#3237 - Mode Of Trial And Committal

Criminal Litigation

Mode or Trial and Committal

1. Plea before venue hearing:

S.17A Magistrates Court Act 1980
Applicable to ‘Either way offence’ only!
Defendant [D] indicates how he intends to plea [guilty / not guilty]
D would have received any advanced disclosure from prosecution.
Purpose of hearing = to assess the seriousness of the offence

D makes a Guilty Plea = Magistrates decide on sentencing [either sentence in Magistrates Court or commit to Crown Court if Magistrate’s sentencing powers are inadequate.

D makes Not Guilty Plea / D refused to enter a plea: Mode of Trial enquiry is required to determine whether D should be tried in Magistrates or Crown Court.

2. Mode of Trial hearing:

Both prosecution and Defense make representations as to the appropriate trial venue.
Magistrates then decide whether to retain jurisdiction – considering:
- Submissions by both parties;
- S.19(3) MCA 1980: The matters to which the court is to have regard under subsection (1) above are the nature of the case; whether the circumstances make the offence one of serious character; whether the punishment which a magistrates’ court would have power to inflict for it would be adequate; and any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way rather than the other.
- General Sentencing guidelines e.g. Prosecution’s version of the facts is always presumed to be correct for the mode of trial hearing – so Magistrates can cater for worse case scenario.
- Specific sentencing guidelines
Outcomes:

Magistrates REFUSE jurisdiction – straight to Crown Court for trial on indictment. Client does not have the right to elect. Proceed to committal hearing.
Magistrates retain jurisdiction – this gives D the RIGHT TO ELECT:

D consents to Summary trial in Magistrates. Date for trial will be set.
D elects Crown Court Trial – trial on indictment. Proceed to committal hearing.

Assisting the client on his right to elect:

Limited sentencing power (but note Magistrates can always commit case to Crown for sentencing. [S.3 Power of Criminal Courts (Sentencing) Act 2000]. Crown court can impose a sentence up to statutory maximum for the particular offence)
Faster procedure - case can be completed much sooner (has D been denied bail?)
Less stressful – procedure less formal and intimidating. IS client very nervous and jumpy. Can he be intimidated easily (Crown not appropriate).
Less publicity (perhaps). IS the defendant a public figure or is the case of particular public interest.
Pre-trial disclosure: No defense statement need be served [under Criminal Procedure and Investigations Act]. Prosecution have no time to counter arguments
Presenting Advocate – more familiar with the case. IN crown court Advocate usually receives instructions on a last minute basis.
Costs / expense: Often cheaper! [Court Means test is an ‘in or out’ scheme]. If D qualifies for a representation order he will not have to pay any contribution to the court.

If in Crown Court - D will have to pay CPS costs (given the funding situation – maybe cheaper is better.

A ‘Recovery of Costs Order’ cannot be made in Magistrates’ court. [i.e. a contribution order to crown court] therefore a privately funded client may be more keen to choose Magistrates.

Higher acquittal rates: Jury are not case hardened [esp. where there is a case involving disputed police evidence. Magistrates more willing to believe Police]. There are 12 jurors to convince beyond R doubt where there is only 1 judge in Magistrates.
Better procedure for challenging admissibility of evidence / disputed evidence. Crown court judge more confident to exclude evidence. Increasing use of Voir Dire – so jury might not know of the evidence it at all. Less likely to be swayed.
Delay – does the client need more time? [this can be +ve or –ve]

Funding issues: this is a practical consideration. The future of public funding is bleak! Therefore more people will have to privately pay.

3. Committal proceedings:

Administrative hearing for an ‘either way offence’ that is going to the CROWN COURT ONLY!
Purpose: for CPS to establish a prima facie case against the accused.

[I.E. to ensure there is a strong case to answer]

Only prosecution present evidence.
Prosecution’s standard of proof at this hearing is lower than “beyond reasonable doubt”.
This is the last stage where court can allow case to change course [i.e. go back to summary hearing]. Can only do this with prosecution’s consent.

Committal With consideration of evidence [old style committal process] S.6(1) MCA 1980	Committal WITHOUT consideration of evidence ‘...

#3237 - Mode Of Trial And Committal - Criminal Litigation

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