Procedure All criminal cases start in a Magistrates' Court.

  Early
proceedings are administrative, the process is a "structural
approach".
 -----------------------------------------------------
Stages After identifying the defendant and other procedural
matters the clerk will read the charge(s) to the defendant.
 
There then follows a series of structured stages to ensure
no time is wasted with equivocal pleas or confusion about
where a case will be heard.
 
The current system was introduced to replace a system
where magistrates decided where a trial should take place
(mode of trial) without knowing how a defendant intended
to plead guilty or not guilty.
 

"Plea before Venue" and "Mode of Trial"

Summary There are three classes of criminal offences.

Either way  "Summary only" – which can only be tried in the
Indictable Magistrates’ Court.
 "Indictable only" – which can only be tried at the
Crown Court.
 "Either way" – which can be tried in the
Magistrates’ Court or the Crown Court.

The following procedure applies to defendants aged 18 years and over charged
with either way offences.

Advance Disclosure All defendants charged with either way offences have a

right to receive details of the prosecution case against them
– this is called "Advance Disclosure".
 
Advance Disclosure will usually be served at or before the
first court hearing.
 
Note: Any problems with disclosure can usually be
corrected at the hearing, otherwise an adjournment will be
necessary for the prosecution to obtain the relevant papers.
 

"Plea before venue"

"Plea before venue" procedure was introduced by the Criminal Procedure and

Investigations Act 1996.  (Home Office Circular 45/1997)

Taking a plea The clerk explains to the defendant that he may indicate
 a guilty or
 not guilty plea or
 no plea.

Sentencing powers They will also be warned that they may be committed to the
insufficient Crown Court for sentence if they are convicted of the
offence and the magistrates consider that their sentencing
powers are insufficient.
 

Guilty plea If the defendant indicates a guilty plea then the court
immediately proceeds towards sentence by hearing from
the prosecution and defence, they then either:
 sentence forthwith, or
 order a pre-sentence report to be prepared either
later that day or after an adjournment, or
 commit the defendant to the Crown Court for
sentence.

Not guilty plea If the defendant indicates a not guilty plea or no plea the
court proceeds to the"Mode of Trial" procedure.
 

"Mode of trial"
Outline of facts The prosecution makes representations including an outline
of the facts of the case. The defence also makes
representations.
 
For the purposes of "mode of trial" that the prosecution
version of the facts is assumed to be correct.

In addition, there will be information given about previous

convictions (if any) at this stage, and there will be limited
information about charges, for example no offences to be
taken into consideration. 
 
Note: The Criminal Justice Act 2003 significantly
extended the power of courts to hear previous convictions
of defendants.
 

Inquisitorial proceedings The proceedings are inquisitorial, and the magistrates can
seek further information from either party.

Also, advice is available from:

 Court of Appeal sentencing guidance
 Mode of Trial Guidelines
 Magistrates’ Court Sentencing Guidelines
 Sentencing Guidelines Council (Any court departing
from these guidelines has to give reasons for doing
so).
Note: Magistrates rely heavily on their legal advisor (the
clerk) in these matters.
 

Inquiring if the case is In deciding if an offence is suitable for hearing in the

suitable for summary Magistrates’ Court or Crown Court regard will be taken of:
trial  the nature of the case,
 if the offence is serious, 
 whether the Magistrates’ would have adequate
sentencing powers,
 other circumstances which make it more suitable for
the offence to be tried in one way rather than the
other,
 any representations by the prosecution or defence.
Note: The case will be suitable for committal if it involves
complex questions of law or fact.
 

Suitable for summary The clerk asks the defendant

trial  whether he agrees to be tried by the Magistrates’
Court or wishes to be tried at the Crown Court.
 he will again be warned of the magistrates’ power to
commit for sentence.
The defendant will then either consent to be tried by the
Magistrates’ Court and be invited to enter a plea, or will
elect to be tried by the Crown Court.
 
Note: Defendants are allowed to seek a broad indication of
the sentence they would face if they were to plead guilty at
this point, where summary trial is considered appropriate.
 

