Flashcards in Sending to the Crown Court for Trial Deck (19)
When adult appears in the Mags', in which circumstances will the case be sent 'forthwith' to the CC?
The offence is indictable only; or
It is triable either way and allocation/mode of trial hearing resulted in allocation of trial on indictment (either because Mags have declined jurisdiction or the accused has elected CC trial); or
Notice has been given to court in certain serious/complex fraud cases or cases involving child witnesses requiring the sending of the case to the CC
When there are multiple offences and one is sent to the CC...
Court must also send D to CC for any related offence.
What is a related offence?
An either way offence is related if it could be joined on the same indictment (should be founded on the same facts or else form a series of offences of the same or similar character);
A summary offence is related if it arises out of circumstances that are the same as or connected with those giving rise to the indictable offence [and must also be punishable with imprisonment and/or disqualification from driving to be sent]
The 'related offence' test for summary offences appears to be narrower
When will a related offence appear on the indictment in the CC?
Only when it is either way. When it is summary it will not appear on the indictment, unless it is one of a small number of offences that can be added to the indictment. These include:
Criminal damage of less than £5000
Taking a motor vehicle without consent
Driving whilst disqualified
What happens when the summary offence is not on the indictment?
A plea is taken on the summary offence only if D is convicted on the indictment.
When a plea is taken on the summary offence in the CC, what happens if D pleads guilty of the summary offence?
CC will pass sentence in respect of the summary offence, but will be limited to the sentencing powers of the Mags.
When a plea is taken on the summary offence in the CC, what happens if D pleads not guilty of the summary offence?
The prosecutor may offer no evidence. If prosecutor wishes to proceed with summary offence, D will be remitted to Mags for the trial unless CC judge agrees to try the case sitting as a DJ.
Describe the process by which D is remitted to CC from the Mags
Administrative; there is no scrutiny by the Mags of the evidence against D. Where summary case is sent to CC for trial, summary trial is treated as having been adjourned by Mags’ without fixing a time or place for its resumption.
How many Mags are needed to send D to CC?
Can be done by a single justice.
What happens if accused doesn't appear in court for a s. 51 hearing?
Court may issue arrest warrant (applicable when accused fails to answer summons or requisition or fails to answer bail).
When can D apply for charge to be dismissed and what is the process?
Once case has been sent to CC and D has been served with documents containing evidence, D may apply for the charge to be dismissed This application must be made before arraignment (before plea is taken). If application is made, CC judge must dismiss the charge if it appears that the evidence against D would be sufficient for them properly to be convicted. This test mirrors the test applicable to submissions of no case to answer.
Can further proceedings be brought when the charge is dismissed after sending to CC but pre-arraignment?
No further proceedings may be brought on that charge except by way of the preferment of a voluntary bill of indictment, which is an application to a HC judge for an order that D stand trial in the CC for the offence in question.
When can voluntary bill of indictment procedure be used and what are the implications of this?
Such an application can only usually be made if new evidence comes to light after the CC judge dismissed the charge. And so this procedure cannot generally be used as an appeal against dismissal decision.
What happens If an adult has already been sent to the CC and D subsequently appears before Mags’ charged with related either way or summary offence?
The court may send the accused to CC for trial. Because this is a discretionary power, there will be a plea before venue/mode of trial hearing in respect of the either way offence.
What happens when there are co-accused and one elects CC trial?
Mags must send any other accused charged with the same offence (or a related offence) to CC for trial.
What happens when the Mags send an adult to CC for trial and another adult appears before the court on the same occasion charged jointly or with a related offence?
Mags must send them to CC.
What happens when the Mags send an adult to CC for trial and another adult appears before the court on a subsequent occasion charged jointly or with a related offence?
Mags may send them to CC. NB. Must also send them up for related offences they are charged with.