1.2 Pre-Trial Procedure for summary offences
It is possible for cases to be dealt with on a first appearance in court but often an adjournment may be needed, this could be because:
Ø The Crown Prosecution Service (CPS) has not got all the information required to complete the case
Ø The defendant wants to get legal advice
Ø The magistrates want pre-sentence reports on a defendant who pleads guilty before they decide what sentence to impose
When a defendant pleads not guilty there will almost always have to be an adjournment as witnesses will have to be brought to court. One of the main points to be decided on an adjournment is whether the defendant should be remanded on bail or in custody.
Early Administrative Hearing (EAH)
The first hearing in the magistrates’ court is heard by a single lay magistrate or the clerk of court.
Issues dealt with in an EAH:
Ø Legal Aid / Eligibility for Legal Aid
Ø Representation of defendant
Ø Remanded in custody or let out on bail
Ø Bail applications
Ø Pre sentence reports and/or medical reports (if necessary)
There is a limit on the Clerk’s powers as the clerk cannot change any conditions where bail has previously been granted. Everything possible is sorted out in the EAH to speed up the court process.
Special thanks to Jamie Bartlam for these excellent notes on the criminal courts