Defendant elects Crown If the defendant elects to be tried at the Crown Court the
Court trial prosecution will need to prepare committal papers and are
therefore likely to seek an adjournment for this to be done.
 
Note: The defendant has the choice of Crown Court trial
even if the magistrates think summary trial is appropriate.
 

Magistrates decide case The prosecution will need to prepare committal papers and
should go to Crown therefore are likely to seek an adjournment for this to be
Court done.
Magistrates sentencing Although the Criminal Justice Act 2003 provided for an
maximum is 6 months increase in magistrates' sentencing powers this has not yet
been implement.
 
Note: At present, there is a general limit on the sentencing
powers of magistrates' courts, which prevents them from
imposing more than six months' imprisonment for any
one offence.
The limit for consecutive terms of imprisonment is also six
months, unless the sentence relates to two or more either
way offences, in which case the limit is 12 months. 
 

Professor Lee Bridges

Inappropriate use of While the incidence of defendant elections for Crown Court
Crown Court has declined sharply, magistrates have continued to send
between 10% and 12% of either way cases to the Crown
Court either for trial or sentence, throughout the past
decade, despite the introduction of reforms such as "plea
before venue".

At the same time, in cases which magistrates retain for

sentencing, their use of custody has expanded nearly three-
fold over the same period and they are now responsible for
sending more people to prison each year than the Crown
Court. 

The majority of cases sent by the magistrates to the Crown

Court that result in a sentence receive a punishment within
the existing powers of magistrates [the point being that—by
sending them to the Crown Court the magistrates
presumably thought they deserved a higher sentence]".

(Hansard December 2002)

Crown Court hearings A defendant may be facing a Crown Court hearing

 because he elected Crown Court trial
 because the magistrates have insufficient sentencing
powers
 because the offence is only triable in the Crown
Court
To arrange a hearing and order the defendant to attend
there are two procedures,
 Committal proceedings and
 sending for trial.
The following procedures only apply to adult defendants
aged 18 years or over.

Committal for sentence

Committal for sentence
can apply when the court
is dealing with either way
offences
The court can commit for sentence if it is of the opinion
that:
 the offence (or a combination of the offence and
one or more associated offences) is so serious that
greater punishment should be inflicted than the
Magistrates’ Court has power to impose, or
 the court is of the opinion that the defendant is a
dangerous offender.
Note: An offender is a dangerous offender if they have
been convicted of a specified sexual or violent offence and
the court considers he will commit further offences which
will cause serious harm.
The court can also commit for some other offences in
some circumstances.
If a defendant was on bail, it will normally continue till the
Crown Court hearing (unless he is likely abscond knowing
he is now facing a long prison sentence).

What the magistrate says "We have decided that the offence[s] you have committed
[is/are] so serious that you should receive greater

Committal for Trial
Criminal Justice and
Public Order Act 1994
What the magistrate will
say
Sending for Trial
Applies to offences that
are indictable only
What the magistrate will
say
97% of all The magistrates' courts deal with about 97 per cent of all criminal
criminal cases cases. This percentage gives an indication of the volume of work of the
dealt with by court and its importance in the legal system.
magistrates  
punishment than we can impose in this court.
OR
We have decided that given the [violent/sexual] nature of
the offence[s] of […] you should be committed to prison
for a longer term than we have power to impose in order
to protect the public from serious harm from you."
Applies to either way offences where the defendant or the
magistrates have decided on Crown Court trial.
There are two forms of committal for trial:
 "old style" where the papers are read out – this is
where the court will hear the evidence and be
asked to decide whether there is a case to answer,
 "new style" paper committal – this is the more
common type of committal where the court does
not consider the evidence.
The outcome of the committal proceedings will be that the
defendant will either be committed to the Crown Court or
discharged.
The first hearing date at the Crown Court will be for a plea
and directions hearing (PDH).
The court will deal with questions about legal aid.
The court will remand the defendant to the Crown Court
either in custody or on bail.
"You are committed to stand your trial at [...] Crown
Court. You must attend the Crown Court on [...]. (If
applicable:) In addition, you are committed to the Crown
Court for sentence for the offence[s] of […] because they
are connected to the offence[s] for which you have been
committed for trial.
The defendant then has 14 days to object to the use of
the statements.
The prosecution does not prepare committal papers for
these offences. The defendant is simply sent to the Crown
Court on first appearance.
The first hearing at the Crown Court is a preliminary one.
The court will deal with applications for legal aid for the
Crown Court proceedings.
The court will remand the defendant to the Crown Court
either in custody or on bail.
"The offence[s] with which you are charged can only be
tried at the Crown Court. We are therefore sending you to
the Crown Court sitting at […] for trial. A preliminary
hearing will be held on […]. (...)
"In the meantime you are [released on bail/remanded in
custody]."
 There is a Magistrates' Court in every county and in most boroughs. 
There are 350 Magistrates' Courts in the UK.
 

