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First Appearances Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these First Appearances notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

FIRST APPEARANCES FIRST APPEARANCE

? every adult must make first appearance before mags' CLASSIFICATION OF OFFENCES

? summary only o must be tried AND sentenced in mags' o all statutory: specify max penalty for summary conviction, with NO alternative for conviction on indictment

? indictable only (indictable) o must be tried AND sentenced in mags' o all common law offences = indictable only o statutory offences: provide max penalty for conviction on indictment, with NO alternative for summary conviction

? either way (indictable) o tried in mags' OR CC AND sentenced in mags' OR CC o statute provides alternative penalties for summary conviction + conviction on indictment OR re-classified by statute (listed MCA 1980 sch 1) MAGS' SENTENCING POWERS

? fine AND / OR imprisonment (may be suspended)
? either way offences o imprisonmentmax 6 months' imprisonmentmax 12 months aggregatemax PS5k per offence unless statute prescribes moreno max aggregate

o fine

o BUT can commit to CC for sentence if think powers inadequate
? summary offences o imprisonmentmax 6 months' imprisonment OR what prescribed by statute (whichever less)max 6 months' imprisonment regardless of how many offences chargedstandard scale

o finelevel 1

PS200level 2

PS500level 3

PS1,000

?level 4

PS2,500level 5

PS5,000

no max aggregate

INITIAL DETAILS OF PROS CASE (Part 10 CrimPR)

? must be provided for any case triable in mags' i.e. summary AND either way
? procedure o prosecutor must provide to D AND court at or before beginning of day of first hearing

o to give effect to OO, defence advocates should be ready to go through disclosed material with accused without adjournment - cases can be put back in list to allow for this

? contents o must include (in writing) (a) summary of evidence pros case will be based on (WSs etc.); OR (b) statement(s), document(s) or extracts setting out facts case will be based on; OR

(c) any combo of a) and b); AND (d) D's pre-cons o ? prosecution have choice (a), (b) or (c) [?] D NOT entitled to receive WSs
? consequences of failure to serve o ? adjournment (must adjourn unless NO prejudice caused to D) + costs sanction

o CANNOT dismiss charges o OO and active case management powers enable court to order disclosure CASE MANAGEMENT IN MAGS'

? = active case management by court, assisted by parties: o take plea at first hearing (or if can't take, find out what likely to be) o if G plea, court should pass sentence on same day if possible (unless committing to CC)

o if NG plea, ID issues + inform court APPLICATION TO DISMISS CHARGES ref: SGS 5

? D may apply orally OR in writing to CC for charges to be dismissed
? when can application be made?
o after service of documents on which charges based but before arraignment
? the test o judge must dismiss charge (+ quash count in indictment) if evidence against D NOT sufficient for him to be properly convicted

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