1. The Criminal Courts: Procedure and Sentencing
Procedure to Trial

2. Objectives Identify the outline procedure to trial
Describe the procedure to trial
Apply the procedure to trial to a given situation

3. Basic Principles Main purpose to ensure justice is carried out
Criminal Procedure Rules 2005 sets out these aspects for justice
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

4. 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

5. 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

6. 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

7. 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’

8. 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:

9. 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

10. Bail 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

11. 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

12. Conditional Bail Post release conditions may be imposed
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

13. Unconditional Bail If D unlikely to commit further offences
Will attend court
Not interfere with justice system
Then normally released on unconditional bail

14. Task
Research and identify the bail hearings and decisions in the current ???? case

15. Objectives Identify the outline procedure to trial
Describe the procedure to trial
Apply the procedure to trial to a given situation

16. 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.