a ‘paper committal’. If there was a prima faciecase, the
accused was committed for trial in the Crown Court.
One magistrate could sit alone for this purpose. The
Criminal Justice and Public Order Act 1994 proposed
replacing committal proceedings with a ‘transfer for
trial’ procedure. The new procedure was never imple-
mented and the relevant provisions were repealed by
the Criminal Procedure and Investigations Act 1996. The
1996 Act modified committal proceedings by excluding
oral evidence at ‘old-style’ committal hearings. The evid-
ence at contested old-style committals is now limited
to documentary evidence, i.e. written statements and
depositions, and exhibits presented by the prosecution.
A ‘sending for trial procedure’ was introduced by
the Crime and Disorder Act 1998 for adults charged
with indictable only offences. Under this new proced-
ure, the accused appears before the magistrates’ court
in order to resolve issues relating to bail, legal aid, the
taking of depositions and exhibits. The court provides
the defendant with a statement of the offences with
which he is charged and the evidence and the location
of the trial. The defendant is then sent for trial at the
Crown Court.
3 Youth courts.If a child (aged 10 to 13) or young
person (aged 14 to 17) commits a criminal offence, he
or she can be brought before a specially selected group
of magistrates sitting as a youth court. The court has a
wide range of sentences at its disposal, including cus-
todial measures. Young people are protected from the
potentially damaging effects of a court appearance in
a number of ways. The less formal proceedings must be
held separately from an adult court, the public is not
admitted and there are strict controls on what the press
can report.
4 Criminal administration. Magistrates issue sum-
monses, warrants of arrest and search, and they can
grant bail to people awaiting trial.
Crown Courts
Crown Courts were established in 1972 by the Courts
Act 1971 to replace the long-established system of quar-
ter sessions and assize courts. Trial on indictment in the
Crown Court is by a judge normally assisted by a jury
of 12. The most serious cases, such as murder, must be
heard by a High Court judge, while less serious matters
may be dealt with by either a circuit judge or a recor-
der (a part-time judge). The Criminal Justice Act 2003
introduced two circumstances in which trials on indict-
ment may take place without a jury by a judge sitting
alone. They are (i) the trial of serious or complex fraud
cases, and (ii) where there is a danger of jury tampering
or a jury has been discharged because of jury tampering.
In 2007 the government sought to introduce trial of
fraud cases by a judge alone without the need for an
affirmative resolution in both Houses of Parliament
through the Fraud (Trials without a Jury) Bill. The Bill
completed its Commons stages but was defeated in the
House of Lords at the second reading stage.
The jury comprises men and women between the ages
of 18 and 70, drawn at random from the electoral roll.
The main legislation governing jury service, the Juries
Act 1974, has been amended by the Criminal Justice
Act 2003 with the purpose of limiting the categories of
people ineligible for jury service, curtailing opportun-
ities to seek excusal from jury service and to redefine
those disqualified from jury service because of their
criminal convictions.
The functions of the judge and jury are quite distinct.
The judge is responsible for the conduct of the trial. The
judge rules on points of law and sums up the case for the
jury. The jury must consider all the evidence to decide
whether the accused is guilty or innocent. If the jury
convicts, the judge plays the final part in the proceedings
by passing sentence.
When the Crown Court is hearing an appeal, there is
no jury: the judge sits with between two and four lay
magistrates. Following changes made by the Access to
Justice Act 1999, magistrates no longer sit on commit-
tals for sentencing.Jurisdiction
The Crown Court has the power to deal with the follow-
ing criminal matters:1 Trial of serious offences.2 Committals for sentencing from the magistrates’
courts.3 Appeals from magistrates’ courts.The defendant
(but not the prosecution) may appeal against conviction
and/or sentence. The appeal takes the form of a complete
rehearing of the case. The Crown Court can confirm or
reverse or vary the decision of the magistrates or return
the case to them with an expression of its opinion. The
court can impose any sentence which the magistrates’
court could have passed. This means that the defendantPart 1Introduction to law