First Hearing Before Magistrates

• What is a summary only offence?

  A criminal offence that is less serious and can only be tried in the magistrates court.
• What is the maximum penalty for summary only offences?

  6 months in prison, up to £5,000 fine, ban, or community service.
• What happens if a defendant pleads guilty to a summary only offence?

  They are immediately sentenced unless a pre-sentence report is needed.
• What occurs if a defendant pleads not guilty to a summary only offence?

  A date for trial is set and orders in relation to disclosure are made.
• What is the maximum sentence given by magistrates court for summary offences?

  6 months.
• Name an example of a summary only offence.

  Minor criminal damages.
• What is an either way offence?

  A criminal offence which can be heard in either the magistrates court or the crown court.
• What determines whether an either way offence is tried in the magistrates court or the crown court?

  The seriousness of the crime.
• What is the maximum sentence for either way offences at magistrates court?

  12 months.
• What is the plea before venue process for either way offences?

  • Charge against defendant is read
  • Clerk explains the process for guilty or not guilty pleas
  • Defendant indicates their plea
  • If guilty, proceeds to sentencing; if not guilty, court allocates
• What happens if the magistrates court declines jurisdiction in an either way offence?

  The case goes to Crown Court.
• What can a defendant ask the court for during the plea before venue process?


  An indication of whether a sentence would be custodial if they plead guilty.
• What is an indictable offence?

  A serious criminal offence that can be tried in Crown Court.
• What happens to indictable offences after the preliminary hearing?

  They are sent immediately to Crown Court.
• Name an example of an indictable offence.

  Murder.
• What is a representation order?

  A court order authorising payment of legal aid to a defendant in criminal proceedings.
• When is a representation order granted?

  If it is in the interests of justice.
• What conditions must be met for the means test to be satisfied for legal aid?

  The defendant is under 18, in receipt of benefits, or has low enough income.
• What is the annual income threshold to qualify for legal aid?

  Less than £12,475.
• What is the disposable income threshold to qualify for legal aid?

  Less than £37,500.
• What does disclosure include for summary or either way offences?

  • Summary of the offence
  • List of the defendant's previous convictions
  • Outline of interview
  • Witness statements
• Which of the following is an example of an either way offence? graffiti, possesion of controlled drugs, common assualt?

  possession of controlled drugs
• Which of the following is an indictable offence? robbery, assualt and GBH or burglary?

  robbery
• What type of offence would criminal conspiracy be categorised as?

  indictable
• When will the means test be satisfied when a D is applying for legal aid in criminal proceedings ?

  if D is under age 18. if D is on benefits/pension. Is D has low income (annual income <£12,475 and disposable income <£37,500)
• when will a court order for legal aid be granted by the court in criminal proceedings?

  Granted only if it satisfies the interest of justice test
• What requirements will satisfy the interests of justice test?

  1. D is likely to lose their liberty or livelihood or serious repetitional damage.
  2. Determination of substantial question of law required
  3. If D unable to understand the proceedings or state their own case
  4. Involves tracing witnesses or interviewing them