Summary Criminal Litigation UNIT 4 - Allocation Procedures
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Course
BPC
Institution
BPC
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4. Procedure in the Magistrates’ Courts, Allocation for
Trial, and Sending to the Crown Court for Trial or Sentence
Includes:
- First Appearances
- Plea and Allocation Process
- Other Crown Court Allocation
- Defence Statements
First Appearances
All cases start in the Magistates’ Court with defendant’s first appearance (s2(2) MCA 1980).
This first appearance is where the accused will face the offence or list of offences they
have been charged with, and will be expected to issue their plea (in summary only
matters) or an indication of plea (in either-way matters); an indictable offence will be
sent straight to the Crown Court, without a plea being taken. The court will also address
issues of bail.
At first appearance, the prosecution will also present their ‘initial details’
Disclosure of Initial Details of Prosecution
‘Initial details’ are a summary of the prosecution case. CrimPR Part 8 contains the
provisions for the disclosure of initial details and applies in every case.
D5.20 CrimPR Rule 8.2(1)(a) requires the prosecutor, as soon as practicable (no later than
the beginning of the day of the first hearing), to provide the court the initial details.
8.2 (2) provides that, if the accused requests the initial details, the prosecution must
serve them as soon as practicable (no later than the beginning of the date of the first
hearing). If the accused does not request them, the prosecution must make them available
to the accused no later than the beginning of the date of the first hearing.
8.3 provides clarity on what should be contained within initial details in different
circumstances, those being:
(a) Where immediately before the first hearing, the accused was in police custody:
o A summary of the circumstances of the offence;
o The accused of criminal record
(b) Where the accused is not in custody:
o A summary of the circumstances of the offence;
o Any account given by the accused in interview;
o Any written witness statements material to play;
Crim PD o Whether
I, para 3A.4 the caseplain
makes should be8.3
that. tried in the magistrates
information must becourt or Crown
sufficient Court;
to allow
o Sentence;
the accused and the court, at the first hearing, to take an informed view on the
plea andovenue
The accused
for trial. criminal record;
o Any available statement of the effect of the offence on victims or their family
, In addition to the above, the Preparation for Effective Trial form must also be
available for submission at the first hearing.
Failure to Comply
Under Part 8, if the prosecution fails to comply with the above, magistrates’ courts
are entitled to make a direction. Under CrimPR 3.5 (6) such directions include:
(a) Adjournment; and/ or
(b) Cost sanction order;
5.21 Under Crim PR 8.4, if the prosecutor wants to introduce information contained
in an 8.3 list, but has not served that document on the accused or made it available,
the prosecutor will not be permitted to introduce information, unless the court first
allows the defendant sufficient time to consider it.
However, the court cannot dismiss a charge on the basis of failure to disclose
initial details.
Plea and Allocation Process
The plea that an accused can plead:
Guilty; or
Not Guilty; or
Make no indication as to plea.
An equivocal plea/ contradictory plea. Or ambiguous plea is where the defendant
pleads guilty but subsequently indicates a defence (eg in a rape case, I am guilty but
V consented), in this instance, the court will have to ascertain the accused’s true
plea, by explaining the relevant law, before proceeding to sentence.
Once a plea is entered, the allocation process will begin:
In summary matters a plea will be taken from the defendant and trial
preparation will begin;
For indictable-only matters, defendant will be sent to the Crown Court,
under s51(CDA 1998);
For either-way matters, a plea will be taken from the defendant at a plea
before venue hearing* and the case will be allocated to either the Crown
Court or the magistrates’ court.
*Plea Before Venue
D6.6 Sections 17A-21 MCA 1980 sets out the method of determining allocation if
the defendant is charged with either-way offence. The first stage, known as the plea
before venue, ascertains the accused intended plea.
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