indictable offences

• In an indictable offence, the first hearing is held in the magistrates' court, shortly after the defendant is charged. the magistrates then deal with:

  1. establishing the defendant's identity
  2. whether bail or custody should be ordered
  3. whether the defendant should receive legal aid for representation

  All further pre-trial matters are dealt with in the crown court by a single crown court judge.
• A plea and trial preparation hearing takes place at the crown court as soon as possible after the case has been sent from the magistrates' court. An effective trial of this kind will:

  1. Arraign the defendant- unless here is good reason not to
  2. set a trial date
  3. identify issues for trial, if there are any known at that stage
  4. provide a timetable for pre-trial preparation and give appropriate directions for an effective trial.
  5. make provisions fro a further case management hearing that may be required to take place when it has maximum effectiveness.
• The indictment document is prepared before trial and formally sets out the charges against the defendant. although the defendant will have been sent for trial,l charged with specific crimes, the indictment can be drawn up for any further offense that the evidence reveals. in more complicated cases, the indictment may have several counts (charges) and each relates to a different offence.
• Both the proseduction and defence must make certain points known to each other before trial. For the prosecution, they must set out all the evidence they propose to use during trial. they must also disclose any undisclosed material that in the opinion of the proesucutre may reasonable considered to be capable of undermining their case against the accused.
• The defence msut give a written statement to the prosecution that includes the following:

  • the nature of the accused's defence, including any legal defences they intend to rely on.
  • any matters of fact on which issue is taken with the prosecution
  • any point of law to be argued, and case authority in support
  • any alibi and witnesses to support the alibi. this information allows the prosecution to do police checks on the alibi witnesses