What to Expect at a First Appearance
Rhys discusses what a Defendant should expect for their First Appearance before the Magistrates Court
Often, it can be someone’s first time attending court. All cases in England and Wales start in the Magistrates Court, which will be the nearest court to where the alleged offence took place.
Identification
The first thing to happen is that the Defendant will be identified. This means they will be asked to confirm their Name, Address, Date of Birth and Nationality. These matters ordinarily have to be given in public as there is a principle of open justice.
The next stage depends on the type of offence that the Defendant has been charged with. If the case is summary only (a maximum sentence of 6 months) they will be asked to enter their plea.
Allocation
If the case is either-way, for example Assault Occasioning Actual Bodily Harm, they will be asked to go through a procedure known as ‘plea before venue’. This is where a plea is indicated and the Magistrates Court proceeds to deal with allocation. This is where the Magistrates Court decide whether the case can stay in the Magistrates Court or should be sent to the Crown Court. The test is whether the Magistrates Court sentencing powers are sufficient, in essence whether the sentence is such that the Crown Court ought to deal with it – ordinarily where the sentence will be in excess of 6 months imprisonment. The Magistrates may also send the case to the Crown Court if it is particular complex. It is important to remember that even if the Magistrates keep the case, this is known as retaining jurisdiction, they can still commit for sentence in due course.
Electing a Crown Court Trial
If the Magistrates decide that their sentencing powers are sufficient, then a Defendant retains the right to exercise their right to a Crown Court trial. This is known as ‘electing a crown court trial’. There are many advantages to being heard before the Crown Court, the rate of acquittal is higher and the case will be considered more fully before a jury. On the other hand, the case will ordinarily take longer to be dealt with before the Crown Court and there is an automatic right of appeal from the Magistrates Court.
Case Management in the Magistrates Court
Once the Court has decided whether to commit the matter, the case moves to the next stage. If the case is to remain in the Magistrates Court the matter proceeds to case management. This is where the court will go through a Preparation for Effective Trial form – more commonly referred to as a ‘PET Form’. This includes what the issues are for trial and also which witnesses should be required to give live evidence. It is very important that this form is filled in fully and tactically. The court will then set a trial date.
Sending the Case for a PTPH
On the other hand, if the case is sent to the Crown Court, the matter will be adjourned for 28 days and the case will then be listed for a Plea and Trial Preparation Hearing or PTPH.
The End of the Hearing
Once the above has been completed, the case will be at an end and the Defendant will either be released on bail or remanded in custody. If the Defendant attends court on bail, the usual course is for them to remain on bail unless there have been any breaches of bail. If the Defendant has been remanded it is usual for a bail application to be made before the Magistrates Court or alternatively for a legal representative to try and agree bail with the Crown Prosecution Service.
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