#13794 - Timetable After Charge Bail - BPC Criminal Litigation (formerly BPTC) 2024/2025

Timetable After Charge

(1) Bring before Mags

• s46 PACE- A person in police custody must be brought before Mags:

  • “As soon as is practicable and in any event no later than the first sitting after he is charged with the offence.”

  • This can be done before a single JP.

  • Dmustbe asked if he wants legal representation, and if so provision must be made. Mags must deal withwhereit will be charged, andbail.

(2) Initial Details

• When are you entitled to them?

  • Only entitled to these in Mags (summary/EW offences).

  • No details for indictable (E.g. murder) perPt 10 CPR.

  • Police must serve underr10.2 CPR“as soon as practicable”and“in any event, no later than the beginning of the first hearing”.

  • There are no specific consequences for non-compliance, but most likely non-disclosure will be prejudicial to D, so Mags likely to adjourn.

• What are “Initial Details”?

  • r10.3 CPRdefines them as:

    • Asummary of the evidence;or

    • Anystatement, document or extract setting out the facts;or

    • Anycombination of the above;and

    • D’s previous convictions.

(3) Case Management Form & Time Limits

• Case Management Form

  • Once plea of NG entered, case will be adjourned to prepare for Trial.

  • There is astandardisedform in four parts:

1. Part 1 - Completed by Prosecution and requires prosecution details, and case management information to be provided, and directions requested by Prosecution.

2. Part 2 - Equivalent for thedefence. Notifies D that trial may continue in his absence, and early plea gets sentencing discount.

3. Part 3 - (a) Each side must list intended witnesses and (b) The court must specify whether intended prosecution witnesses are justified.

4. Part 4 - Court must record its directions for trial.

• Whilst this form is to avoid unnecessary pre-trial hearings, some binding pre-trial hearings are necessary unders8A MCA 1980to resolve issues such as evidence (bad character, hearsay) or issues of law (abuse of processetc).

• Time Limits

• The following time limits apply perCriminal PD, Annex E:

(4) Advantages/Disadvantages of CC or Summary Trial

Allocation

(1) Bring before Mags

Summary Only

The Procedure for summary only offences is s9 MCA 1980:

1. Initial Details

2. Arraignment (State substance of offence to D, and ask him to plead);

   1. Guilty Plea - P gives a summary of facts, PNC sufficient to give sentence. D gives plea in mitigation. Mags may sentence or adjourn for Pre-Sentence Reports. (s10 MCA 1980)

   2. NG Plea - Adjourn to prepare for trial. Take estimate of hearing from Case Management Form, list for trial, bail, other directions.

Triable Either Way

1. Initial Details

2. Plea & Indication (The “Plea Before Venue”)

3. Allocation

   1. The Mags will decide whether to try summarily or commit to CC (s19 MCA):

      1. Prosecution and Defence may make representations;

      2. Mags shall consider Allocation Guidelines - Presumption of Summary trial:

         1. Nature of the case;

         2. Serious character of offence;

         3. Adequacy of Sentencing Powers

         4. Any Other Matters making more suitable for CC (e.g.: Lots of witnesses - too complex for Mags)

   2. Allocation must be notified to D under s21 MCA 1980.

4. Indication of Sentence

   1. D may seek an “indication of sentence” (custodial or noncustodial).

   2. Mags don’t have to give it, per s20(4), but if it does, need to ask D whether he wishes to reconsider his plea per s20(5).

      1. G - proceed as summary trial per s20(7).

      2. If doesn’t request indication, or retains NG plea after indication, the court shall nevertheless ask whether he consents to being tried summarily (and proceed to trial), and if doesn’t consent send "forthwith" to CC under s51 CDA 1998.

   3. Under s20A MCA no court (whether mags or not) can impose a custodial sentence for the offence unless this was indicated in the indication of sentence. But otherwise, the indication is not binding on any court! Thus can’t be challenged on this basis on appeal!

5. Elect for Trial in CC or Consent to Trial in Mags

   1. If D elects for CC trial, it must be sent forthwith to CC - s51 CDA 1998.

   2. If D consents for summary trial, trial date is set, and must inform D that he may nevertheless be committed to CC for sentence per s20(2)(b) MCA 1980. There is no rule that requires trial and sentence take place in the same court.

Plea Before Venue Process:

1. Prosecution Stands & Opens Facts (reference to Previous Convictions)

2. Prosecution makes submissions on Allocation Guidelines and s19 MCA factors.

3. Defence have a right but do not exercise it. If it is allocated to summary trial, D can elect at later stage for CC trial.

4. Mags decide whether sentencing powers are sufficient with reference to Allocation Guidelines. (E.G.: Theft in breach of trust is a serious aggravating factor thus need greater sentencing powers so may commit to CC).

5. Adjourn for Trial Date under s10 MCA 1980, or proceed. Must complete Case Management Form detailing P’s witnesses, D’s witnesses, Court directions for trial etc.

6. Bail.

7. (Sentence - If trial proceeds)

Indictable Offence

• D must attend Magistrates, but Mags have no jurisdiction, so can’t take any plea.

• Must send forthwith to CC - s51 CDA 1998.

• Preliminary Hearing listed to discuss issue of bail - Mags have no power for bail in murder case.

Summary-Only & Indictable-Only Offences

• If D is charged with an indictable offence and a summary/either way offence, allocation depends on two things:

  • Are the two offences related? If unrelated, try in Mags, and adjourn the matter...