#19562 - 1. Criminal Litigation 2023 2024 Overview - BPC Criminal Litigation (formerly BPTC) 2024/2025

Criminal trials are by indictment in the Crown Court, or summarily in the Magistrates’ Court:

• ‘Indictable offence’: triable on indictment, whether it is exclusively so triable or triable either-way. After their first appearance in the Mags, it will be sent up via s.51 to the CC.

• ‘Summary offence’: triable only summarily (unless s.40 applies). A magistrates' court may not try an accused for a summary offence unless the application for a summons was served on the magistrates' court within six months of the time when the offence was allegedly committed.

• ‘Triable either way’: triable either on indictment or summarily or a s.40 offence. As regards either way offences, there is no time-limit within which proceedings must be started, unless it is one of the exceptional offences for which there is statutory limitation.

Virtually all adults will have their first appearance in the mags.

If there is an application for summons it must be in writing and within time. Must contain a statement of the offence in ordinary language and sufficient particulars.

CJA 1988 s.40 enables certain specified summary offences to appear on an indictment if they are linked to an indictable offence which has been sent up:

• Common assault

• Taking a motor vehicle without consent

• Driving while disqualified

• Criminal damage where the value of damage exceeds 5,000

The overriding objective in criminal procedure is that criminal cases be dealt with justly.

• The court must actively manage the case

  • Early identification of the issues and witnesses;

  • The setting of a timetable and monitoring the progress of the case, avoiding unnecessary delay;

  • Presenting evidence in the shortest and clearest way;

  • Encouraging the cooperation of participants; and

  • Making use of technology.

Insofar as the State plays a direct role in the prosecution system, it does so through the DPP and the law officers of the Crown (the A-G and Solicitor-General).

DPP will take over the conduct of all criminal proceedings instituted on behalf of the police force.

CPR acts on behalf of the DPP, not the police force.

The DPP’s powers may be exercised by Crown Prosecutors acting within the general authority delegated to them and without express instructions from the DPP....