First Hearings

First Hearings

Deals with Plea + Allocation. Must also deal with the issue of bail. Always at the Mags.

Timing of First Hearing

• Prosecution anticipates guilty plea : First Hearing within 14 days of being charged

• Prosecution anticipates not guilty plea / Crown Crown trial : First Hearing within 28 days of being charged

Early Administrative Hearings

Applies where accused has been charged at a police station. Can be either a single Justice or Justice clerk.

• Accused is asked if he would like legal aid.

• Matter can be adjourned to allow for application of legal aid.

• Accused can be granted bail.

• Bail conditions can be imposed.

• Existing Bail Conditions can be varied.

• Accused can be remanded into custody.

Power of Justice Clerks

• Accused is asked if he would like legal aid.

• Matter can be adjourned to allow for application of legal aid.

• Accused can be granted bail.

• Bail conditions can be imposed.

• Existing Bail Conditions can be varied.

No power to remand into custody. Can only vary / impose bail conditions if both accused and prosecution consent to this.

Presence of Accused at First Hearing

Must be present at first hearing. If fails to show - court can issue warrant for arrest.

Subject to two exceptions : (i) Disorderly Conduct exception, (ii) Good Reason and Consent

Also applies to allocation hearing.

Disorderly Conduct Exception

(1) Present by Video Link

• Accused is legally represented

• Court considers that due to disorderly conduct, it is not practicable for accused to be present

• Court considers that it should proceed in absence of accused

Good reason and consent Exception

(1) Present by Video Link

• Accused is legally represented

• Accused consents to mode of trial proceedings

• Court is satisfied that there is a good reason for the accused’s absence.

Good reason is not defined, incl sickness.

Factors Court should consider before permitting attendance by live audio / video link

• Need for person to attend

• Views of that person

• Suitability of facilities where that person would take part via live kink

• Whether person can take back in proceedings effectively

• Whether person is witness

• Importance of evidence, and ability to test evidence

• Arrangements needed for members of the public to see or hear proceedings.

Pre Sentence Report

PRS should be ordered for use by Crown Court if :

• There is a realistic alternative to custodial sentence

• Accused may be classified as a dangerous offender

• Some other appropriate reason for doing so.

Initial Details of Prosecution Case

To be served on the Court as soon as as practicable. No later than beginning of day of first hearing.

Does not need to be served automatically on accused, but must be served as soon as practicable if requested. Must make it available to accused at the beginning the day of first hearing.

If D in custody :

• Summary of the circumstances of the offence

• Accused’s criminal record

If D Not in Custody :

• Summary of circumstances of the offence

• Account given by accused in interview

• Any written witness statements

• Accused’s criminal record

• Any statement of the effect of the offence on victim / victim family

Must be sufficient to allow accused and court to take an informed view on plea and venue for trial.

Remedy for failure to provide initial details

Adjournment of first hearing and / or costs to Defence for Prosecution’s fialure to serve

Preparation for Trial Hearing

Court must give directions for an effective trial.

• Court must satisfy itself that accused knows credit will be received for guilty plea.

• Take plea from accused.

• Satisfy itself that accused understands that :

  (i) They will be given a chance to give evidence after hearing prosecution case.

  (ii) Trial is likely to take place in absence if does not attend.

  (iii) If released on bail, failure to attend is an offence, and that he may be arrested, and bail may be withdrawn.

Further Pre Trial Case Managements Hearings

Allowed if :

• Court anticipates guilty plea.

• Necessary to conduct hearing to give directions for an effective trial.

• Necessary to set ground rules for the conduct of questioning of a witness or defendant.

Types of Plea

• Guilty Plea. - Must be unequivocal.

• Not Guilty Plea.

• Gives no indication. - Treated as a not guilty plea.

Enter - Summary only offences.
Indicate - Either way offences.

Power of Court to Proceed in Absence of Accused

Can be exercised if one of these four conditions are met :

• Legal representative is present and signifies accused’s consent;

• Legal representative is present and court does not consider that there is an acceptable reason for accused’s failure to attend;

• It is proved to satisfaction that notice of hearing was served within reasonable time and there is not an acceptable reason for failure to attend;

• Accused has appeared on previous occasion and court does not consider there is an acceptance reason for failure to attend

AND

It is not contrary to the interests of justice to proceed in absence of accused.

Applies for both plea before venue and allocation hearings.