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Who decides who tries a case?

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TSR's new app is coming! Sign up here to try it first >> 17-10-2016
    • Thread Starter

    Hello, I was wondering if someone could please clarify.

    If someone is being tried for attempted murder, the case firsts starts in the Magistrates' Court and then is transferred to the Crown Court? Who is it that decides the person is to be tried for this offence and with what procedure?

    Many thanks!!

    Whatever the statute says about the type of crime it is. Summary offences tried in Magistrates, triable either way, defendant gets to decide between Magistrates and Crown or Indictable= Crown only.

    Process for Indictable only to Crown

    Sending Defendants Charged With Indictable Only Cases to the Crown Court
    From 15 January 2001, committal proceedings for indictable only offences were abolished and new provisions contained in Sections 51, 52 and Schedule 3 of the Crime and Disorder Act 1998 were introduced (Archbold, 1-14)

    Defendants charged with an indictable only offence and appearing before a magistrates' court for the first time on or after this date should be sent "forthwith" to the Crown Court.

    There is currently no provision for sending defendants to the Crown Court in their absence.

    At the hearing, the magistrates will consider whether the defendant should be granted bail.

    Either-way and summary only offences charged against the defendant should be sent to the Crown Court with the indictable only offence provided they fulfill the 'requisite conditions' refer to Linking Either Way & Summary Offences, below in this section.

    Where a defendant, who has been sent for trial on an indictable only offence, appears at the magistrates' court subsequently charged with an either way or summary offence which fulfils the requisite conditions, the court may send him forthwith to the Crown Court for those offences. If the court decide not to send the defendant to the Crown Court, plea before venue and mode of trial should follow as normal (Section 51(2) of the Crime and Disorder Act 1998).

    The CPS decides whether there is enough evidence to charge. They must decide if there is enough evidence to provide a realistic prospect of conviction and whether it is in the public interest to pursue a conviction (the Code for Prosecutors sets this out, it is called the threshold test).

    As attempted murder is an indictable only offence it will be sent to the crown court. There will be an allocation hearing to confirm this. From then it is taken to the crown court for trial and sentencing if there is a guilty verdict.
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