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Procedure in the magistrates' courts, allocation for trial and sending…
Procedure in the magistrates' courts, allocation for trial and sending to the Crown Court
Failure to comply
Failure to Comply
The prosecutor, as soon as practicable (and, in any event, no later than the beginning of the day of the first hearing), to provide to the court 'initial details' of the prosecution case
If the accused requests the initial details, the prosecutor must serve them as soon as practicable (and, in any event
No later than the beginning of the day of the first hearing); if the accused does not request those details, the prosecutor must make them available to the accused at, or before, the beginning of the day of the first hearing (r. 8.2(3))
Where, immediately before the first hearing in the magistrates' court, the accused was in police custody for the offence charged, initial details comprise a 'summary of the circumstances of the offence', and the accused's criminal record (if any)
If the accused is not in custody, initial details comprise: a summary of the circumstances of the offence; any account given by the accused in interview (set out either in the summary or in a separate document)
Any written witness statements (including exhibits) that the prosecutor has available at that stage and which the prosecutor considers to be material to plea, or to whether the case should be tried in a magistrates' court or the Crown Court, or to sentence; the accused's criminal record (if any); and any available statement of the effect of the offence on victims or their family (or on others)
It is submitted that the reference to a magistrates' court in Part 8 should be taken to include youth courts, and so these provisions apply equally to cases in the youth court where the accused is under the age of 18
CrimPD 5.1.1(a) notes that it is 'essential' that initial details are 'sufficient to assist the court to identify real issues and give directions for an effective magistrates' court or Crown Court trial'
If a party fails to comply with direction given by the court, the court may (for example) adjourn the hearing
Failure on the part of the prosecution to comply with Part 8 is likely to result in an adjournment (and possibly a costs sanction
Where the prosecutor wants to introduce information contained in a document listed but has not served that document on the accused or made that information available
In such cases, the prosecutor will not be permitted to 'introduce that information unless the court first allows the defendant sufficient time to consider it'
However, it would appear that the court cannot dismiss the charge(s) brought by the prosecution because of non-compliance with a request for initial details of the prosecution case
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the magistrates' court before which the accused appears for the first time in relation to that charge may consist of a single justice
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if the accused does so wish, the necessary arrangements for an application must be made and, where appropriate, legal aid obtained and, if necessary, the hearing may be adjourned for this purpose
On adjourning the hearing, the magistrate may remand the accused in custody or on bail
An early administrative hearing may be conducted by a justices' clerk (or an assistant clerk who has been specifically authorised by the justices' clerk for that purpose
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Pre-trial Rulings
The Magistrates Court Act 1980, s. 8A , applies to cases that are to be tried summarily where the accused has entered a not guilty plea
A pre-trial hearing is a hearing that takes place before the court begins to hear evidence from the prosecution at the trial
Or where fitness to plead is an issue, before the court considers whether to exercise its power under the Mental Health Act 1983, s. 37(3), to make a hospital order without convicting the accused
At a pre-trial hearing, the magistrates may decide any question as to the admissibility of evidence and any other question of law relating to the case
Such rulings may be made only if the court has given the parties an opportunity to be heard and it appears to the court that it is in the interests of justice to make the rulings
If the accused is unrepresented, he or she must be given the chance to apply for legal aid
Pre-trial rulings may be made on the application of the defence or prosecution, or of the court's own motion
A pre-trial ruling is binding until the case against the accused (or, where there is more than one, against each of them) is disposed of
The case is disposed of if the accused is acquitted or convicted, or the prosecutor decides not to proceed with the case, or the case is dismissed
The court may (on application by a party or of its own motion) discharge or vary a pre-trial ruling provided it appears to the court that it is in the interests of justice to do so, and the court has given the parties an opportunity to be heard
A party can apply for the ruling to be discharged or varied only if there has been a material change of circumstances since the ruling was made or, if there has been a previous application under s. 8B,
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Once a decision has been made after proper inquiry and consideration of all relevant factors, it cannot be reversed merely by re-examining the case afresh on the same material'
A review of a decision 'will be permissible if a change of circumstances has occurred since the original decision was taken' or 'if circumstances are brought to the attention of the court which, although existing when the original decision was taken, were not then drawn to the attention of the court'
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Ambiguous Pleas
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Either at the time of pleading or subsequently in mitigation,
Qualifies it with words that suggest the accused may have a defence (e.g., 'Guilty,
But it was an accident' or 'Guilty, but I was going to give it back'), then the court must not proceed to sentence on the basis of the plea but should explain the relevant law and seek to ascertain whether the accused genuinely intends to plead guilty
If the plea cannot be clarified, the court should order a not guilty plea to be entered on the accused's behalf
'If [the accused] stands mute of malice or will not answer directly to the indictment, the court may order a plea of not guilty to be entered')
Should the court proceed to sentence on a plea which is imperfect, unfinished or otherwise ambiguous, the accused will have a good ground of appeal
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The Defence Statement
Once the case is sent to the Crown Court and the prosecution case is served,
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The defence statement is a written statement setting out the basis on which the case will be defended
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• The nature of the accused's defence, including any particular defences upon which the accused intends to rely;
• The matters of fact on which the accused takes issue with the prosecution, with the reasons why;
• Particulars of the matters of fact on which the accused intends to rely for the purposes of defence; and
• Any points of law which the accused wishes to take, with any authorities relied upon
It should be stressed that the duty of disclosure imposed on the defence is different to that which is meant by the prosecution 'duty of disclosure'
In respect of the defence, it is a duty to reveal the case which will be presented at trial (rather than, as in the case of the prosecution, to disclose unused material)
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Plea before Venue
The initial procedure set out in the MCA 1980, s. 17A applies whenever a person who has attained the age of 18 appears before a magistrates' court charged with an either way offence
This procedure must be complied with before any evidence is called for purposes of a summary trial or the case is sent for Crown Court trial, and (subject to certain exceptions, considered at should take place in the presence of the accused
