Criminal Courts - Pre Trial Procedures

• SUMMARY OFFENCES e.g. assault

  
  

  
  

  Defendant is arrested and charged with offence.

  
  

  Police can give defendant bail, or they must be taken before magistrates as soon as practicable.

  
  

  Magistrates decide on bail and legal aid

  
  

  Defendant asked to plead:

  
  

  If guilty plea, the magistrates decide the sentence.

  
  

  If not guilty plea, trial is held to decide criminal liability in the magistrates.  This is a summary trial.

  
  

  Appeal would be to the Crown Court and decided by judge and 2 magistrates.
• Triable Either Way Offences

  Offences that can be tried in either Magistrates' Court or Crown Court (e.g., Theft)
• Arrest and Charges


  1. Defendant is arrested

  2. Defendant is charged with the offence
• Bail


  1. Police may grant bail

  2. Defendant must be brought before magistrates promptly

  3. Magistrates decide on bail

  4. Magistrates decide on legal aid
• Plea Before Venue


  Defendant enters a plea
• Guilty Plea


  Magistrates decide the sentence or transfer to Crown Court if their sentencing powers are insufficient
• Not Guilty Plea


  A mode of trial hearing occurs
• Too Serious


  Case is sent to Crown Court for trial
• Magistrates' Trial


  1. If magistrates agree to try the case

  2. Defendant can choose the venue
• Summary Trial


  1. Heard in magistrates' court

  2. May still be sent to Crown Court for sentencing

  3. Appeals go to Crown Court
• Crown Court


  1. If chosen by magistrates or defendant

  2. Case is transferred to Crown Court for trial on indictment
• Indictable Offence


  Serious crime (e.g., Murder)
• Indictable Offence Process


  1. Arrest and Charges

  2. Bail

  3. Crown Court Transfer

  4. Plea and Case Management Hearing

  5. Trial

  6. Appeal
• Arrest and Charges


  Defendant is arrested and charged with the offence
• Bail


  1. Police may grant bail

  2. Defendant taken to Magistrates Court promptly

  3. Magistrates decide on bail and legal aid
• Crown Court Transfer


  Case is sent to Crown Court for trial on indictment
• Plea and Case Management Hearing

  1. Defendant enters a plea

  2. Guilty Plea: Judge decides the sentence

  3. Not Guilty Plea: Judge handles preliminary matters and sets a trial date
• Trial


  Conducted in Crown Court
• Appeal


  Possible appeal to the Court of Appeal (Criminal Division)