2.2 First hearings II

Question 1

What happens when D1 is committed to the Crown Court for trial, or elects jury trial, of an either-way offence and D2 is charged jointly with a related offence?

Answer 1

Section 51(5) Crime and Disorder Act 1998

• Shall* commit D2 if DD appear before the magistrates’ court on the same occasion, and
• May* commit D2 if D2 appears subsequently to D1.

Question 2

Where multiple DD are charged with either-way offences, who is dealt with first?

Answer 2

Any D who elect jury trial. (Because this affect the court’s decision regarding the others.)

Question 3

What is the mode of trial procedure where D is charged with an either-way offence and a summary-only offence?

Answer 3

1. Determine the mode of trial for the either-way offence;
   2a. If the either-way offence is to be tried summarily, try them both summarily together;
   2b. If the either-way offence is to be tried on indictment…

Question 4

What is the mode of trial procedure where D is charged with an offence to be tried on indictment and a summary-only offence?

Answer 4

Section 40 Criminal Justice Act 1988
(1)
A count charging a person with a summary offence to which this section applies may be included in an indictment if the charge—
(a)
is founded on the same facts or evidence as a count charging an indictable offence; or
(b)
is part of a series of offences of the same or similar character as an indictable offence which is also charged …
(3)
The offences to which this section applies are—
(a)
common assault [and various assault and motor offences]

[PLUS SOME OTHER SHIT INVOLVING S. 51 SCA - I’M GOING TO BED NOW]