First hearing overview

Question 1

Where do all adult Ds have their first hearing?

Answer 1

Before a magistrates’ court irrespecive of offcence charged with - nature and format of hearing alond with subsequent appearance location is determined by category of offence charge:
* summary only offences - only be dealt in MC
* either-way offence - can be dealt in MC or CC
* indicatable only offence - only be dealt in CC

either-way and indictable only offences are known as indictable offences

Question 2

What is the timing of first hearing?

Answer 2

Where D is on bail, first hearing must be within:
* 14 days of being charged - if prosecutor anticipates guity plea, likely to be sentenced in MC
* 28 days of being charged - where anticpated, D will plead not gulity or case likely to go to CC for trial or sentence

If D was detained in police custody following charge, must be brought before next available court

Question 3

What is said about the defendant’s presence?

Answer 3

D must be present at first hearing
* if D fails to attends when D was bailed, court can issue a warrant for D’s arrest (offence under Bail Act)
* where D does not attend as required then court will consider whether it can proceed with hearing anyway - not usually possible if hearing will deal with allocation of either-way offence or sending an indictable case to CC
* if D has been summoned to court (non-imprisonable, minor or road traffic offence), D does not committ any offence for non-appearance as long as prosecution has served the statements and D has been warned of hearing, case can proceed in abscence of D. If convicted, penality can be imposed in absentia.

Question 4

The initial details of the prosecution case (IDPC)?

Answer 4

Prosecution is obliged to serve initial details on court officer as soon as practicable and in event, no later than the beginning of day of first hearing
- where D requests these details, prosecution must serve them as soon as practicable and in event, no later than the beginning of day of first hearing
- CPS now uses electronic case files (MC online system) - solicitor would then request case on The Common Platform
- failure by prosecution to serve iniital details, usual remdy is for court to adjourn first hearing and/or award costs to the defence

Question 5

What does the initial details contain?

Answer 5

• Summary of circumstances of offence
• an account given by D in interview
• any written statements and exhibits that are available and material to plea and/or mode of trial or sentence
• victim impact statements and
• D’s criminal record

where D was in police custody immediately before first hearing, initial details need only comprise of summary of circumstance of case and D’s criminal record

Question 6

What should the information in the inital details be sufficient for?

Answer 6

• Must be sufficient at first hearing to allow court to take informed view on plea and venue for trial
• Where no guilty plea is anticipated, initial details should be sufficient to assit court in identifying the real issues and in giving directions - information required for the Preparation for Effective Trial (PET) form must be available and where there is to be summary trial, parties must complete form.

Question 7

Overview of first hearing

Answer 7

Summary and either-way offences:
* Hearing deals with - plea, bail and representation and legal aid
* depending on type of offence, it may progress to sentence

Indictable only:
* MC has no jurisdiction to deal with indictable only offences so D charged with this makes on a brief apperance in MC
* MC deals with bail and legal aid - D will indictate plea on CC sending form.
* D is sent to CC where they enter plea, hearing at CC is 3 or 4 weeks later depedning on D’s bail status

Question 8

What are the exceptions allowing summary only offence in CC?

Answer 8

• Where D is charged with an offence that is to be tried in CC and there is a summary only offence which is connected to indictable offence
• includes (s 40 CJA): common assault, assaulting a prison or secure training centre officer, criminal damage, driving a motor vehicle while disqualified = relates summary matters that must be sent to trial and included on an indictment.
• where a summary only offence is not in list, it will not appear on indictment but when trial is over, accused will be asked to enter plea in relation to summary only offence, if D pleads guilty, the CC may deal with offence in way that would be open to MC but if D pleads guilty, CC has no further power and trial is remitted to MC.