the case is sent to the Crown Court under the provisions of the relevant statute. The defendant will appear at the nearest Crown Court for a Plea and Trial Preparation Hearing (PTPH), usually within 28 days, where the charge will have been drafted into an indictment.

Question 29

Who can represent defendants in the Crown Court?

Answer 29

Defendants were traditionally represented by barristers at the Crown Court, but since the advent of the Higher Rights qualification, many more solicitors are appearing as advocates on behalf of their clients in both the magistrates’ court and the Crown Court.

Question 30

What is the purpose of a Plea and Trial Preparation Hearing (PTPH) in the Crown Court?

Answer 30

The purpose of a Plea and Trial Preparation Hearing (PTPH) in the Crown Court is for the defendant to appear before the court, usually within 28 days, where the charge will have been drafted into an indictment. This hearing allows for the preparation of the trial and any necessary pleas to be entered.

Question 31

What does the allocation guideline state regarding the trial of either-way offenses?

Answer 31

The allocation guideline states that either-way offenses should be tried summarily unless the outcome would clearly be a sentence in excess of the magistrates’ court’s powers or where a case is unusually complex. This is because the magistrates’ court has limited sentencing powers compared to the Crown Court.