Criminal Courts - pre-trial matters

Procedure	All criminal cases start in a Magistrates' Court. Early proceedings are administrative, the process is a "structural approach". After identifying the defendant and other procedural matters the clerk will read the charge(s) to the defendant.
Stages	There then follows a series of structured stages to ensure no time is wasted with equivocal pleas or confusion about where a case will be heard. The current system was introduced to replace a system where magistrates decided where a trial should take place (mode of trial) without knowing how a defendant intended to plead guilty or not guilty.
"Plea before Venue" and "Mode of Trial"
Summary Either way Indictable	There are three classes of criminal offences. "Summary only" – which can only be tried in the Magistrates’ Court. "Indictable only" – which can only be tried at the Crown Court. "Either way" – which can be tried in the Magistrates’ Court or the Crown Court.
The following procedure applies to defendants aged 18 years and over charged with either way offences.
Advance Disclosure	All defendants charged with either way offences have a right to receive details of the prosecution case against them – this is called "Advance Disclosure". Advance Disclosure will usually be served at or before the first court hearing. Note: Any problems with disclosure can usually be corrected at the hearing, otherwise an adjournment will be necessary for the prosecution to obtain the relevant papers.
"Plea before venue"
"Plea before venue" procedure was introduced by the Criminal Procedure and Investigations Act 1996. (Home Office Circular 45/1997)
Taking a plea	The clerk explains to the defendant that he may indicate a guilty or not guilty plea or no plea.
Sentencing powers insufficient	They will also be warned that they may be committed to the Crown Court for sentence if they are convicted of the offence and the magistrates consider that their sentencing powers are insufficient.
Guilty plea	If the defendant indicates a guilty plea then the court immediately proceeds towards sentence by hearing from the prosecution and defence, they then either: sentence forthwith, or order a pre-sentence report to be prepared either later that day or after an adjournment, or commit the defendant to the Crown Court for sentence.
Not guilty plea	If the defendant indicates a not guilty plea or no plea the court proceeds to the "Mode of Trial" procedure.
"Mode of trial"
Outline of facts	The prosecution makes representations including an outline of the facts of the case. The defence also makes representations. For the purposes of "mode of trial" that the prosecution version of the facts is assumed to be correct. In addition, there will be information given about previous convictions (if any) at this stage, and there will be limited information about charges, for example no offences to be taken into consideration. Note: The Criminal Justice Act 2003 significantly extended the power of courts to hear previous convictions of defendants.
Inquisitorial proceedings	The proceedings are inquisitorial, and the magistrates can seek further information from either party. Also, advice is available from: Court of Appeal sentencing guidance Mode of Trial Guidelines Magistrates’ Court Sentencing Guidelines Sentencing Guidelines Council (Any court departing from these guidelines has to give reasons for doing so). Note: Magistrates rely heavily on their legal advisor (the clerk) in these matters.
Inquiring if the case is suitable for summary trial	In deciding if an offence is suitable for hearing in the Magistrates’ Court or Crown Court regard will be taken of: the nature of the case, if the offence is serious, whether the Magistrates’ would have adequate sentencing powers, other circumstances which make it more suitable for the offence to be tried in one way rather than the other, any representations by the prosecution or defence. Note: The case will be suitable for committal if it involves complex questions of law or fact.
Suitable for summary trial	The clerk asks the defendant whether he agrees to be tried by the Magistrates’ Court or wishes to be tried at the Crown Court. he will again be warned of the magistrates’ power to commit for sentence. The defendant will then either consent to be tried by the Magistrates’ Court and be invited to enter a plea, or will elect to be tried by the Crown Court. Note: Defendants are allowed to seek a broad indication of the sentence they would face if they were to plead guilty at this point, where summary trial is considered appropriate.
Defendant elects Crown Court trial	If the defendant elects to be tried at the Crown Court the prosecution will need to prepare committal papers and are therefore likely to seek an adjournment for this to be done. Note: The defendant has the choice of Crown Court trial even if the magistrates think summary trial is appropriate.
Magistrates decide case should go to Crown Court	The prosecution will need to prepare committal papers and therefore are likely to seek an adjournment for this to be done.
Magistrates sentencing maximum is 6 months	Although the Criminal Justice Act 2003 provided for an increase in magistrates' sentencing powers this has not yet been implement. Note: At present, there is a general limit on the sentencing powers of magistrates' courts, which prevents them from imposing more than six months' imprisonment for any one offence. The limit for consecutive terms of imprisonment is also six months, unless the sentence relates to two or more either way offences, in which case the limit is 12 months.
Professor Lee Bridges
Inappropriate use of Crown Court	While the incidence of defendant elections for Crown Court has declined sharply, magistrates have continued to send between 10% and 12% of either way cases to the Crown Court either for trial or sentence, throughout the past decade, despite the introduction of reforms such as "plea before venue". At the same time, in cases which magistrates retain for sentencing, their use of custody has expanded nearly three-fold over the same period and they are now responsible for sending more people to prison each year than the Crown Court. The majority of cases sent by the magistrates to the Crown Court that result in a sentence receive a punishment within the existing powers of magistrates [the point being that—by sending them to the Crown Court the magistrates presumably thought they deserved a higher sentence]". (Hansard December 2002)