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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