Pleabeforevenueandmodeoftrial PDF

Preview

Summary

LPC Notes...

Description

Criminal 2 PLEA BEFORE VENUE AND MODE OF TRIAL  PLEA BEFORE VENUE Page 187 – Flow chart. Probably second hearing – after ‘Early Administrative Hearing’ If there has been no AD – case adjourned. STAGE 1: If there’s been AD – client will enter plea: Guilty – no trial – sentencing – either by Magistrates, or if they decide they have no power, send to Crown Court for sentencing. Not Guilty or no plea at this stage – Magi’s decide if they have power to deal with case…  STAGE 2: Does the Magistrates’ Court have enough power to accept the case? Can they accept jurisdiction? Matters magistrates will take into account when deciding whether to accept jurisdiction (also p 452):  Nature of offence? Apply to facts – factors.  Is it of serious character? Apply to facts – factors - is it a sophisticated operation? Quantity? Harm? Damage?  Are the sentencing powers/punishment powers adequate? Apply to facts – factors. What is maximum court can fine/imprison for?  Any other circumstances which might indicate one court or another? For exam – apply each to facts - & use magistrates sentencing guidelines & PRACICE DIRECTION – p 65 (especially if Burglary, ABH, violence, assault, theft & fraud, drugs)!!! – It lists aggravating factors that suggest summary trial is not suitable. National Mode of Trial Guidelines Prosecution version accepted as true accounts of events NO ACCOUNT IS TAKEN OF ACCUSED’S PREVIOUS CONVICTIONS Presumption in favour of summary trial If Magi’s decides they do not have power to accept jurisdiction – they’ll decline & it’ll be off to Crown Court for committal proceedings… If Magi’s accept jurisdiction, D will be asked to make a plea: If D makes Guilty Plea (as before, changed from no plea) – sentencing – either by Magistrates, or if they decide they have no power, send to Crown Court for sentencing LOOK @ guidelines p 263. If D makes Not Guilty Plea – he can decide where to be tried – Crown Court or Magistrates. 

MODE OF TRIAL

Advise client as to selecting a court. Use facts – what is best for him? Has he got £££? Respected in society? Does he want to less people to know about court appearance? Is he in bail?

1

Criminal 2 Do for against arguments for your client…advise him on which YOU think is best…ultimately it’s his decision  MAGISTRATES COURT – Advantages *Quicker – so if D in custody i.e. didn’t get bail, the delay before trial will be shorter. So if he’s found innocent he’ll be out of jail quickly. *Lower costs – if convicted – likely he’ll have to pay defence costs. CC likely to be more expensive. If at CC – representation is means tested, so he could also have to contribute to defence costs. He won’t have to do so at Magi. *Sentencing Powers – sentences are less severe (but D may be referred to CC for sentencing) *Disclosure – at Magi D doesn’t have to lodge defence statement, but at CC he will have to – give details of his alibis if there any – may trigger s. 34 if he didn’t mention it in police station. Disadvantages *Magistrates’ are case hardened – pissed of. CROWN COURT Advantages *Jury – Likelihood of conviction – they are more sympathetic. They are new to criminal system – more inclined to believe D. If there is issue such as cannabis – more resilient. *Dealing with admissibility of evidence – look at the facts open to you – analyse evidence: are you going to want to challenge admissibility of evidence? Here – Q’s of admissibility decided by judge – in absence of jury – so they’ll never hear about a confession if rule inadmissible. *Complex case – is there expert report? Better dealt with in CC. *Speed – although it is a disadvantage because it is slower – you have longer to prepare defenceConsider on facts –has your client been refused bail? If yes, he’ll be in prison for longer – weigh up all facts. MAKE FULL USE OF ADVANCE DISCLOSURE It’ll help u decide wat court is suitable – Evaluate prosecution evidence: e.g. prosecution relying on confession & u wanna challenging it – it would be advisable for your client to be tried at Crown Court as the jury will not hear about any evidence that’s been successfully challenged.

2...