Topic 4 procedure in mags, allocation and sending to CC for sentence

Initial Details of Prosecution Case

The information that the prosecutor must provide to the court, which includes a summary of the offence and the accused's criminal record.

Prosecutor's Duty

To provide initial details of the prosecution case to the court no later than the beginning of the first hearing.

Accused's Rights

The accused must request initial details if they wish to receive them from the prosecutor.

Pre-trial Hearing by Television Link

Allows individuals to participate in criminal proceedings through live audio or video link, but rarely appropriate for sentencing youth.

Plea Before Venue

The initial procedure determining whether the accused will plead guilty or not guilty, crucial for allocating the case.

Allocation Hearing

A hearing to determine whether a case is to be tried in a magistrates' court or the Crown Court.

Ambiguous Pleas

When an accused indicates a guilty plea but adds qualifying words suggesting a possible defense; must be clarified before sentencing.

Defence Statement

A written statement the accused must provide once the case is sent to the Crown Court, outlining their defence.

Duty to Give Reasons

The court must provide sufficient reasons for convictions or hospital orders, but reasons for acquittals are not required.

Special Procedure for Criminal Damage

The allocation procedure for criminal damage requires consideration of the value involved in the offence.

Low Value Shoplifting

Defined as shoplifting where the value does not exceed £200, which is triable only summarily.

Committal for Sentence

The process wherein a magistrates' court may send an offender to the Crown Court when its sentencing powers are inadequate.

Indication of Sentence

Where the court suggests a sentence to the accused; not binding unless the accused pleads guilty based on that indication.

Co-Accused Procedure

If one co-accused elects Crown Court trial, all jointly charged must also be sent to the Crown Court.

Prosecution Influence on Allocation Decision

The prosecution may suggest a trial on indictment but cannot veto a summary trial.

Criminal Justice Act 1988, s. 40

Allows for a summary offence to be included in an indictment if it is founded on the same facts as an indictable offence.

Defendant's Election for Trial

The defendant has the right to elect trial by Crown Court for certain offences, such as serious or complex cases.

Legitimate Expectation

The principle that a defendant, if led to believe they would receive a certain sentencing outcome, should not be unexpectedly committed for a harsher sentence.