Pre-Trial Proceedings

Criminal offences under Northern Ireland law may be tried either summarily in the magistrate’s court or on indictment in the criminal court. A number of offences may be tried either way depending on their seriousness and circumstances. Terrorist-type offences are subject to separate legislation.

Summary offences are the less serious offences. They are tried in a magistrate’s court by a resident magistrate. There is no jury or right to a jury trial. The maximum term of imprisonment is usually 6 months or a fine.

Decisions of the magistrate’s court may be appealed to the county court or referred to the court of appeal on a point of law.

Serious offences are tried in the crown court by a judge or jury. These include the most serious criminal offences such as murder, manslaughter, rape, and robbery.

The preliminary stage in an offense involves committal in a magistrate’s court. The preliminary hearing considers whether the person should be sent forward for trial. Appeals from crown court decisions are made to the court of appeal.

A significant number of offences may be tried either way. Legislation commonly states that offences may be tried either summarily or by indictment. In this case, the prosecution will decide how to proceed depending on the seriousness of the offence and circumstances.

Some offences, which may be tried by indictment such as theft, may be tried summarily if the magistrate considers it not a serious offence and if prosecution and defence consent. There are a small number of offences which may be tried on indictment if the accused so requires, but the maximum sentence exceeds 6 months.

Scheduled offences are those set out in the Terrorism Act 2000 as amended. They may be tried by a single crown court judge without a jury, a so-called “Diplock Court.”

Some terrorist-type offences may be tried in the normal way if the attorney general is satisfied that there is no terrorist element in the offence. Some offences may not be certified in this way.

A person who has been arrested on a warrant may be brought before the Magistrate’s Court and released on bail. Alternatively, the magistrate may authorise the police to release the accused on bail.

Bail involves the entry of a recognisance as a guarantee or surety to attend the court earned default to lose the bailed amount. Since 2004, police officers may grant bail following arrest without persons being taken to the police station.

Persons who are arrested, whether with or without a warrant, may be released on police bail. A custody officer at the station must release a person charged either with or without bail unless one of the following circumstances applies: his name and identity, name and address cannot be ascertained. In the case of an imprisonable offence, there are reasonable grounds for believing that detention is necessary to prevent him from committing an offence.

There are reasonable grounds for believing that continued detention is necessary to prevent him from absconding, causing injury or damage to any person or property. There are reasonable grounds to believe if the person had failed to attend in court granted bail, or interfere with the administration of justice or investigation of any offence.

In the case of a juvenile, continued detention can be justified if the custody officer has reasonable grounds to believe in the juvenile ought to be detained in his own interest.

Where a custody officer releases a person on bail, he will require the person to enter a recognisance.

In summary proceedings, there may be a number of adjournments before the matter is ultimately heard. The person may be remanded on bail or in custody.

The decision as to whether to grant bail will depend on a number of factors including the nature of the offence, strength of evidence, the character of the accused. Generally, the court should grant bail unless there is a risk the person will not attempt to court a committed offence or obstruct the course of justice by interfering with witnesses.

Remand and custody should not exceed eight days unless the person is already in custody serving a prison sentence or it was for a young person.

Remand for up to 28 days is permissible if the person accused has previously been remanded in custody, an opportunity has been given to make representations for both prosecution and the accused, and the court has set a date for sentencing.

On each date on which a person is remanded, he’ll be given another further opportunity to apply for bail.

A person who is refused bail by the Magistrate’s Court may apply to the High Court for bail. Alternatively, the application may be made to apply for more lenient conditions of bail. The person may also apply to the High Court for Habeas Corpus if he didn’t – on the basis that the detention is unlawful.

The prosecution may appeal to the High Court against the granted bail by the magistrates’ court.

Where an accused is charged with an indictable offence, the Crown Court may admit the person to bail when he has been committed for trial.

The person may be summoned to the Magistrate’s Court. A person who was not charged may be formally cautioned by a senior police officer. This will occur if the person admits guilt and the police believe that this is in the person’s interest but a formal caution may be given. They act as prosecutor in many minor cases and conduct the prosecution staff.As of 2006, the public prosecution service is being reorganised and proposed to take over police responsibility for prosecuting minor crimes.

Major criminal offences are handled by the public prosecution service headed by the Director of Public Prosecutions, who is an independent officer.

Once police have completed investigations in a serious offence, the file is passed to the PPS. A decision will be taken in relation to prosecution. PPS give a direction – this direction – may direct charges be pressed and may make a choice in certain cases, where available, as to whether the matter should be tried summarily or by indictment.

In the case of prosecution by indictment, committal proceedings are conducted by the PPS. The accused is committed for trial, and the committal papers, including evidence and files, are sent to the Grand Council because of the indictment in serious cases, but in other cases, a junior barrister may be employed. The PPS will act as prosecution solicitor.

The Criminal Procedure and Investigations Act provides for  disclosure of material to the accused. The prosecutor must disclose information to the accused unless the court orders that it is not in the public interest to do so. Prosecution material which may undermine the prosecutor’s case must be disclosed.

In an indictable case, the accused must give a defence statement. This will set the general nature of the defence, including particulars of alibi and information about witnesses giving evidence in support of the alibi.

Thus  indicate the matters with which the accused disagrees and explain why. Heard defence statement is given, the prosecution must disclose any further information which will reasonably be expected to assist the accused’s defence. This is a continuing duty.

In the case of administrative type offence, the relevant state agencies’ officers may conduct the prosecution. This may include, for example, the Social Security Agency, Driving and Licensing and the Rent Collection Agency.