Summary SA4 Procedure in the Mags and Sending to Crown Court

23.12.2024


SA4 Procedure in the Mags and Sending to Crown Court

Initial Details of Prosecution Case Details
Obligation to Disclose Initial Details
 Under CrimPR Part 8, initial details of the prosecution case must be provided to the court
and, if requested, to the accused. Key provisions include:
 Provision to the Court:
 The prosecutor must supply initial details of the case to the court as soon as
practicable, and no later than the beginning of the day of the first hearing (r.8.2(1)
(a)).
 Provision to the Accused:
 If the accused requests the initial details, the prosecutor must serve them as soon
as practicable, and no later than the beginning of the day of the first hearing
(r.8.2(2)).
 If the accused does not request the details, they must still be made available by the
prosecutor at or before the beginning of the first hearing (r.8.2(3)).
 Content of Initial Details:
 The specifics of what constitutes ‘initial details’ are outlined in r.8.3 and depend on
whether the accused was in custody immediately before the first hearing:
 (1) If the accused was in police custody:
 A summary of the circumstances of the offence.
 The accused’s criminal record, if any.
 (2) If the accused was not in custody:
 A summary of the circumstances of the offence.
 Any account given by the accused in interview (either in the summary or in a
separate document).
 Any available witness statements (including exhibits) deemed material by the
prosecutor to:
 Plea;
 Whether the case should be tried in a magistrates' or Crown Court; or
 Sentence.
 The accused’s criminal record, if any.
 Any available victim impact statement or a statement on the offence’s effect on
others.
 Application in Youth Courts:
 It is submitted that Part 8 applies to youth courts, where the accused is under 18.
 Purpose of Initial Details:
 According to CrimPD 5.1.1(a), the initial details must assist the court in:
 Identifying real issues; and
 Giving directions for an effective trial, whether in the magistrates' court or Crown
Court.

Failure to Comply with Disclosure Obligations
 While Part 8 does not specify penalties for non-compliance, courts may take action to
enforce disclosure obligations:
 (1) Directions to Comply:
 The magistrates' court may issue a direction under CrimPR 3.5 requiring the
prosecution to provide the details.
 CrimPR 3.5(6)(a) allows the court to adjourn proceedings if a party fails to comply
with a direction.
 (2) Adjournment and Costs Sanction:
 Non-compliance is likely to lead to an adjournment.
 A costs sanction may be imposed on the prosecution under r.3.5(6)(b).
 (3) Limitations on Introducing Unserved Evidence:


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Max Lewis

, 23.12.2024


 Under CrimPR 8.4, if the prosecutor has not served required documents or made
the information available, they cannot introduce it unless:
 The court permits it; and
 The accused is given sufficient time to consider the material.
 (4) Court’s Inability to Dismiss Charges:
 The court cannot dismiss charges due to non-compliance with Part 8.
 In King v Kucharz (1989), it was held that non-compliance does not justify
dismissal.
 In R (AP, MD, and JS) [2001] EWHC Admin 215, the Divisional Court ruled that
even with the HRA 1998 in force, non-compliance with Part 8 does not amount to
an abuse of process warranting dismissal.

Key Points
 Initial details must be timely and sufficient for effective case management.
 Non-compliance can result in adjournments, costs sanctions, or restrictions on
introducing evidence, but not dismissal of proceedings.
 The court has mechanisms under CrimPR 3.5 and 8.4 to address failures to comply,
ensuring fairness in proceedings.

Preliminary Hearings and Entering Pleas in the Magistrates’ Court
Pre-Trial Hearings via Live Link
 The Criminal Justice Act 2003 (s.51) enables courts to permit or require individuals to
participate in criminal proceedings through live audio or video links.
 Eligible Proceedings: Includes preliminary hearings, post-guilty plea hearings, and
sentencing.
 Court Considerations for Direction: Under s.51(4), the court must consider
the interests of justice and allow parties to make representations. Factors to evaluate
include:
 The need for personal attendance.
 The individual’s views and ability to participate effectively.
 The suitability of live link facilities.
 Whether the direction would inhibit the effective testing of witness evidence.
 Public arrangements for observing the proceedings.
 Criminal Procedure Directions (CrimPD):
 Courts should prioritize live links where lawful and in the interests of
justice (CrimPD 5.5.1).
 The Lord Chief Justice’s 2022 guidance emphasizes live links for hearings that
avoid delays but considers limitations such as the need for pre/post-hearing
conferences with legal representatives.
 Sentencing hearings require particular scrutiny, focusing on the penalty’s severity,
communication clarity, and the victim's preferences. Sentencing of youths by live
link is rarely appropriate.
 Procedural Framework: CrimPR 3.35–3.39 outlines the process for making live link
directions.

Pre-Trial Hearings in Magistrates’ Courts
 The Crime and Disorder Act 1998 (s.50) governs initial pre-trial hearings:
 Single Justice Hearings:
 Applied when the accused is charged at the police station.
 A single justice may inquire about legal aid and arrange for its application,
remanding the accused as needed (s.50(2)-(3)).
 Early administrative hearings can also be conducted by justices' clerks, but they
cannot remand the accused without consent (s. 50(4)).
 Exclusions:


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Max Lewis