Pre-Trial Procedures

Pre-trial Procedures

Summary Offences: The least serious, petty crimes. E.g. assault, vandalism, driving offences. 95% heard in the Magistrates Court

Indictable Offences Serious crimes. E.g. rape, murder, manslaughter, robbery. Tried at the Crown Court.

Triable-either-way Offences: Can be treated either way, defendant can choose. E.g., theft, abh. Heard in Magistrates or Crown Court

Mode Of Trial- ‘Allocating Mode of Trial’. ‘Plea before venue Procedures’ Guilty Plea= no power to choose where the case is heard. Not guilty Plea= Magistrates carry out the mode of trial hearing. If they accept jurisdiction, the defendant has the right to choose trial by jury if they wish.

Reasons for choosing trial by jury:  More likely to be acquitted at Crown Court.  More likely to get legal aid at Crown Court.

Reasons for not choosing trial by jury:  Longer waiting time  Costs are greater  Greater sentencing powers.

Bail Bail Act 1976 Statutory- means they are obliged to grant bail. Should consider nature of offence, previous records, behaviour & strength of the prosecutions evidence.

Conditional- conditions put in place for their own and witness’ protection. E.g. curfews, residence at a particular address, reporting to the station, surrendering passports.

Unconditional- If the police or Court thinks that the defendant is unlikely to commit further offences, and will attend court when required, they will be released.

Breach Of Bail: If a defendant does not stick to conditions they may be arrested and have their bail withdrawn. Failing to appear in Court is a criminal offence.

6 Statutory exceptions (not to grant bail):  The defendant would fail to attend Court.  If they think they will commit another offence.  The course of justice would be obstructed.  It is necessary to detain them for their own protection.  More time is needed to gather information.  They have previously failed to appear in Court after bail.

Reasons not to remand suspects (to grant bail):  To save money  To save time and space  ‘Innocent until proven guilty’  Could lose their job and contact with family & friends  Final sentence may not be custodial  Between 1990 and 1994, remands made up 50% of prison suicides.

Bail will not be granted to: - Those charged with murder, attempted murder, rape and manslaughter if they have been already charged with a similar offence. - Terrorists - Those who have committed a crime whilst previously on bail. - Adults tested positive for class A drugs.

Personal Recognisance: defendant must pay a specified sum if they fail to surrender.

Sureties: 3rd person promises to pay if they fail to attend Court.