EITHER WAYS ON THE WAY OUT?

 

by TheJusticeofthePeace @ 09. Oct. 2010. – 13:51:25

Either way offences can be tried at crown or magistrates` court. Magistrates [or D.J.] can accept or decline jurisdiction depending upon the seriousness of the charge and the possible disposal. Jack Straw commented at the last A.G.M. of the Magistrates` Association and others more recently that owing to long established quirks of the English courts defendants on either way offences can themselves choose trial by jury or summary trial in magistrates` court. He added that about 20,000 outcomes of such cases at crown courts resulted in sentences within the powers of the magistrates courts. The corollary is that this is a colossal and unnecessary cost to the exchequer.

There appear to be two reasons for this figure; either magistrates with the consent of their legal advisers are inhibited and too conservative in their interpretation of guidelines or judges are too lenient in their disposals. Of course there are many caveats. The CPS might be lax in their process of reviewing the case. The prosecution case at its highest might later be undermined by evidence for defence and/or mitigation for the defendant. A weak bench might be cowed by the prosecution. On the other side a judge might be mindful of pressures regarding the prison population. A case which seems to merit declining of jurisdiction by magistrates is by its very nature a relatively minor matter for a case hardened judge.

An example was heard recently at Teesside Crown Court where a violent domestic assault resulted in the perpetrator receiving six months suspended for two years and 150 hours unpaid work [community payback]. We do not know if a bench declined jurisdiction or jury trial was chosen by the defendant, whether he pleaded guilty at magistrates` court who sent him to crown court for sentence or whether he changed his plea on the day of trial. The fact is the disposal was within the powers at the lower court.

In no other jurisdiction as far as I am aware does a defendant have an opportunity to choose where to be tried . What is not in doubt is that within this parliament the nature and/or guidelines in dealing with either way offences will have been brought into the 21st century. If the change is not undertaken on the basis of legal argument it will be undertaken on the basis of saving unnecessary costs.