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Crown Court hearings |
A
defendant may be facing a Crown Court hearing
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because he elected Crown Court trial
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because the magistrates have insufficient sentencing powers
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because the offence is only triable in the Crown Court
To
arrange a hearing and order the defendant to attend there are two procedures,
The
following procedures only apply to adult defendants aged 18 years or over. |
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Committal for sentence |
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Committal for sentence can apply when the court is dealing with either way offences |
The
court can commit for sentence if it is of the opinion that:
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the
offence (or a combination of the offence and one or more associated offences) is
so serious that greater punishment should be inflicted than the Magistrates’
Court has power to impose, or
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the
court is of the opinion that the defendant is a dangerous offender.
Note: An offender is a dangerous offender if they have been convicted of a
specified sexual or violent offence and the court considers he will commit
further offences which will cause serious harm.
The
court can also commit for some other offences in some circumstances.
If a
defendant was on bail, it will normally continue till the Crown Court hearing
(unless he is likely abscond knowing he is now facing a long prison sentence). |
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What
the magistrate says |
"We have decided that the offence[s] you have committed [is/are] so serious
that you should receive greater punishment than we can impose in this court.
OR
We
have decided that given the [violent/sexual] nature of the offence[s] of […]
you should be committed to prison for a longer term than we have power to
impose in order to protect the public from serious harm from you."
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Committal for Trial |
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Criminal Justice and Public Order Act 1994 |
Applies
to either way offences where the defendant or the magistrates have decided on
Crown Court trial.
There
are two forms of committal for trial:
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"old
style" where the papers are read out – this is where the court will hear the
evidence and be asked to decide whether there is a case to answer,
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"new
style" paper committal – this is the more common type of committal where the
court does not consider the evidence.
The
outcome of the committal proceedings will be that the defendant will either be committed to the Crown Court or discharged.
The
first hearing date at the Crown Court will be for a plea and directions hearing
(PDH).
The court will deal with questions about legal aid.
The court will remand the defendant to the Crown Court either in custody or on
bail.
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What
the magistrate will say |
"You
are committed to stand your trial at [...] Crown Court. You must attend the
Crown Court on [...]. (If applicable:) In addition, you are committed to the
Crown Court for sentence for the offence[s] of […] because they are connected
to the offence[s] for which you have been committed for trial.
The
defendant then has 14 days to object to the use of the statements.
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Sending for Trial |
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Applies to offences that are indictable only |
The
prosecution does not prepare committal papers for these offences. The defendant
is simply sent to the Crown Court on first appearance.
The
first hearing at the Crown Court is a preliminary one. The court
will deal with applications for legal aid for the Crown Court proceedings.
The
court will remand the defendant to the Crown Court either in custody or on bail.
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What
the magistrate will say |
"The
offence[s] with which you are charged can only be tried at the Crown Court. We
are therefore sending you to the Crown Court sitting at […] for trial. A
preliminary hearing will be held on […]. (...)
"In
the meantime you are [released on bail/remanded in custody]."
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