Criminal Procedure - Arrest to Trial

Criminal procedure - summary, triable either-way and indictable crimes.

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  • Created by: Sarah
  • Created on: 24-05-11 19:11

Summary Offence Process

  • The D is charged by police and/or summonsed to appear at the Magistrates court - this is decided by the Crown Prosecution Service. 
  • The next hearing is at the Magistrates' court where bail or remand is reviewed. If the police do not grant bail, this must occur as soon as practicable. 
  • The Bail Act 1976 governs bail. It may be dealt with by the police or the D will be taken to the Magistrates' court at the earliest possible opportunity and they will decide if bail is to be granted or the D will remain in custody on remand. There is a presumption in favour of bail and it can be conditional or unconditional. Conditions that may be imposed include surrendering of their passport, sureties or given a curfew. Bail may be refused if the court believes the D would fail to surrender, commit further offences or interfere with witnesses. 
  •  Public funding (legal aid) may be provided for representation - the Magistrates decide if the D qualifies. 
  • A plea is then taken. If they plead guilty the court will proceed to sentencing; if not guilty, the court will proceed to a summary trial. 
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Triable Either-Way Offence Process

  • This process begins with the D being charged - decided by the CPS
  • The next hearing is at the Magistrates' court where bail or remand will be reviewed.
  • The Bail Act 1976 governs bail. It may be dealt with by the police or the D will be taken to the Magistrates' court at the earliest possible opportunity and they will decide if bail is to be granted or the D will remain in custody on remand.
  • Public funding for representation is reviewed by the Magistrates. 
  • "plea before venue" proceedings will take place where the plea is taken.
  • There is then a Mode of Trial hearing if the D pleads not guilty/fails to give a plea - this decides which court will hear the case. The D has a right to choose trial by jury in the Crown court. 
  • If the D insists on having their trial in the Crown Court then the case will begin again at the plea and case management hearing stage. 
  • If the Magistrates' and the D accepts to have the trial the Magistrates' court, the case proceeds to a summary trial.
  • If the D pleads guilty then they will proceed to sentencing (in the Magistrates' or Crown court)   
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Indictable Offence Process

  • The D is charged by police and/or summonsed to appear at the Magistrates court - this is decided by the Crown Prosecution Service. 
  • The next hearing is at the Magistrates' court where bail or remand is reviewed. If the police do not grant bail, this must occur as soon as practicable. 
  • The Bail Act 1976 governs bail. It may be dealt with by the police or the D will be taken to the Magistrates' court at the earliest possible opportunity and they will decide if bail is to be granted or the D will remain in custody on remand. There is a presumption in favour of bail and it can be conditional or unconditional. 
  • Public funding (legal aid) may be provided for representation - the Magistrates decide if the D qualifies. 
  • The case will then be transferred to the Crown court with no plea taken. 
  • At the Crown court there will be a plea and case management hearing.
  • If the D pleads guilty then the court will proceed to sentencing 
  • If the D pleads not guilty then the court will proceed to a trial by jury. 
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