Trial on indictment meaning

Checklist This Checklist outlines key factors to weigh when deciding if a summary hearing or a trial on indictment is ultimately likely to better serve a client accused of an either way offence before the criminal courts of England and Wales...

How does the jury system work in our country? The earliest recorded use of the jury trial in England can be traced as far back as 1220. Even so, for most people across society, jury trial did not become commonplace until the 18th century. Being judged by a jury of one’s peers for serious offences is widely regarded as a fundamental and enduring element and safeguard of the adversarial system in England and Wales today. Juries sit on the gravest crimes that are triable only on indictment (e.g. murder, rape, terrorism, etc.), and they are also available for ‘either way’ offences where a defendant may choose a jury trial instead (e.g. possession of a bladed article, theft, possession of drugs). In England and Wales, anyone on the electoral roll who is ordinarily resident in the UK and aged over 18 but under 76 can be summoned for jury service, as set out expressly in section 1 of the Juries Act 1974 (JA 1974)...

ARCHIVED: This archived Practice Note offers background on the alterations to criminal procedure that took effect on 6 October 2014 under the Criminal Procedure Rules 2014, SI 2014/1610. Those provisions have since been revoked. The present rules on criminal procedure are set out in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note reflects the law as at 6 October 2014 and is not maintained. It is provided for background purposes only. What is changing in the Criminal Procedure Rules? The consolidated Criminal Procedure Rules 2014, SI 2014/1610 (Crim PR 2014), together with updated Criminal Practice Directions, commence on Monday 6 October 2014. This Practice Note summarises those amendments and, where appropriate, links to our newly created and revised materials. The most substantial amendments are covered in the Practice Notes cited below. Content across the Corporate Crime practice area has been generally revised to reflect any adjustments arising from Crim PR 2014. Appeal to the High...

Damage to property caused by fire is charged as arson A person who, without lawful excuse, destroys or harms another’s property by fire, intending that outcome or being reckless as to whether it occurs, commits arson under section 1(3) of the Criminal Damage Act 1971 (CDA 1971). For guidance on criminal damage generally, see Practice Note: Criminal damage. In R v Booth, the omission of any reference to arson in the particulars led the court to treat the indictment as a nullity. The point was considered again in R v Drayton, where the court held that the allegation must, at the very least, be identified as ‘damage by fire’, ensuring the defendant is in no doubt that fire damage is alleged, an accusation carrying a harsher sentence than straightforward criminal damage. This is because arson attracts sterner penalties than simple criminal damage, by clear comparison. Simple arson, where no risk to life is alleged, is an either-way offence. Where the damage relied upon amounts to ‘significant damage by fire’,...

The Courts and Tribunals Bill sets out sweeping changes to the criminal justice system in England and Wales, designed to cut backlogs and improve efficiency. For criminal practitioners, headline shifts include ending the option to elect a jury trial, widening the categories of cases that can be heard in the magistrates’ court, removing juries for certain either-way offences, overhauling how appeals to the Crown Court are made, and introducing judge-only trials for matters that are complex or lengthy. This Practice Note surveys the core proposals affecting the criminal justice system in England and Wales, considers how they may operate in practice, and clearly highlights potential benefits and drawbacks of the reform package across the jurisdiction as a whole today. Background The Courts and Tribunals Bill was brought forward amid what the UK government characterises as a criminal justice system ‘in crisis’, with a record queue of tens of thousands of unresolved Crown Court cases causing extended delays for victims, witnesses and defendants. To tackle these systemic pressures, the...