First Appearance Decisions - A Guide for the Defence & Prosecution

Introduction

You do need to know an awful lot in order to be confident in handling that first appearance in either the Youth Court or the Adult Magistrates’ Court. Even if the case is going to be adjourned, there is a strong expectation that progress be made at that first hearing.

This webinar will explore the matters that are likely to face you at the first hearing, whether you are prosecuting or defending.

What You Will Learn

This webinar will cover the following:

• The non-appearance of the defendant: your position as both prosecutor or defence
• The decision as to whether or not to advise guilty pleas and a committal for sentence to the Crown Court or keep your powder dry and be sent to the Crown Court. This is a tricky one!
• Allocation and sending issues in the Adult Court and representations on venue issues in the Youth Court
• The Criminal Procedure Rules 2025 (as amended): duties upon the parties as regards the provision of material
• Amendment of the charge or charging a new offence in the face of the court
• Legal presumptions at that first appearance, as regards, for example, bail or the suspension of a sentence
• The legal position on credit and the issue of the suspect having made full admissions in his or her police interview
• Orders that may be made by either the Adult Magistrates’ Court or the Youth Court at that first listing
• A working knowledge of the Sentencing Guidelines
• Completion of the PET Form
• Is the defendant even in the right Court? This is something that is very easily overlooked
• Common law duties re disclosure

This pre-recorded webinar will be available to view from Wednesday 3rd February 2027

Alternatively, you can gain access to this webinar and 2,400+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.