Procedure to Trial

Principles Behind Criminal Procedures Criminal cases should be dealt with justly which means: Acquitting the innocent and convicting the guilty Dealing with the prosecution and the defence fairly Recognising the rights of D, particularly under Article 6 Human Rights Act (right to a fair trial) Respecting the interests of witnesses, victims and jurors and keeping them informed of the progress of the case Dealing with the case quickly and efficiently Ensuring that appropriate information is available to the court when bail and sentence are considered

Procedure for Summary Offence 1.First hearing at MC – charge put to D and D enters a plea 2.If D enters a guilty plea, Magistrates may sentence there and then, or they may decide to order a pre-sentence report – if they decide they need a pre-sentence report, case is adjourned for 3-4 weeks 3.If D enters not-guilty plea, either a trial date will be fixed there and then, or else the case will be adjourned for a period of weeks for a pre-trial review 4.Pre-trial review (if there is one) – magistrates fix a date for the trial taking into account the availability of the witnesses and likely length of the trial 5.In the meantime, bail is renewed or reconsidered

Procedure for Either-way Offences 1.First hearing at MC – charge put to D and D enters a plea 2.If D enters not-guilty plea – court clerk will ask P to make representations regarding the complexity and/or seriousness of the offence(s) to enable Magistrates to decide whether they are able to deal with the case themselves (this is called Mode of Trial) 3.If magistrates decide they are unable to deal with it, the case is sent to CC 4.If magistrates decide they can deal with it, D can decide to go before the CC 5.If D pleads guilty, magistrates decide whether or not they have the power to impose an appropriate sentence – if not they send to CC for sentence 6.Where case is to be sent to CC, decision on bail will also have to be made at MC

Procedure for Indictable Offences 1.First hearing in MC – charge read out, but D not required to enter a plea until he appears at CC. Magistrates send case to CC 2.D can apply for bail at MC and CC. 3.If D pleads guilty at CC, judge may sentence there and then, or may decide that a pre-sentence report is needed and will adjourn the case for about a month. Bail or remand will be considered if there is an adjournment 4.If D pleads not guilty, case is adjourned for a date for trial. Bail or remand will be considered

Bail - general Bail Act 1976 – there is a general right to bail Bail can be granted by courts or police Police bail can be granted at police station or following an arrest at locations other than police stations, under Criminal Justice Act 2003 – known as “street bail” Court bail dealt with through MC If bail granted – D released from custody until the next date when he must attend court or the police station, as stated on the bail notice If bail refused, this will be because the police or court believed D, if released on bail, will abscond (not turn up), commit an offence, interfere with witnesses, or interfere with the criminal justice process Two types of bail – conditional and unconditional

Conditional Bail Police and courts can impose requirements which are necessary to make sure D attends court and does not commit offences or interfere with witnesses while on bail Any conditions need to be specific and justifiable. They must be likely to be effective and capable of being enforced Conditions which are imposed before D is released: Surety – where D or another person is required to pay a sum of money if D does not attend the police station or court as required Security – same as surety but it is secured on an asset like a house Surrender of D’s passport Post-release conditions: Reporting to police station at given times Living at a stated address – could be D’s home, home of a relative away from the scene of the offence, or a bail hostel Staying away from certain people or places A curfew for which the court (not police) can order an electronic tag to be used If D is reported or believed to have breached a bail condition, he can be arrested and brought before MC and may lose the right to bail and be placed on remand Failure to appear at court is a criminal offence, and D can be prosecuted for this

Unconditional Bail If police or court think D is unlikely to commit further offences, think he will attend court as required, and will not interfere with justice process, he will usually be released on unconditional bail

Legal Funding 3 ways D could be helped if he needs to be represented in court for a criminal offences: 1.A Representation Order – covers representation by a solicitor, and if necessary a barrister. To qualify in MC, certain financial conditions must be met. If they are met, D will usually be given help with representation as long as it is in the interests of justice that there is legal representation – e.g. D is likely to go to prison or lose his job if convicted To qualify in CC, certain financial conditions must be met. If they are it is automatically in the interests of justice that D is represented 2.Advocacy Assistance – covers the cost of a solicitor preparing the case and initial representation in certain cases. Not means tested 3.Other types of legal help – e.g. from motoring organisations

Duty Solicitors A qualified criminal defence solicitor Will either work directly for a firm or will be self-employed Completely independent from police and courts There is a rota which covers police stations within each area 24 hours a day, and courts within an area from Monday to Saturday throughout the year Duty solicitor represents people who do not have or have not requested a specific solicitor Paid by the Legal Services Commission for all cases they deal with, so their advice and representation is free for Ds