First Hearings Before The Magistrates' Court

Criminal Practice - Chapter 5

What is an offence triable on indictment?

Most serious - only heard at Crown Court (CC)

E.g. - rape, murder, manslaughter

What is an either-way offence?

Can be dealt with either by the magistrates’ court or by the Crown Court

If 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

E.g. theft, fraud, ABH, criminal damage

What is low-value shop theft?

under 200 pounds - summary only offence

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 (if guilty - cannot be sent to CC for sentencing)

Attracts max penalty of six months’ custody when sentenced in the magistrates’ court

What happens if criminal damage is less than 5,000?

It will be treated as a summary offence (unless arson or memorial)

What is a summary offence?

Least serious form of criminal offence and as a general rule may only be dealt with by the magistrates’ court.

What are the two tests to apply for criminal legal aid at the MC?

i) interest of justice tests - the defendant must show that it is in the interests of justice that they receive public funding to cover the cost of their legal representation

ii) means test - the defendant must demonstrate that their finances are such that they are unable to pay for the cost of their legal representation

What will satisfy the interest of justice test?

i) likely to lose their liberty or livelihood or suffer serious damage to their reputation if convicted (custodial sentence) or lose employment due to conviction

• damage to rep only applies to a person with either no previous convictions or conviction for minor offence

ii) proceedings may involve consideration of a substantial question of law (e.g. hearsay/adverse inference/confession excluded)

iii) whether the individual may be unable to understand the proceedings or to state their own case

iv) whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual

v) whether it is in the interests of another person that the individual be represented

What will satisfy the means test automatically?

a) universal credit/allowance

b) applicants who are under the age of 18

*otherwise, disposal income is calculated and used

What happens if both means test and IOJ test is passed?

The MC will grant a criminal defence representation order and the order will be sent to their solicitor

Sets out why it is in the interests of justice that Darren is granted legal aid

Due to CJSSS aim of plea entered at first hearing, what should happen?

The CPS should make sufficient disclosure at the first hearing to enable the defendant to enter a plea; and the defence should be prepared and ready to do so

If the case is adjourned, the magistrates will consider whether the defendant should be granted bail or remanded in custody prior to the next hearing

If the offence is either-way what does the MC consider?

If the D enters a guilty plea - the magistrates will then need to determine whether they should sentence the defendant, or whether the defendant should be committed to the Crown Court for sentence because the magistrates’ sentencing powers are insufficient

Case may need to be adjourned

What happens if a D is charged with an indictable offence?

An adult defendant charged with an offence triable only on indictment will be sent straight to the Crown Court for either trial or sentence following a preliminary hearing in the magistrates’ court, pursuant to s 51(1) of the CDA 1998

Therefore almost always adjourned - so magistrates can determine whether the defendant should be released on bail or remanded in custody prior to the next hearing which will take place in the Crown Court.

When will an allocation hearing only take place?

Where the D indicates a not guilty plea

Is robbery either-way or triable on indictment?

INDICTMENT - only triable in the CC regardless of the value of the amount stolen