1. Jurisdiction Three main criminal functions:

(a) A Court of Petty Sessions

Minor offences (summary) e.g. almost all motoring matters,
drunkenness, minor public disorder

Maximum penalty = six months' imprisonment and/or a £5,000 fine.

 

Criminal If damage over £5,000 tried in the Crown Court.

Damage  

Plea before A new procedure ('Plea before Venue') was introduced in 1997.
Venue
The defendant is asked whether or not he wishes to indicate a
plea, to say whether he will plead 'Guilty' or 'Not Guilty'.
He can choose not to do this, or choose not to give an indication.

If he decides to indicate a plea, he is asked what the plea will be.

If he indicates a Guilty plea, then the court immediately treats that

indication as an actual and immediate plea of guilty.  The defendant
looses the right to choose to take the matter to the Crown Court.
 
The court will then hear some more details of the case and can then
either:
 Send the case to the Crown Court for sentence; the case will
usually be adjourned for the prosecutor to prepare appropriate
papers.
 Adjourn for a pre-sentence report, or
 Sentence there and then.
Representations can be made about sentencing in the light of the
circumstances of the case or any previous convictions.

If a not guilty pea or no plea has been indicated the magistrates

will go ahead and decide whether to deal with the case themselves, the
magistrates give the defendant the choice of where the case should be
dealt with, either at the Magistrates Court or at the Crown Court.
The magistrates can choose to have the case dealt with by the Crown
Court.  If it is not suitable for the Crown Court the Magistrates will have
the choice only as regards sentencing.
 
Even if a defendant decides to have the matter dealt with by the
magistrates, they still have the choice later to send him to the Crown
Court, if their sentencing powers prove insufficient.

If the defendant is not yet ready to plead, if for example, some

information or other important evidence remains unavailable the case
will be adjourned.
 

Committal Criminal Justice and Public Order Act 1994

Proceedings
Defendant may apply for charge to be dismissed because there is
insufficient evidence.

This is predominantly a paper sift, but oral representations in difficult

cases are allowed or where accused unrepresented.
  

Transfers If no challenge, case is transferred to the Crown Court without a

hearing.
 

Civil  Recovery of civil debts, income tax, council tax, gas and
Jurisdiction electricity charges, and curiously their own fines.
 Family and matrimonial matters. Separation and custody of a
child. Maintenance and affiliation orders, and adoption. Not
divorce.
 Licenses for cinemas, sale of alcohol, gambling.

Constitution 2 –7 Justices of the peace = JP’s = magistrates.

30,000 lay magistrates and over 80 District Judges (Magistrates Court)

formerly ‘stipendiary magistrates’.

District Judges are full-time paid magistrates. Barristers or solicitors of

seven years' standing.
 

Appointment JP’s are appointed by the Lord Chancellor (on advice from Local
Advisory Committee, using a document called the ' Commission of the
peace''. 

May be removed from the Commission by the Lord Chancellor, without

him giving the reason.

Usually, removal from office is caused by the justices' refusal to

recognise and enforce certain laws. 