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The court explains that the accused may indicate whether the plea would be guilty or not guilty if the offence were to proceed to trial
The court should explain that, if the accused indicates a plea of guilty, the proceedings will be treated as a summary trial at which a guilty plea has been tendered, and that the accused may be committed for sentence
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If it appears to the court that the criteria for the imposition of a sentence (the 'dangerous offender' provisions), apply
The court asks the accused to indicate whether (if the offence were to proceed to trial) the plea would be guilty or not guilty
If the accused indicates a guilty plea, the court proceeds as if the accused had pleaded guilty at summary trial , and so moves on to the sentencing stage
If the accused indicates a not guilty plea, an allocation ('mode of trial') hearing must take place, pursuant to
If the accused fails to give an indication of intended plea,
The court will regard this as an indication of an intention to plead not guilty and so will go on to determine allocation
Allocation
Where the accused has indicated an intention to plead not guilty to an either way offence (or has failed to give an indication as to plea)
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At that stage, the prosecution must also be given the opportunity of informing the magistrates of any previous convictions recorded against the accused
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The court then must decide whether the offence appears to be more suitable for summary trial or for trial on indictment
The court, when deciding which mode of trial is more suitable, must consider:
Whether the sentence which a magistrates' court would have power to impose for the offence would be adequate;
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If the accused is tried summarily and convicted, the magistrates may commit the accused to the Crown Court for sentence if they are of the opinion that greater punishment should be inflicted than they have power to inflict
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At that point, the accused may request that the magistrates indicate whether, if the accused were to be tried summarily and were to plead guilty at that stage,
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Legitimate Expectation
The discretion of the magistrates to commit for sentence is subject to the general principle of 'legitimate expectation'
If the offender has been led to believe, whether expressly or by implication, that the magistrates will pass sentence, the offender should not subsequently be committed for sentence, whether by the same or a differently constituted bench
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Allocation Guideline
Allocation, states that, in general, either way offences should be tried summarily unless either:
• The outcome would clearly be a sentence in excess of the court's powers for the offence(s) concerned after taking into account personal mitigation and any potential reduction for a guilty plea; or
For reasons of unusual legal, procedural or factual complexity, the case should be tried in the Crown Court
This exception may apply in cases where a very substantial fine is the likely sentence; other circumstances where this exception will apply are likely to be 'rare and case specific'
The guideline goes on to say that, in cases with no factual or legal complications
the court should bear in mind its power to commit for sentence after a trial,
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The guideline also says that 'all parties should be asked by the court to make representations as to whether the case is suitable for summary trial'
The court should refer to the relevant definitive offence-specific guidelines (if any) to assess the likely sentence for the offence 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, including any personal mitigation to which the defence wish to refer)
Where the court decides that the case is suitable to be dealt with in the magistrates' court, it must warn the accused that all sentencing options remain open and that,
if the accused consents to summary trial and is convicted by the court or pleads guilty, the accused may be committed to the Crown Court for sentence
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Value Involved
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If the property was repairable, the value involved is the probable market cost of repairs or the probable market replacement cost, whichever is the less
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Committal for Sentence under the Sentencing Act 2020, s. 18
Where the accused has indicated a guilty plea to an either way offence (and so is deemed to have pleaded guilty to it) and is also sent for trial for one or more related offences,
The magistrates may commit the offender to the Crown Court for sentence in respect of the either way offence to which he or she has pleaded guilty
One offence is related to another if the charges for them could be joined in the same indictment if both charges were to be tried in the Crown Court
The two charges must be founded on the same facts or must be, or be part of, a series of offences of the same or a similar character
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The Crown Court can exceed the sentencing powers of the magistrates' court in respect of the either way offence so committed only if either:
The magistrates consider their sentencing powers were inadequate to deal with the offender for that offence (and so they also had power to commit the offender for sentence under s. 14); or
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Where the court is of the opinion that its sentencing powers are inadequate, it must state that opinion for the Crown Court
Committal under the Sentencing Act 2020, s. 20
The SA 2020, s. 20 gives a power to commit for sentence which may be used to supplement a committal
When a magistrates' court exercises a 'primary' committal power in respect of an indictable offence (in this context, an either way offence),
It may also commit the offender to the Crown Court to be dealt with in respect of any other offence of which he or she stands convicted (whether summary or indictable) that the magistrates' court has jurisdiction to deal with as regards sentence
Provided the committing court would be able to deal with the matter if it were not to commit, the power to commit arises even if the conviction was by a different court
To take the example of a magistrates' court which has decided to commit an offender under s. 14, for one either way offence, a committal under s. 20 might (for instance) relate to:
Another, less serious, either way offence of which the magistrates have convicted the offender on the same occasion;
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Is that, because the offence is not sufficiently serious, the magistrates' powers of sentencing for it are adequate
Co-accused
Where there are co-accused and one accused elects Crown Court trial,
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The magistrates' court must send any other accused charged with the same offence (or a related offence) to the Crown Court for trial, even if the offence(s) in question would otherwise be suitable for summary trial
Applies where the court sends an adult for trial and another adult appears before the court,
Either on the same or a subsequent occasion, charged jointly with the first adult with an either way offence, and that offence appears to the court to be related to an offence for which the first adult was sent for trial
The court must (where it is the same occasion), or may (where it is a subsequent occasion), send the other adult to the Crown Court for trial for the either way offence
Where the court sends an adult for trial it must ( at the same time send D to the Crown Court for trial for any either way or summary offence with which D is charged and which appears to the court to be related to the offence for which D is sent for trial (provided that, if it is a summary offence, it is punishable with imprisonment or disqualification from driving)