Court procedure

• Pre-trial procedure in summary offences - bail

  1. Pre-trial hearing examines and decides whether defendant can be granted bail

  2. Courts and police decide what to do with defendant between arrest/charge and trial
• Bail


  Defendant gets to live "in freedom" but might have to adhere to conditions (e.g. giving up passport)
• Remanded in custody


  Defendant is locked up in prison awaiting trial, happens if considered flight risk or dangerous
• Defendant is refused bail


  Can appeal against the refusal
• Pre-trial procedure in summary offences - legal aid

  Another pre trial matter is whether you should be granted legal aid.

  • Everyone under the rule of law has the right to a fair trial.
  • A means test are carried out to decide if you meet the threshold for state/Government funded assistance for legal aid
  • If you do, you will sometimes receive free legal advice and representation, at other times you may have to pay a contribution.
  • A publicly funded lawyer may represent you in court during your trial.
  • Another important factor is whether your liberty is at stake.
• Procedure in the magistrates court

  1. Establish how the defendant is pleading - guilty or not

  2. If defendant pleads guilty, court decides sentence only

  3. If defendant pleads not guilty, court tries the case and decides if person is guilty or not (proved beyond reasonable doubt)

  4. Aim to proceed quickly and efficiently
• Trial in magistrates court

  • Adversarial with prosecution and defence presenting cases and cross-examining witnesses
  • Judge oversees trial like a referee
• Magistrates court


  Each court deals with cases that have a connection with its geographical area. Cases are heard by magistrates or district judges. Sentences would include prison (up to 1 year), unpaid work, house arrest and curfew.
• Jurisdiction of the magistrates court

  Busy court with a large workload

  • Try summary cases eg fly tipping
  • Try some triable either way offences
  • Committal proceedings for triable either way offences
  • Deal with first hearing of indictable cases because they need to know there is a case
  • Side issues like bail and warrants
  • Youth court for those aged 10-17
  • Transfer proceedings of indictable cases (Crime and Disorder Act 1998)
• Youth courts


  A branch of the magistrates court
• Children under 10 cannot be charged with a criminal offence
• Children aged 10-17


  • There are some exceptional cases in which young offenders can be tried in the crown court e.g. murder, manslaughter, rape
• Youth court procedure


  1. Sits in private

  2. Only those involved in the case are allowed in the courtroom

  3. Members of the press may be present but cannot publish names of persons involved
• Magistrates in youth courts

  • Have special training to deal with young offenders
  • There must be at least one female and one male magistrate on the bench
• Youth court procedure


  Much less formal
• Triable either way procedure


  Means that the crime is in between
• 1. Plea before venue


  Establish how the defendant is pleading

  If he pleads guilty, he has no right to ask to go to the crown court although the magistrates may still decide to send him there for sentence
• 2. Mode of trial

  If the defendant pleads not guilty, the magistrates carry out a mode of trial to establish where the case will be tried.

  They will decide whether the case is suitable for trial by magistrates.

  This depends on on the seriousness of the case and any complexity of any issues that may arise.

  Past convictions, sentencing powers of the magistrates and guidance from the prosecutor will be considered.

  Complex cases involving difficult questions of fact or law should be sent to the crown court.
• Defendant’s election/choice


  If magistrates are prepared to accept jurisdiction, then the defendant is then the defendant has the right to choose trial by jury or he can agree to be tried by magistrates.

  If he is tried by magistrates they can still send him to the crown court for sentence if they feel that their powers are insufficient
• Choosing trial by jury

  Defendant pleading guilty to a triable either way offence at the magistrates court in the plea before venue procedure have not been able to go to the crown court

  This is sensible because there will be no trial of the case
• 50-60% of juries acquit as opposed to 20% in the magistrates
• Disadvantages of being tried in the crown court


  There will be a longer wait before the trial, more stress and the matter remains unresolved.

  Cases at the crown court are more expensive and could involve publicity.

  If the defendant is represented, this must be by a barrister/solicitor with a certificate of advocacy, increasing costs. However you are more likely to get legal funding than in the magistrates and a lawyer can argue your case
• Advantages of trial in magistrates court

  There are restrictions on the possible penalties eg max prison sentence of 1 year.

  Trial is likely to be much faster as cases can be dealt with in less than a day.

  There is less publicity in the magistrates court sof this can impact less on your reputation.

  The whole process in the magistrates court is less daunting as there are no wigs or gowns and no jury. This may be easier for some defendants to cope with.