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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