Defendants aged 18+ charged with criminal offences will make their first appearance at the Magistrates (hence forth shall be referred to as the Mags...bcoz im cool like that).
Any Defendant charged with an indictable only offence ill immediately send the case to the Crown Court under s51 of the Crime and Disorder Act 1998. But all summary only and either way offences will be dealt with by the mags.
Once charged the defendant will either be refused bail or granted bail in which case the Defendant will attend court to answer his bail.
Depending on the case complexity and the Defendants likely plea the Defendants 1st appearance will either be an Early First Hearing (EFH) or an Early Administrative Hearing (EAH).
Early First Hearing: Used when the Defendant is going to enter a ‘simple guilty plea’ admitting all the elements of the offence.
Summary Offences – Defendant will appear before a full bench of 3 mags. The charges will be read out to the D & he enters a plea. CPS will state facts of the case & Defence solicitor will give a plea in mitigation. Mags will either sentence straight away or adjourn if they want a pre-sentence report from the probation service. If adjourned bail will be dealt with.
Either way Offences – Same as above, except once a plea has been entered into the mags will decide if they have sufficient powers to deal with it or pass it to the Crown Court for sentencing depending on the seriousness of the case. Mags will either sentence straight away or adjourn if they want a pre-sentence report from the probation service. If adjourned bail will be dealt with.
Early Administrative Hearing: Is essentially an admin hearing. Mags will check Defendant has legal representation or to obtain public funding. Or will be adjourned to allow defence to asses the strength of the case & the plea the Defendant should enter. Will need disclosure of the prosecutions case. Usually dealt by a bench of 3 mags but can sometimes be dealt with by a Clerk or Legal Advisor, unless the prosecution object to the Defendant being granted bail.
Prior to the next hearing the Defence should: at their first appearance before the mags, few will enter a plea just yet and will usually be adjourned for them to take advice from their solicitor.
The Defence Should:
1. Obtain funding from the LSC.
2. Take a statement from the client.
3. Obtain details of the prosecutions case from CPS.
4. Advise client on the strength of their case & his plea.
5. If its an either way offence; inform client of the possibility of it being sent to the Crown Court and its pros & cons of each court.
Next hearing: entering a plea – At this point the court would expect the Defendant is in a position to enter his plea.
Summary offence – if entering a guilty plea, the mags will either sentence the Defendant straight away or adjourn for a pre-sentence report. If the Defendant pleads NOT guilty they will fix a date for his trail and issue case management directions. Mags will also deal with bail.
Either way offences – if however the Defendant enters a guilty plea or a not guilty plea. The Mags will have to decide if their powers are sufficient to sentence (if guilty) or to be tried (if not guilty). Or if they should issue to the Crown Court. This is known as the Plea before Venue & Mode of Trial Procedure.
Plea before Venue Hearing Procedure
1. The charges will be read out to the D.
2. The clerk will then ask the D to enter a plea. And if guilty he will be treated as if he he’d pleaded guilty before the mags who will then either sentence him or commit him to the Crown Court for sentencing.
3. If the Defendant pleads guilty, the CPS will outline the facts of the case including previous convictions. Defence will give a plea in mitigation. At which point mags will determine if their sentencing powers are sufficient (anything from 6 months for an e/w and 12 months for a Defendant found guilty of 2 count of an either way offence). Depending on the seriousness of the office, with reference to Magistrates Sentencing Guidelines & any aggravating/mitigating factors.
4. If mags powers are insufficient they will commit to the Crown for sentencing pursuant to the Power of Criminal Courts (sentencing) Act 2000, s3. The procedural rule which must be complied with when Defendant is committed to the Crown Court for sentence are set out in Part 43 of the Criminal Procedural Rules 05.
5. Id the Defendant refuses to enter a pea or enters a not guilty plea we will advance to the ‘Mode of Trial’.
Mode of Trial
Mags will decide whether offence is suitable for summary or committal to Crown based on Prosecution and defence making representations. They must consider:
a) The nature of the offence.
b) Circumstances making the offence of the a serious character.
c) Mags punishment powers are adequate for the offence.
d) Any other circumstances why it should be tried at one venue or another.
Defendant will be informed he has the right to elect a venue if he so chooses, if he elects by summary, they will fix a trial date and issue case management directions. If the Defendant elects trial by Crown Court the case will be adjourned for a committal hearing.
