The magistrates’ court usually conducts a preliminary investigation known as a mode of trial proceeding to see if the prosecution can establish a prima facie case against the accused – in other words, if ‘at first glance’ there is enough evidence to prosecute the accused then he will be committed for trial in the Crown Court. If not, then the case is dismissed. The magistrates’ court thus acts as a filter for the Crown Court with respect to indictable offences by preventing unsuitable cases going forwards.
It may soon be the case, according to the Crime and Disorder Act 1998, that defendants charged with indictable offences are sent straight to the Crown Court for prosecution without a preliminary hearing in the magistrates’ court.
Crown Court cases can either be held before a judge or a judge and a jury. Firstly, a plea and directions hearing will be held to determine the key aspects of the case. A further trial will only be held before a jury if the defendant pleads not guilty. If the defendant pleads guilty, then the case will be put to a judge alone. Certain offences have a right to trial by jury, however, whatever the pleading of the defendant of an indictable offence.
The process of bringing indictable offences to trial may seem quite complicated, but really it exists to protect suspects from unnecessary court proceedings and to ensure that the most expensive court practice – a thorough trial by judge or jury – does not try trivial cases. Furthermore, the Crime and Disorder Act 1998 is due to successfully streamline the process.
Indictable offences have been classified into four categories by Lord Taylor CJ in his Practice Direction of May 1995. For example, Class 1 includes murder, genocide and treason and Class 2 includes manslaughter, infanticide, illegal abortion, rape and so forth.
As well as strict indictable offences, there are some more moderate offences such as theft and burglary which can be tried either on indictment or summarily (in the Magistrates Court), depending on the result of the preliminary investigation called the Mode of Trial hearing. Such cases are given the name ‘triable either way offences’. Although they can be tried summarily in some cases, triable either way offences technically fall under the category of ‘indictable offence’ since they have the potential to be tried on indictment.
TMA (C) Rebecca Milburn Page
