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Criminal Courts
Procedure to Trial
The Criminal Courts: Procedure and
Sentencing
Procedure to Trial
© The Law Bank
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Criminal Courts
Procedure to Trial
Objectives
• Identify the outline procedure to trial
• Describe the procedure to trial
• Apply the procedure to trial to a given situation
© The Law Bank
2
Criminal Courts
Procedure to Trial
Basic Principles
• Main purpose to ensure justice is carried out
• Criminal Procedure Rules 2005 sets out these
aspects for justice
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Acquitting the innocent and convicting the guilty
Dealing with prosecution and defence fairly
Recognising the rights of the defendant (Article 6)
Respecting the interests of witnesses, victims and
jurors
– Dealing with the case efficiently and expeditiously
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Criminal Courts
Procedure to Trial
Basic Principles
– Ensuring appropriate information available to court
when bail and sentence are considered
– Dealing with case in ways that take into account:
• Seriousness of the offence alleged
• The complexity of what is in issue
• The severity of the consequences for the defendant and
others affected
• The needs of other cases
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Criminal Courts
Procedure to Trial
Outline procedures for summary offences
Start
• Charged or
• Summoned
Next
• Bail or custody?
• Public funding for representation?
Final
• Plead guilty (sometimes by post – if
so no court appearance or
• Trial
• Normally starts with a summons as a result of inquiries and decision to prosecute
• CPS normally takes this decision
• Police only have right to charge for a few minor offences
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Criminal Courts
Procedure to Trial
Outline procedures for either-way offences
Court selection
• Magistrates Court –
proceed to trial
• Crown Court – sent
for trial
Pre-Trial
• Case management hearing
Trial
• Plea of guilty and be
sentenced by judge
• Plea of not guilty and trial
• First hearing is a in Magistrates court as to where the case should be heard
• Called ‘mode of trial’ hearing
• At this hearing both sets of lawyers make case as to where they want the trial
• Magistrates Clerk and lawyers will explain to D:
• His choice of plea
• If he pleads guilty then they will proceed to sentence
• If he pleads guilty may still be committed for sentence to Crown Court
(punishment)
• If he pleads not guilty then Magistrates have to decide if their sentencing powers are
enough
© The Law Bank
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Criminal Courts
Procedure to Trial
Outline procedures for either-way offences
Court selection
• Magistrates Court –
proceed to trial
• Crown Court – sent
for trial
Pre-Trial
• Case management hearing
Trial
• Plea of guilty and be
sentenced by judge
• Plea of not guilty and trial
• If their powers are not sufficient then they send to Crown Court
• If they can hear the case D can still elect trial at the Crown Court – D has a choice
• D’s choice not straightforward
• Rates of acquittal on not guilty pleas are higher at jury trials
• Many D’s feel they receive a fairer trial at Crown Court
• Believe that Magistrates hear inadmissible evidence, are case hardened and
accept police evidence regardless of accuracy
• Jury trials have greater delays and greater defence costs
• Opting for court with greater sentencing powers
• Not always an easy choice and needs legal advice
• Entitled to ‘advance disclosure’ or ‘advance information’
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Criminal Courts
Procedure to Trial
Outline procedures for indictable offences
First
• Appear before
Magistrates
• Bail and funding of
representation hearing
Then
• Plea and case
management hearings
Final
• Trial by jury at Crown Court
• Sending for trial passes quickly through Magistrates
• Straightforward and ask questions only on bail issues and who will fund D
• D then gets a sending for trial order
• 1st hearing is a PCMH (plea and case management hearing)
• Looks at the procedures and checks that the given date is workable
• Judge has managerial role here
• D enters a plea – Guilty and sentencing can take place immediately
• If he pleads not guilty then the defence and prosecution have to inform court of the
following:
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Criminal Courts
Procedure to Trial
Outline procedures for indictable offences
First
• Appear before
Magistrates
• Bail and funding of
representation hearing
Then
• Plea and case
management hearings
Final
• Trial by jury at Crown Court
• Any issues in the case
• number of witnesses and order to be called
• formal admissions during process
• exhibits to be produced
• documents used by D during trial
• any contentious points of law
• questions about admissibility of evidence
• Estimated length of trial
• These are stated in a questionnaire
• PCMH may be used to obtain indication of sentence and aid decision making
• Judge give directions about process and date and post a notice of fixture
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Criminal Courts
Procedure to Trial
Bail
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Bail Act 1976 gives a general right of bail
Given at police station or
Under CJA 2003 in process known as street bail
Court bail through Magistrates
If granted they are released from custody until
their court date or re-appear at police station
• Bail may be refused because: abscond risk;
commit an offence; interfere with witnesses or
with criminal process
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Criminal Courts
Procedure to Trial
Conditional Bail
• Police or courts may impose requirements to
ensure that trial process remains fair
• Reasons for conditions should be specific and
justifiable
• Conditions can be surety (money) or security
(asset)
• Forfeited if bail is broken
• D may have to surrender passport
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Criminal Courts
Procedure to Trial
Conditional Bail
• Post release conditions may be imposed
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Reporting to a police station
Living at a stated address
Staying away from certain places or people
Curfew and tag (court only)
• If breaches conditions arrested and brought to
Magistrates – lose bail and be remanded
• Fail to appear at court is also a prosecutable
offence
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Criminal Courts
Procedure to Trial
Unconditional Bail
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If D unlikely to commit further offences
Will attend court
Not interfere with justice system
Then normally released on unconditional bail
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Criminal Courts
Procedure to Trial
Task
• Research and identify the bail hearings and
decisions in the current ???? case
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Criminal Courts
Procedure to Trial
Objectives
• Identify the outline procedure to trial
• Describe the procedure to trial
• Apply the procedure to trial to a given situation
© The Law Bank
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Criminal Courts
Procedure to Trial
Plenary
Peter was arrested after a person was attacked by a group of
people outside a local public house. The victim suffered severe
injuries and is still critically ill. Peter was one of 12 people who
were interviewed about the attack, but only Peter and two others
were arrested and charged with an offence. The others are likely
to be witnesses who will help confirm the images captured on
CCTV. Peter is not known by the police to be a man of violence,
but one of those arrested and charged has a history of violent
attacks. Peter had been in the pub in the company of the other
two charged and knows many of the witnesses. Consider the
criminal process that will be followed in Peter’s case and the
factors that will be taken into account in deciding whether Peter
will be granted bail or not, and, if granted, what conditions might
be imposed.
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