Generally, a magistrate retires at 70.

A single (a) In minor cases involving small fines or periods of imprisonment. Or

magistrate
may sit alone: (b) When appointed as a District Judge
 

Clerk to the Paid, legally qualified, advises the justices on matters of law and
Justices - The procedure. 
"Legal
Advisor" Not involved in sentencing except to explain to the JP’s the limits of
their powers.
 

Specialist courts

Night Courts 2002 Pilot schemes into 'night courts'

based on an American system
proved to be an expensive waste
of money.  Full report here.
 

Drug courts Pilot schemes in some areas. 

Defendants who, for example
who have drug problems are
dealt with by magistrates who
have received special training.
 

Style guide From The Times, advice to reporters

 on how to refer to courts, their officers
and judges.
The Courts Act 1971

(Therefore a creature of statute)

The Crown Court was established by The Courts Act 1971, there is only one Crown Court
that sits in 78 centres.
 
When the Crown Court sits in London, it shall be named the Central Criminal Court "The Old
Bailey".
Jurisdiction
 
A superior court of record deals with:
 All cases on indictment, wherever committed,
 Appeals from the magistrates' court against conviction or sentence,
 Sentence in cases where accused found guilty by the magistrates but they consider
they do not have the power to pass the appropriate sentence,
 Certain civil work, such as dealing with appeals over licensing.
Constitution
Judges =
All Judges of the High Court
Court of Appeal judge requested by 'Lord Chancellor and Secretary of State for Justice'
(then regarded as a judge of the High Court).
Circuit Judges
Recorders 
Justices of the Peace 2-4 sit with the judge when hearing appeals, committals for sentence

Same constitution of judge and justices has jurisdiction to hear any case before the Crown
Court.
 
Distribution of Crown Court Business
High Court and Crown Court centres are divided into three tiers.
(a) Fist Tier
24 court centres deal with criminal and civil work, tried by High Court judges and circuit
judges.
(b) Second Tier
19 court centres deal with criminal work only, tried by High Court judges and circuit judges.
(c) Third Tier
46 court centres deal with criminal work only, cases tried by circuit judges.
 
Work distributed on the class of offence
Class I High Court judge 

Misprision of treason and treason felony.

Murder.
Genocide.
Torture, hostage-taking and offences under the War Crimes Act 1991
An offence under the Official Secrets Acts.
Soliciting, incitement, attempt or conspiracy to commit any of the above offences.

Class 2 High Court judge, or a circuit judge. 

Manslaughter.
Infanticide.
Child destruction.
Abortion (section 58 of the Offences against the Person Act 1861).
Rape
Sexual intercourse with a girl under 13.
Incest with girl under 13.
Sedition
An offence under section 1 of the Geneva Conventions Act 1957
Mutiny
Piracy
Soliciting, incitement, attempt or conspiracy to commit any of the above offences.

Class 3 High Court judge, a circuit judge or recorder.

All offences triable only on indictment other than those in classes 1, 2 and 4; and

Soliciting, incitement, attempt or conspiracy to commit any of the above offences.

Class 4: 
Wounding or causing grievous bodily harm with intent (section 18 of the Offences against
the Person Act 1861).
Robbery or assault with intent to rob (section 8 of the Theft Act 1968).
Soliciting, incitement or attempt to commit any of the above offences.
Conspiracy at common law, or conspiracy to commit any offence other than those included
in classes 1, 2 and 3.
All offences, which are triable either way.

Appeals and committal for sentence, judge sits alone, all others judge and jury.
Indictable offences
 May refer the conviction to the Court of Appeal. And/or
 May refer to the Court of Appeal any sentence (not one fixed by law) imposed on the
conviction.
Summary offences (magistrates' court)
May refer the conviction to the Crown Court, and/or

Refer the sentence to the Crown Court.

Crown Court, may not ‘up’ the sentence.  Court of Appeal can.

May grant bail 

Must be real possibility that conviction or sentence would not be upheld.

 
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