Prep 3 First Hearings

Who automatically passes the means test?

• Defendants under 18

• Those on specified welfare benefits such as Universal Credit and income based jobseeker’s allowance

Test required for a Representation Order

• Means Test

• Merits Test

Means Test for Magistrates Court

Based on weighted gross annual income with the relevant thresholds of £12,475 and £22,325 with a disposable income test of £3,398 if between thresholds

Eligibility Review

Can be applied for if the applicant fails the Means Test

Hardship Review

Can be applied for if legal costs are unusually high

Crown Court Means Test

Assessed on disposal income and after £30,000 the defendant may be required to pay some or all of the costs and will ineligible if over £37,500

Automatic passes for the Merits Test

• Indictable-only offences

• An either-way offence that is later sent to the crown court

10 Propositions for Merits Test

1. Loss of liberty

2. Pre-existing suspended sentence

3. Loss of livelihood

4. Serious damage to reputation

5. Substantial question of law

6. Cannot understand court proceedings’

7. Witnesses need to be traced or interviewed on my behalf

8. Expert cross examination of a witness

9. In the interests of another person

10. Any other reasons

When must the First Hearing be?

• Within 14 days of charge if predicted a guilty plea

• Within 28 days of charge if predicted a non-guilty plea

Defendant’s Presence at First Hearing

Is compulsory but not an offence to not attend and an arrest warrant can be issued for non attendance

Content of Initial Details

• Summary of Circumstances

• Any account given by the defendant at interview

• Any written statements and exhibits available

• Victim’s impact statements

• Defendant’s criminal record

When can Summary Only offences be heard in the Crown Court?

Only when connected to a indictable offence

Guilty Plea

Must be unequivocal or will be a not guilty plea

Considerations for Allocation

• Factual or legal implications

• Relevant sentencing guidelines

• Associated Case Law

• Submissions of the parties

Indication of Sentence

Can be given at the court’s discretion if the defendant pleas guilty but can only inform whether sentence would be custodial or non-custodial

Election

If there is no indication, or the defendant sticks to a guilty plea, the court can ask if the defendant wishes to remain in the Magistrates Court or transfer to the Crown Court

Either Way offences that can only be tried as Summary Only

• Shoplifting valued at £200 or less

• Criminal damage of £5000 or less

Either way cases that can only be tried as Indictable Only

• Criminal Damage of £5000 or more

• Complex Fraud Cases

• Cases with Child Witnesses

Adjournment

Where the case cannot be concluded in one hearing

Remand

Where the defendant has been sent away and and is obliged to return to court another day

Presumption of Bail under s4 Bail Act 1976

Defendant is entitled to bail unless the prosecution objects

When does the right to bail not apply?

• When appealing a conviction or sentence

• When being committed for sentence from Magistrates’ Court to Crown Court

Grounds on which the Prosecution can object to Bail under Schedule 1 Para 2 Bail Act 1976

• Failure to attend a hearing or surrender to custody

• Commit further offences on bail

• Interfere with witnesses or obstruct course of justice

• Remanded in custody for defendant’s own protection

• Insufficient information to deal with bail

• Defendant is already serving a sentence in custody

Test for not granting Bail

Grounds must be substantial but this is not a high test rather that concerns must have substance and merit

Mandatory Considerations for Main Grounds of Denying Bail

• Nature and Seriousness of the Offence

• Defendant’s character and antecedents

• Defendant’s bail record in the past

• Strength of the evidence

Conditions for bail under s3(1) Bail Act 1976

• Residence at a Specific Address

• Curfew

• Reporting to a local police station

• Surety

• Security

• Restrictions on travel and contact

• Electronic monitoring or tagging

• Bail Hostels

• Surrender of Passport

Breach of Bail Conditions under s7(3) Bail Act 1976

Can result in arrest and risk of having conditions tightened or being remanded in custody

Varying bail conditions

An application may be made by either the defence or the prosecution

Not surrendering to custody on bail

Is am either-way criminal offence

Attempts at applying for Bail

• Two attempts at Magistrates Court

• One appeal at the Crown Court

Timeline for applying for Bail

• One week between applications at Magistrates Court

• One day to appeal at Crown Court following Certificate of Full Argument

Timeline for urgent applications for Bail

Defendants may forego the second magistrates application and have their Crown Court application heard on a day’s notice following the first application

Subsequent applications for Bail

Can only be made if there has been a change in circumstances

Custody Time Limits

• 56 days for trials in Magistrates Court

• 182 days for trials in Crown Court less any days spent in custody prior

Extensions to Custody Time Limits

Can be made if the prosecution shows they acted will all due diligence and expedition and there is good and sufficient cause to have the defendant further remanded into custody