First Appearance Decisions - A Guide for the Prosecution & Defence Live at Your Desk

Introduction

The first appearance of the client in court is probably the most complex appearance in terms of the decisions and judgement calls that have to be made. It requires, amongst other things, a knowledge of that which must be provided (if you are prosecuting) and that which must be received (if you are defending) in order to make some progress in the matter.

This virtual classroom seminar will take you through the things of which you should be aware when dealing with a first appearance in either the Adult Magistrates’ Court or the Youth Court.

What You Will Learn

This live and interactive course will cover the following:

• The obligations on the prosecution as regards the provision of information at the first appearance
• The obligations upon the defence following the entering of a ‘not guilty’ plea in the proceedings
• Allocation and sending issues: the current position and the proposals in the Leveson Review of the Criminal Justice System
• The presumption that any custodial sentence be initially suspended as a result of the Sentencing Act 2026
• The amended bail position as a result of the Sentencing Act 2026
• The completion of the PET Form and writing on the PET Form ‘that the prosecution is put to proof.’ There are still many misunderstandings in this area
• First appearance on the requisition: should the matter simply stand adjourned or should it be adjourned with the defendant given bail?
• The circumstances in which it might be appropriate to deal with bad character and hearsay issues at that first appearance and the circumstances in which it might not!
• Reduction in sentence for an early guilty plea: the need to fully understand the document issued by the Sentencing Council
• The legal aid position, particularly so where the defendant does not qualify for legal aid in the Magistrates’ Court
• Representations on venue in the Youth Court when dealing with a Serious Offence under the Sentencing Act 2020
• Orders that can be made in the Youth Court on that first appearance which cannot be made in the Adult Court

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.