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4.
The accused may elect for trial by jury (Crown Court).
Procedure in Prosecution: The enforcing authority identifies that an offence has been
committed and decides to prosecute. The steps to be taken are then as follows:
Information is laid before the magistrate (or clerk of the justice).
A summons to appear before magistrates is served on the person or corporate
body, or on a partner in a partnership.
The examining magistrate has to decide whether there is a charge to be
answered. It is not a trial in the accepted sense as the accused does not plead to
the allegations. A single justice of the peace can sit as an examining magistrate.
The decision rests initially with the magistrate as to whether an offence will be
tried summarily or on indictment. The court will take into account all the
circumstances and any representations made by the prosecution and defence.
If it is decided that it can be dealt with summarily, the decision is explained to
the defendant and he or she has to consent to summary trial.
If an offence is to be tried on indictment the Magistrates Court proceedings are
known as committal proceedings.
You should be aware that there have been moves to dispense with committal
proceedings under Section 44 of the Criminal Justice and Public Order Act 1994.
However, this section has not yet been brought into effect by the Home Secretary. The
new procedure which will replace committal proceedings is the transfer for trial.
This is an attempt to speed up the court process by dispensing with witness evidence by
personal appearance in court. Under the new procedure, the prosecution will serve on
the defendant, and on the Magistrates Court, details of the case and the supporting
evidence.
The defence may then make an application for dismissal. This is a written application to
the court to dismiss the charge which, in turn, the prosecution may oppose in writing.
The application is heard in the absence of both prosecution and defence unless either
party has been granted permission to give supporting oral evidence in difficult or
complex cases. Having considered the written application, if the court decides there is
insufficient evidence to put the defendant on trial, the charge must be dismissed. Such
dismissal would debar any further proceedings against the defendant.
If the dismissal application is unsuccessful the magistrates must transfer the case to the
Crown Court for trial.
Magistrates may change their minds during the course of a trial or committal
