CLP 3 - pre-trial

Question 1

Where are cases heard?

Answer 1

Summary only offences - Magistrates

Either-way offences - Magistrates or Crown Court

Indictable only offences - Crown Court

Question 2

Where D is on bail, when must the first hearing be?

Answer 2

14 days of being charged - if prosecutor anticipates a guilty plea which is likely to be sentenced in a magistrate’s court

28 days of being charged - where it is anticipated that the defendant will plead not guilty, or the case is likely to go to the crown court for either trial or sentence.

Question 3

Where are all cases first heard?

Answer 3

Magistrate’s court

Question 4

What if the defendant is not present at the first hearing if under police bail?

Or

In Absentia - summonsed vs either-way/indictable

Answer 4

If bailed by the police - court can issue a warrant for his arrest. Failure to surrender to bail is an offence under the bail act 1976.

Court must decide whether it can continue absentia - not normally possible for indictable or either-way cases.

If summonsed to court - D does not commit an offence for non-appearance. Case can continue absentia.

Question 5

1) When is the prosecution obliged to serve the initial details on the court officer?

2) When is the prosecution obliged to serve the initial details to the defendant following a request?

3) What is the remedy if they fail to do so?

Answer 5

1 & 2) as soon as practicable and no later than the beginning of the day of the first hearing.

3)normally adjourn a first hearing and/or award costs to the defence.

Question 6

What is included in the ‘initial details of prosecution case’ where defendant was not in police custody immediately before the first hearing in the magistrate’s court?

Answer 6

• a summary of the circumstances of the offence,
• any account given by the defendant in interview,
• any written statements/exhibits that are available & material.
• victim impact statements
• defendant’s criminal record

Question 7

How much detail should be included in the ‘initial details’?

Answer 7

• sufficient to allow the court to take an informed view on plea and venue for trial.
• where not guilty please is anticipated, should allow the court to identify the real issues and give directions including Preparation for Effective Trial (PET) form.

Question 8

What does the first hearing deal with?

What about indictable only?

Answer 8

• plea
  -bail
  -representation and legal aid
• If indictable only offence, magistrates will only deal with bail and representation before the case goes to the Crown Court for plea.

Question 9

What is the exception to summary cases staying in the magistrate’s court?

Answer 9

If the summary offence is connected to an indictable offence and is:

• common assault
• Assaulting prison officer,
• TWOC
• Driving whilst disqualified
• Criminal damage under £5k

If not on the list and ‘not guilty’ plea - return to magistrate’s court after the CC trial is done.

Question 10

If a case is an either-way case, who decides where it is held?

Answer 10

• Magistrate’s court can accept/decline jurisdiction
• Defendant can elect for Crown Court

Question 11

Summary only

• What sentences are available if D enters a guilty plea?

Answer 11

Court will sentence
- fine
- 6 months in prison

Question 12

Where there is a pre-trial hearing, for how long is the ruling binding?

Answer 12

until case is disposed of by:
- Conviction or acquittal of the defendant
- Prosecution decides not to proceed
- Dismissal of the case

Question 13

Must a guilty plea be unequivicable?

Answer 13

Yes - no “guilty but I…”

Question 14

What is the longest sentence a Magistrate’s court can give for an either-way offence?

Answer 14

12 months

Question 15

Either-way

When can the defendant be committed to the crown court for sentencing?

Answer 15

• sentence exceeds its maximum
• sentence should be of a type the magistrate’s court cannot pass.

Question 16

What classification is a murder or manslaughter offence?

Answer 16

Indictable only

Question 17

What classification is a assault and battery offence?

Answer 17

Summary only

Question 18

What classification is ABH

Answer 18

Either way

Question 19

What classification is GBH

Answer 19

Either way

Question 20

What classification is Malicious wounding / causing GBH?

Answer 20

Indictable only

Question 21

What classification is theft

Answer 21

Either way (Low value shoplifting under £200 in total is summarily only although can elect for jury trial at crown court)

Question 22

What classification is robbery?

Answer 22

Indictable only

Question 23

What classification is burglary?

