The incentive for the prosecution to bring cases to

This preview shows page 8 - 11 out of 15 pages.

The incentive for the prosecution to bring cases to trial within a proper time frame is thatthe prosecution cannot hold a def beyond the ‘custody time limits’ unless the court hassanctioned an extension.The limits themselves depend upon the classification of the offence.56 days for trial in the magistrates court of summary only and either-way offences182 days for trials in crown of indictable only or eitherway offences, less any daysspent in custody prior to the case being sent to the crown court (usually 0)
Custody time limit expiryA trial must be commenced before the expiry of the custody time limit.In magis the start of the trial is defined as when the court begins hearing evidence from theprosecutionIn the crown court it is when the jury is sworn.If the limits expire then the def will be released, unless the prosecution applies to extend thetime limits and can show it has acted with ‘all due diligence and expedition’ and that there is‘good and sufficient cause’ to have the def further remanded into custody.First and onward remand in the magisSent to Crown CourtWhere a def is charged with an offence that is sent to crown court (eg. Indictable only oreitherway where the magis decline jurisdiction or the def elects a crown court trial), thecustody time limit is 182 days and they will not make a further appearance in the magisTrial in magisThere are rules about how long a person can be remanded into custody for where they aregoing to be tried in the magisIf a def is remanded into custody at their first hearing and their trial will take place in themagis, their first remand must be for no more than 8 clear days^so they must be brought back to court within 8 days so that another bail application can bemade, though the def may choose not to make one.So to an extent means the courts can be clogged up with people making a secondappearance, but this appearance can be via video link (this is the default position).After their second appearance the def must be brought back to court every 28 days or fewerso the court can ‘remand them onwards’ to their trial.This is a waste of time and resources, so a def at any point can consent to these ‘onwardremands’ being conducted in their absence. (no video link, the magis simply have toremember to say on an appointed day ‘I remanded jon smith for a further 28 days in hisabsence’.Blackstones readingD5.22,D5.27 and D5.29-D5.30At any stage before case sent to crown court for trial or before or during a summary trial, a magis court mayadjourn the proceedings.It is possible to challenge the grant or refusal of adjournment through judicial review but the divisional courtwill be ‘particularly slow’ to interfear.Power to adjourn is containd in the Magistrates Court Act 1980
The court when adjourning may either fix a time and place at which the trial is to be resumed or unless itremands the accused, leave the time and place to be determined later by the court.

Upload your study docs or become a

Course Hero member to access this document

Upload your study docs or become a

Course Hero member to access this document

End of preview. Want to read all 15 pages?

Upload your study docs or become a

Course Hero member to access this document

Term
Winter
Professor
N/A
Tags
criminal law, High Court of Justice, Crown Court

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture