First Hearings

Where do all first hearings take place?

All adults have their first hearing before a Magistrates Court, regardless of what they’re charged with.

When does the first hearing have to take place?

As soon as possible - usually within 24 hours.

If the suspect is on bail then:

• 14 days of being charged if the prosecutor anticipates a guilty plea with sentencing in MC

• 28 days of being charged if prosecutor anticipates not-guilty with case to go to Crown Court.

What happens at the first hearing?

The court will deal with:

• plea (called a plea before venue)

• legal aid

• bail

• sentencing (if pleading guilty)

If the suspect pleads guilty, what happens?

The court will need to determine if they have adequate sentencing powers.

A magistrates court can only sentence a max of 6 months for summary only offence or a single either-way offence.

For two or more either-way offences, the max sentence is 12 months.

If the MC decide they have inadequate sentencing powers, they will send the case to the CC for sentencing.

What happens if the suspect pleads not guilty?

There will need to be a trial.

The MC will consider if they will accept jurisdiction based on sentencing powers.

The suspect will also be warned that if the case is tried in MC, and they are found guilty, they can still be sent to the CC for sentencing.

If the MC accepts jurisdiction, the suspect still has a choice if they want to be tried in the Crown Court.

Can the suspect ask for an indication of sentence?

Yes, but this as at the courts discretion to grant this.

If an indication is given, and the defendant then pleads guilty, that indication is BINDING.

A harsher sentence cannot be imposed.

What are the benefits of a Crown Court trial (trial on indictment)?

Acquittal rate is higher

Voir Dire procedures allow the judge to hear arguments to exclude evidence in the absence of the jury.

As there is no jury in the magistrates, they hear evidence and then have to exclude from their minds.

What are the benefits of a Magistrates Court trial (summary trial)?

Speed

Less formal

No need to serve a defence statement

Less expensive

Magistrates have to provide reasons for their decisions, a jury in the CC does not.

Less publicity.