BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Bar Professional Training Course
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PROCEDURE IN THE MAGISTRATES COURT, ALLOCATION FOR TRIAL AND SENDING TO THE CROWN COURT FOR TRIAL OR SENTENCE NOTES
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Bar Professional Training Course
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BPP University College Of Professional Studies Limited (BPP)
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Blackstone\'s Criminal Practice 2021 (Book and All Supplements)
PROCEDURE IN THE MC, ALLOCATION FOR TRIAL AND SENDING TO THE CC FOR TRIAL OR SENTENCE NOTES - BPTC, CRIMINAL LITIGATION
In conjunction with BPP Criminal Litigation Manual and Blackstone's Criminal Practice 2021.
Disclosure of unused material and defence statements
ANCILLARY ORDERS AND COSTS ON CONVICTION NOTES
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Bar Professional Training Course
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PROCEDURE IN THE MC, ALLOCATION FOR TRIAL AND SENDING TO THE CC FOR TRIAL OR
SENTENCE NOTES
summary-only trial and sentence
offence in MC
A MC declines
jurisdiction OR D elects Trial and Sentence in CC
either-way CC for trial
All adult D's have offence
their first hearing in a
MC a MC accepts
jurisdiction and D trial in MC. Sentence in
consents to a summary MC OR CC.
trial
indictable only sent to CC for trial
offence and/or sentence
1. The rules relating to the provision of initial details of the prosecution case
Disclosure of initial details of Prosecution case
Initial details of P case do not have to be automatically served on accused. Rather, if the
accused requests initial details of the case against him, P is obliged to serve these as soon as
practicable (and in any event, no later than the beginning of the first hearing) (8.2(2). Where
accused asks for initial details, the same limit applies to service of initial details on the
defence. If accused does not request those details, P must make them available to the accused
at or before the beginning of the day of the first hearing (8.2(3)).
Where immediately before the hearing in the MC (8.3):
1. 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).
2. 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 and any written WS (including
exhibits) that the prosecutor has available at that stage and which he considers to be material
to plea, or to whether the case should be tried in a MC or the CC, or to sentence; the accused's
criminal record (if any) and any available statement of the effect of the offence on V or their
family (or on others).
NOTE: The reference to a MC in part 8 includes youth courts, and so these provisions apply
equally to cases in the youth court where the accused is under the age of 18.
The information supplied at the first hearing must be sufficient to allow A and court to take
an informed view on plea and where applicable, venue for trial (CrimPD 1, para 3A.4)
,If accused is on bail and the P does not anticipate a GP at the first hearing in a MC, the initial
details of the P case that are provided for that first hearing must be sufficient to assist the
court to identify the real issues and to give appropriate directions for an effective trial
(regardless of whether the trial is in the MC or the CC).
A failure to supply initial details does not constitute a ground upon which a court may dismiss
a charge or give rise to an abuse of process application. The usual remedy is for the court to
adjourn a first hearing and/or award costs to the defence for P’s failure to serve.
The information required for the Preparation for Effective Trial form must be available to be
submitted at the first hearing, and the parties must complete that form (para. 3A.13)
2. Preliminary hearings and entering pleas in the magistrates’ court and equivocal pleas
Pre-trial hearings by television link
The court is able to direct that an accused who is in custody may appear at preliminary
hearings, and at sentencing hearings, via a 'live link' from prison or from a police station
(s57A, 57B, 57D and 57E Crime and Disorder Act 1998). The accused is to be treated as
present in court when he attends via a live link (s57A) to require that that they are able to see
and hear, and to be seen and heard by, the court during the hearing. These are strongly
encouraged; where it is lawful and in the IOJ, courts should exercise their statutory and other
powers to conduct hearings by live link or telephone' (CrimPD I, para. 3N.1).
If a hearing is open to the public, use of media such as Skype or Facetime, which are not
generally considered secure from interception, may not be objectionable as the information
is in the public domain anyway (Para 3N.4).
