Lecture notes
First Appearances - BPTC Advanced Criminal Litigation Notes
First Appearances - BPTC Advanced Criminal Litigation Notes
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ADVANCED CRIMINAL LITIGATION1. First Appearances
Preparing for a first appearance:
• Read any papers you have
• If all you have is post it note- ring instructing solicitor to find out as much you can
about D.
• Which court are you in – some MC
• Is D in custody or bail? - so when you get to court you know whether to go into the
cells or if on bail, need to look in public area of court.
• Offence(s)? – check whether S/O, E/W, I/O. So can appropriately advise client.
• Defence(s) – so can give full instructions as to whether they have a defence
• Sentencing Guidelines – Ds want to know what they will get if convicted.
• If manage to speak to solicitor, good to ask if any friends & family going to be
attending court- polite to go speak to them, explain what is going on and if to be a
bail application, often friends & family stand as security/surety or provide an address
for the offence.
On arrival at court:
• Go check the court list- list usually in alphabetical order in MC.
• Sign in with the usher
• Go to CPS room and get initial details bundle- if you get to court late and there is a
delay getting those details and you have a client in custody, need to decide whether
to go see client to tell them you are waiting for initial details or wait until you get
them- depends on how long wait is to be. Not good to go conference without ID
bundle.
• Once you have got them, contain charge sheet, case summary, other statements, so
then can go have conference with your client.
• Speak to F+F- make sure got instructions from client as they want you to speak to for
matters of bail
• Tell the court you are ready for your case to be called on
Conference- Indictable Only
• Read initial details BEFORE the conference
• Introduce yourself
• Explain what will happen at the first appearance:
(a) What the D will have to say- going to have to say very little, have to identify
themselves and may have to enter plea (not for indictable though)
(b) What will the court ask the lawyers involved? – the lawyers and the court are
going to raise various matters.
(c) When the next hearing will be- depends on decisions made at first hearing but
rough idea of where its going
• Not going to enter plea today as indictable only but tell them about credit for guilty
plea (R v Caley [2012] EWCA Crim 2821) and early GP provisions- if straight forward
case e.g. robbery, D’s clock for getting 1/3 (full credit) runs from this hearing
onwards, and if wants full credit, should avail themselves of any GP provisions that
the local CC has. Most CC now have provision for those charged with indictable only
, ADVANCED CRIMINAL LITIGATION
offences to indicate very soon after first appearance that they are going to PG so
instead of waiting for Case Management Hearing, can dispose of case earlier. May
not apply, if first appearance of e.g. a complicated fraud.
• Take instructions on bail (if appropriate)- if D in custody, may want to make a bail
application. Best time as D can give application and F+F all here. May only give bail if
can give surety and may not be F+F there so if so would have to advise might not be
accepted even if make application. Explain if D charged with murder, mags not
capable of permitting bail. If D charged with murder does want to make one though,
normal practice is to list it at the CC the next day before circuit judge/recorder who
does have power to grant bail.
• Legal aid forms- unless being payed privately, must make sure LA forms filled in
correctly. They change regularly (can throw it in bin if not right version) and not
provided at court, need to print off copies in advance.
Conference- Summary Only
• Read initial details BEFORE the conference
• Introduce yourself
• Explain what will happen at the first appearance:
(a) What the D will have to say- going to have to say very little, have to identify
themselves and may have to enter plea (not for indictable though)
(b) What will the court ask the lawyers involved? – the lawyers and the court are
going to raise various matters.
(c) When the next hearing will be- depends on decisions made at first hearing
but rough idea of where it’s going
• Take instructions where the proof is incomplete- assuming you have proof of evidence.
If not, will have to take details from D of their account of events from scratch.
• Once you have got that, you are able to explain nature and strength of evidence to D.
Advise on:
(a) Plea (and credit (Caley- as this is S/O, first appearance almost certainly seen
as last point you could get 1/3 reduction for GP)
(b) Sentence – on GP and upon conviction after trial.
• Take instructions on
(a) Plea- for them to make a decision though
(b) Mitigation (if pleading guilty)- if D PG, you are expected to mitigate there and
then so need proper instructions.
(c) Bail (if appropriate)- if D in custody, need to take instructions from them if
they want to make bail application. This ties into mitigation as if D PG and if
you are making an application for a PSR, court will want to decide if that
happening on bail or in custody (remember court not entitled to give you PSR
need to make submissions on it) but need to take instructions on both.
• Legal Aid forms- need to be completed.
Conference- E/w
• Explain what will happen at the first appearance:
(d) What the D will have to say- going to have to say very little, have to identify
themselves and may have to enter plea (not for indictable though)
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