Answer 23

Either way

Except indictable only where:

• ulterior offence is indictable only, or
• In a dwelling and any person in the dwelling was subject to violence or threat of violence, or:
• over 18 and this is third separate CONVICTION for burglary of a dwelling.

Question 24

Aggregated burglary

Answer 24

Indictable only

Question 25

What classification is fraud?

Answer 25

Either way

Question 26

What classification is Simple criminal damage?

Answer 26

Either way Except low value £5,000 or less - summary only (accused CANNOT elect for CC and just be tried summarily.

Question 27

What classification is aggravated criminal damage?

Answer 27

Indictable only

Question 28

In what cases must the prosecution produce an Initial Details of Prosecution Case (IDPC)?

Answer 28

Summary and either way offences. NOT indictable only offences

Question 29

What is included in the 'initial details of prosecution case’ where defendant was released on bail and prosecutor does NOT expect a guilty plea?

Answer 29

- a summary of the circumstances of the offence, - any account given by the defendant in interview, - any written statements/exhibits that are available & material. - victim impact statements - defendant's criminal record PLUS - important statements and exhibits - details of witness availability - any medical or expert witnesses - any special measures, bad character or hearsay

Question 30

What happens next in the magistrate’s court for an either way case where D indicates a guilty plea?

Answer 30

Mag will decide if their sentencing powers are sufficient. If so, sentence. If not, commit D to Crown Court for sentencing.

Question 31

What happens next in the magistrate’s court for an either way case where D indicates NOT guilty plea?

Answer 31

Magistrates decide where trial heard via “plea before venue”.

Question 32

What happens next in the magistrate’s court for an indictable only case where D indicates a NOT guilty plea?

Answer 32

- D identified and charge read to them. - Court explains allegations and that D will go to CC - consideration of bail. - D asked whether he will plead guilty in crown court.

Question 33

What happens next in the magistrate’s court for an either way case where D indicates a NOT guilty plea and later indicates he will plead Guilty?

Answer 33

Court must arrange to take his plea ASAP.

Question 34

What happens next in the magistrate’s court for an either way case where D indicates he will plead NOT Guilty or provides no answer?

Answer 34

An allocation hearing will be held

Question 35

When are “the interest of justice” automatic met for legal aid?

Answer 35

- defendants under 18 - for trials in the Crown Court and - following a committal for sentence It is NOT automatically met for appeals to the Crown Court against conviction or sentence.

Question 36

When will the means test for legal aid be automatically met (passporting)?

Answer 36

Under 18 Receive benefits

Question 37

Are all people eligible for publicly funded representation at the police station?

Answer 37

Yes

Question 38

In either way cases, does the defendant have a right to elect for a summary trial?

Answer 38

No, the magistrates chose whether or not to accept jurisdiction.

Question 39

If a summary trial is considered more appropriate in an either way case by the magistrates, will the magistrates pass sentence?

Answer 39

Not necessarily, the magistrates can still commit the case to the crown court for sentencing.

Question 40

If the magistrates court accepts jurisdiction for an either way case, can D request an indication of sentence?

Answer 40

Yes

Question 41

What are the implications if the magistrates court gives an indication of sentence AND D indicates a guilty plea based on the indication of sentence? S.20A

Answer 41

- no court is bound by the indication. - no sentence may be challenged on the basis of the indication. - no court can impose a custodial sentence unless such a sentence was indicated.

Question 42

Under what circumstances can an either way case be sent to the crown court without an allocation hearing)

Answer 42

Where DPP thinks the case is - serous fraud. - case involves a child who’d be called as a witness. - related cases (D charged with indictable only and either way offences). Except where already sent to CC and then comes in with either way case - then ‘may’ send to CC. - related offenders (other D sent with inevitable only offence). Again, only ‘may’ if D subsequent to other D.

Question 43

What happens next in the magistrate’s court for an indictable only case where D indicates a guilty plea?

Answer 43

D must be sent to Crown Court for plea ASAP

Question 44

When might the magistrates court order a pre sentencing report in either way cases going to the crown court?

Answer 44

Magistrates may order a pre-sentence report for the Crown Court if: - there is a realistic alternative to a custodial sentence - the defendant may be a dangerous offender - there is an appropriate reason for doing so