Nothing prohibits the conduct of a pre-trial hearing by live link or telephone with each
participant, incl. member(s) of the court, in a different location (a 'virtual hearing'), so long as
the hearing can be witnessed by the public (e.g. by public attendance at a venue where
participants can all be seen and heard (Para 3N.8).
Proceeding to sentence → Where accused attends a preliminary hearing over a live link (s.
57B or 57C CDA) and PG to the offence (or, if it is an either-way offence, indicates a GP so is
deemed to have PG under the 'plea before venue' procedure) and the court proposes to
proceed immediately to sentencing, the accused may continue to attend through the live link
(s 57D(2)) and give oral evidence (s57D(3)) provided the court is satisfied that it is not
contrary to the IOJ for him to do so.
Preparation for Trial Hearings
All adult Ds have first hearing in MC; deals with matters e.g. plea and allocation.
Where accused on bail → the case must be listed for the first hearing 14 days after charge
(or the next available court date) if P anticipates a GP 'which is likely to be sentenced in the
MC. Where it is anticipated that the accused will PNG, or that the case is likely to be sent for
, trial or committed for sentence to the CC, the case must be listed for the first hearing 28 days
after charge (or the next available court date) (CrimPD 1, para. 3A)
Where person charged at police station→ Where A charged with an offence at a police
station, the MC before which he appears for the first time may consist of a single justice (s.
50(1) CDA). At the hearing, A is asked whether he wishes to be provided with legal aid
(s50(2)(a)) & if he indicates he does, the necessary arrangements must be made for him to
apply for it and, where appropriate, obtain it (s. 50(2)(b)). If necessary, the hearing may be
adjourned for this purpose (s. 50(4A)(a)). On adjourning, the magistrate may remand the
accused in custody or on bail (s. 50(3)(b)). If conducted by a justices’ clerk, the clerk is not
empowered to remand the accused in custody or, without the consent of P and the accused,
to remand the accused on bail on conditions other than those (if any) previously imposed (s.
50(4)).
s. 50 applies only where the accused charged at the police station SO→ does not apply where
accused granted police bail and is charged by the CPS using the written charge and requisition
procedure (s. 50(1)). However, nothing to prevent MC’s operating a system of early
administrative hearings in all cases where a NGP is expected.
Format of the first hearing (depends on the classification of the offence)
1. Indictable offence (incl. either way) and is in custody ➔ MC should, at the first hearing,
proceed 'at once' with the allocation of the case for trial (if it is an either-way offence)
and, if so required, with the sending of the accused to the CC (CrimPD I, para. 3A.5)
2. Summary offence or an either-way offence allocated for summary trial➔ the
magistrates should immediately give any necessary directions, either (on a GP) to prepare
for sentencing or for a trial (para 3A.6)
Where the accused indicates/PG in a MC, the court should consider whether a pre-sentence
report is necessary (Para 3A.8). Where MC is considering committal for sentence, or A has
indicated an intention to PG in a matter to be sent to the CC, the MC should request a PSR for
use by the CC if the MC considers that there is a realistic alternative to a custodial sentence,
the A may satisfy the criteria for classification as a dangerous offender or there is some other
appropriate reason for doing so (Para 3A.9).
A MC must conduct a 'preparation for trial hearing' (unless A is sent for trial in the CC or enters
a written guilty plea, or the single justice procedure applies) (CrimPR 3.27). At a preparation
for trial hearing, the court must give directions for an effective trial (3.27(2)).
The court may conduct one or more further pre-trial CM hearings if (3.27(1)):
(a) the court anticipates a GP; or
(b) it is necessary to conduct such a hearing to give directions for an effective trial; or
(c) such a hearing is required to set ground rules for the conduct of the questioning of a
witness or defendant.
If the accused is present, the court must (3.27(3)):
(a) satisfy itself that the accused understands that he will receive credit for a GP;
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