Criminal Practice: Unit 2 First Hearings Before the Magistrates’ Court

If the defendant is charged with an offence triable only on indictment, the magistrates will immediately send the case to the Crown Court under s 51 of the Crime and Disorder Act (CDA) 1998. 

Which court will deal with an offence triable on indictment only?

Youth Court

Which court will Defendant’s aged 17 and under appear in for the first hearing?

Rolled out: b/w April and December 2007

Key Principles:

·  (a) There is a common presumption that a plea will be entered at the first hearing.

·  (b) For guilty pleas which will be sentenced in the magistrates’ court it is expected that sentence should take place on the same day unless a more detailed pre-sentence report is required. 

·  (c) For not guilty pleas, it is expected that the trial issues should be identified, and a trial date fixed within six to eight weeks. 

. (d) The CPS should provide sufficient information at the first hearing to ensure the hearing is effective

When was implementation of Criminal Justice: Simple, Speedy, Summary (CJSSS) rolled out of England and Wales? And what are its key principles?

Offences that are triable both as either-way and on indictment. In the case of an adult, either must or may be tried in the Crown Court on Indictment.

Either-way offences: D will make first appearance ·       before the magistrates’ court, and if the defendant indicates a not guilty plea, the magistrates will then decide whether to keep the case before them or send the case to the Crown Court for trial if it is too serious for them to deal with. 

·       If the magistrates do decide to keep the case before them, the defendant the then has the right to elect trial by a judge and jury in the Crown Court or consent to summary trial

Examples of either-way offences: theft, fraud, most forms of burglary, handling stolen goods, going equipped to steal, inflicting grievous bodily harm/wounding, assault occasioning actual bodily harm, sexual assault, affray, threats to kill, criminal damage where damage caused is 5000 or more, dangerous driving, possession of an offensive weapon, possession/possession with intent to supply and supply of controlled drugs, arson is always an either way offence.

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What is indictable offence? And what offences are classified as indictable offences?

Low-value shop lifting is a summary offence, where the value of the stolen goods do not exceed £200. (If the Defendant is charged at the same time with more than one allegation of shop theft then the aggregate value must be under 200 for it to be treated as a summary offence.

Low-value shoplifting offences will be treated as summary-only unless an adult defendant enters a plea of not guilty when they will still be given the opportunity to elect trial in the Crown Court.

The offence therefore attracts a maximum penalty of six months’ custody when sentenced in the magistrates’ court. 

If an adult defendant pleads guilty to an offence of low-value shoplifting, they cannot be committed to the Crown Court for sentence

What is the classification for low- value shop lifting?

General rule: may only be dealt with by the magistrates court.

Example of summary offences: common assault, battery, criminal damage where value doesn’t exceed £5000 (unless arson- which will always be an either-way offence), low value shoplifting. S4 and 5 of the Public Order Act 1984, taking a vehicle without consent and most road traffic offences.

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Examples of summary offences

Although a defendant charged with an offence triable only on indictment will make their first appearance before the magistrates’ court, the magistrates will immediately send the case to the Crown Court under s 51 CDA 1998. 

Examples of such offences include murder, manslaughter, causing grievous bodily harm/ wounding, rape, robbery, aggravated burglary (and when it’s domestic), blackmail, kidnap and conspiracy. 

What are the offences triable only on indictment?

Public funding available to a defendant and applying for a representation order?