Episode 4 - The Magistrates’ Court, the Crown Court, the Judges Defence Barrister

In Episode 4 we follow the defendants Aidan, Bianca and Conor - now charged with murder - to the magistrates’ court for their first court appearance.

Introducing the magistrates’ court and the Crown Court, what types (or classifications) of offences do they deal with? What is a summary offence, an either-way offence and an indictable-only offence?

Who are the judges in the magistrates’ court and Crown Court? Introducing magistrates, District Judges, Recorders, Circuit Judges and High Court Judges.

Do all cases start in the magistrates and, if so, why? When can a defendant elect trial by jury, and when can a defendant be compelled to go to the Crown Court for trial or sentence?

What are courts’ sentencing powers and how do they decide what sentence is likely to be passed?

And how does the magistrates’ court deal with defendants charged with murder? Aidan, Bianca and Conor are about to find out.

We introduce the first procedural steps towards Crown Court trial, the provision of information about the prosecution case and the early requirements to provide defendants with unused material, i.e. information favourable to the defence and inimical to the prosecution.

In Episode 4 we take another step closer to trial.

Thank you for listening and I hope you enjoy this episode.

Throughout this podcast I have referred to legislation, cases and relevant guidance. Please refer to the links in the notes below to access this information yourself.

PODCAST NOTES

Justices’ Legal Adviser -

Criminal Procedure Rule 2.12 - Role of Justices’ Legal Adviser https://www.legislation.gov.uk/uksi/2020/759/rule/2.12

CRIMINAL PRACTICE DIRECTIONS 2015 VI - Role of Justices’ Legal Adviser https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/924047/crim-practice-directions-VI-trial-2015.pdf

Judges -

What do I call a judge? Judiciary.uk https://www.judiciary.uk/guidance-and-resources/what-do-i-call-a-judge

Individual Offences -

s.22A of the Magistrates’ Courts Act 1980 - Low value shoplifting can be tried before a jury
https://www.legislation.gov.uk/ukpga/1980/43/section/22A

s.187 Online Safety Act 2023 - new offence created in s.66A Sexual Offences Act 2003 of Sending etc photograph or film of genitals https://www.legislation.gov.uk/ukpga/2023/50/section/187/enacted

Allocation -

s.17A of the Magistrates’ Courts Act 1980 - ‘Plea before Venue’ procedure https://www.legislation.gov.uk/ukpga/1980/43/section/17A

S.18 Magistrates’ Courts Act 1980 - Allocation (‘mode of trial’) Hearing
https://www.legislation.gov.uk/ukpga/1980/43/section/18

Allocation Guideline - Determining whether cases should be dealt with by a magistrates’ court or the Crown Court https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/allocation/

Sentencing Guidelines -

Sentencing Guidelines - Common Offences
https://www.sentencingcouncil.org.uk/outlines/

S.14 Sentencing Act 2020 (the Sentencing Code) - Committal for Sentence https://www.legislation.gov.uk/ukpga/2020/17/section/14

GBH Sentencing Guideline https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/inflicting-grievous-bodily-harm-unlawful-wounding-racially-or-religiously-aggravated-gbh-unlawful-wounding/

Criminal Procedure Rules Part 8, rule 8.2(1)(a) - Advance Disclosure of Prosecution Case / Initial Details https://www.legislation.gov.uk/uksi/2020/759/rule/8.2/made

Advance Disclosure of the Prosecution Case -

Criminal Procedure Rules Part 8, rule 8.3 - meaning and content of ‘Initial Details’
https://www.legislation.gov.uk/uksi/2020/759/rule/8.3/made

Prosecution Disclosure of Unused Material -

Attorney General’s Guidelines on Disclosure (For investigators, prosecutors and defence practitioners) - Common Law Duty of Disclosure (paragraphs 78 and 79)
https://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure

Bail in Murder Cases -

s. 115 Coro