Plea Before Venue and Allocation of Business Between the Magistrates’ Court and Crown Court

Criminal Practice - Chapter 6

What is an IDPC? (initial details of the prosecution case)

Helps solicitor advise the client as to their plea and, if given the choice, trial venue

Relevant to all types of offence

What does an IDPC contain?

i) where the defendant was in police custody for the offence charged immediately before the first hearing in the magistrates’ court - summary of circumstances/criminal record

ii) in all other cases - summary of circumstances and any account given by D in interview

iii) any written witness statement

iv) D’s criminal record

v) if available - a victim impact statement

What will a solicitor consider when advising on a plea?

i) client’s response - review the interview - conduct of D and police - do they come across well? could it be excluded?

ii) strength of the prosecution case - credit if entering guilty plea early if case is strong

iii) if it is necessary to obtain further evidence

iv) where the client has been charged with an either-way offence and is pleading not guilty, if given the choice, whether they should elect to be tried in the magistrates’ court, or before a judge and jury in the Crown Court

What are the factors in favour of the CC?

i) greater chance of acquittal - due to jury - magistrates more likely to favour the evidence of police officers from whom they may have heard evidence in previous cases (be prejudiced by previous convictions)

ii) better procedure for challenging admissibility of prosecution evidence - mini-hearing for judge to decide (voir dire) - only y if the judge decides that the evidence is admissible will the jury ever hear about it

• in MC, magistrates are responsible for determining both matters of law and matters of fact (potential bias)

iii) more time to prepare the case for trial

What factors favour the MC?

i) limited sentencing power - max sentence is 12 months imprisonment for either-way offence (but can commit to CC if inadequate)

ii) speed and stress - trial takes place sooner - less formal/intimidating

iii) prosecution costs - if a D is convicted in either the magistrates’ court or the Crown Court, they are likely to be ordered to make a contribution towards the costs incurred by the CPS in bringing the case against them

iv) defence costs - if granted legal aid, do not have to contribute to costs - (i.e. household disposable income currently under £37,500)

v) no obligation to serve defence statement - less info is needed to be provided

What are the benefits of pleading guilty?

The solicitor should advise the client that, were they to plead guilty, the client will receive a reduction in their sentence from the court for entering an early guilty plea

What are the limitations if the client pleads not guilty?

i) can cross-examine (but must be careful not to assert any positive defence that they know to be false)

ii) can make a submission of no case to answer at the end of the prosecution case as this would not involve misleading the court

*unable to continue acting for the defendant if the submission of no case to answer was unsuccessful and the defendant then insisted on entering the witness box to give evidence which the solicitor knew to be false.

What happens if a client indicates a guilty plea?

They are treated as having been tried summarily and convicted

At this point the magistrates will need to decide if their sentencing powers are sufficient to deal with the case, or if the defendant should be sentenced by a Crown Court judge who has greater sentencing powers.

If the magistrates decide that their sentencing powers are sufficient, they will then either sentence the defendant straight away, or adjourn the case for a pre-sentence report before sentencing the defendant

What is the max imprisonment in the MC?

Six months (decreased from twelve)

12 months for two or more either-way offences.

What happens if a defendant is committed to the Crown Court for sentence?

They will remanded either in custody, or on bail

When a D who has been on bail enters a guilty plea, the magistrates are likely to grant them bail, even if they anticipate that the defendant will receive a custodial sentence at the Crown Court

If a defendant who has been in custody enters a guilty plea at the plea before venue hearing, they are likely to remain in custody prior to the sentencing hearing at the Crown Court

custody > custody

bail > bail

What happens if a D indicates a not guilty plea to an either-way offence?

Will be sent to CC if:

i) the defendant is sent to the Crown Court for trial for a related offence

ii) charged jointly with a related e/w offence which is sent to CC

iii) the defendant is charged jointly, or charged with a related either-way offence, with a youth defendant who is sent to the Crown Court for trial.

What will the magistrates consider when allocating a case?

i) any representations made by the prosecution or defence, as to whether summary trial or trial on indictment would be more suitable

ii) whether the sentence which they would have power to impose for the offence would be adequate

What do the allocation guidelines state regarding e/w offences?

E/w offences should be tried summarily unless it is likely that the court’s sentencing powers will be insufficient

Additionally, the court should assess the likely sentence in the light of the facts alleged by the prosecution case, taking into account all aspects of the case, including those advanced by the defence.

If the court decides that the case is more suitable for summary trial, what must be explained to the defendant?

i) the case appears suitable for summary trial

ii) they can consent to be tried summarily or choose to be tried on indictment

iii) if they consent to be tried summarily and are convicted, they may be committed to the Crown Court for sentence.

What happens if the D requests an indication of sentence?

I.e. an indication of whether a custodial or non-custodial sentence would be more likely if they were to be tried summarily and plead guilty

No court may impose a custodial sentence for the offence unless such a sentence was indicated in the indication of sentence referred to in s 20

Is an indication of sentence binding?

NO - an indication of sentence shall not be binding on any court

No sentence may be challenged or be the subject of appeal in any court on the ground that it is not consistent with an indication of sentence

*court does not need to give an indication of sentence - an indication of a noncustodial sentence will generally prevent a court from imposing a custodial sentence for the offence

What happens if a D does not change their plea to guilty?

The indication of sentence shall not be binding on any court - and no sentence may be challenged.