Trial on Indictment
There is an initial committal hearing in the magistrate’s court. The purpose is to determine whether there is a case for the accused to answer, i.e., an apparent basis for prosecution. If this is found, the accused is committed for trial to the crown court.
Committal proceedings may take place by way of a preliminary investigation or preliminary enquiry. In the case of a preliminary investigation, witnesses attend and give evidence probably on oath. In most cases there is a preliminary enquiry where copies of witness statements are presented to the court. All witnesses attend and give evidence. They are bound over to attend and give evidence if required at the trial.
The vast majority of committal hearings proceed as Preliminary Inquiries Preliminary Inquiries usually proceed on the basis of the written statements of evidence and documents served by the prosecution. If witnesses are called to give oral evidence at the hearing then it is sometimes described as a “mixed committal” by lawyers.
A Preliminary Investigation is another kind of committal hearing but is extremely rare. In a Preliminary Investigation all witnesses attend to give oral evidence.
The prosecution need not set out all its evidence nor need the accused. The accused is entitled to preserve his defence entirely. However, the Criminal Procedure Investigations Act requires the defendant to provide a defence statement and to notify alibi evidence.
If there is insufficient evidence to return the accused for trial issues may be discharged. This happens very infrequently. There is no formal acquittal.
If committal is made the accused may apply to the crown court judge to have the committal reviewed. Once again, this does not preclude subsequent charges on the same grounds.
The principal trial takes place in the Crown Court following committal. The public prosecution service prepares a indictment setting out the charges against the accused. Each charge is a count. The counts specify the offence and circumstances. Specifying the facts constitute the offence. A copy of the indictment is given to the accused.
The Crown Court is part of the Supreme Court and sits in various places through Northern Ireland. It is presided over by the Lord Chief Justice Court of Appeal judge, high court or county court judge. High Court judges generally hear the more serious offences.
A jury of 12 persons sits in ordinary offences. Terrorist type so-called scheduled offences are held – are heard by the Crown Court sitting alone without a jury. Generally the Crown Court for the County Court area where the offence is committed hears the – hears the case. This may be – the venue may be changed if there are security considerations or considerations of convenient – or expedition of the process.
At commencement of a trial on indictment, the accused is arraigned. This involves the reading of the indictment and request as to how the accused pleads.
If the accused pleads guilty on all counts the jury is not sworn in. The prosecution outlines the facts to the judge and previous convictions may be set out. The defendant’s representatives make a plea and mitigation.
If the accused pleads not guilty to any count, a jury is sworn in provided the offence is not a terrorist type offence. Juries are selected from lists compiled by the Juries Officer for the County Court provision.
Juries are drawn up from the register of electors. All persons between 18 and 70 are qualified to be included. Certain categories of person are disqualified including persons, lawyers, ministers of religion, doctors and certain other persons ineligible or excuse-able.
Jurors are summoned by way of a jury summons. The Juries Officer selects the jury to serve for all hearings to a particular court over prescribed time. The Juries Officer manages the jury panels.
The defendant may object to any 12 jury panel as of right. After this, potential jurors may be challenged only on the basis of reasons given.
The prosecution has no automatic right to challenge but may require juries to stand aside until a full jury can be formed. If a juror who has stood aside is required to make up a full jury, the prosecution may only object for good reasons.
The prosecution must prove the accused guilty beyond a reasonable doubt. If the defendant raises a defence, he must establish the defence on the balance of probabilities.
Examination and cross-examination takes place in the Crown Court in the same way as the civil and magistrate’s court. The procedure will be more formal than in the magistrate’s court.
Questions in relation to the admissibility of evidence will generally be heard in the absence of the jury. Evidence may be inadmissible as heresy. Conventions may be excluded if they are obtained by oppression or in circumstances or by means by which they may be unreliable.
On conclusion of evidence, the respective representatives make final speeches setting out their case. The judge sums up the case to the jury and directs it in relation to point of law.
Generally the jury’s verdict should be unanimous. If the jury has deliberated for at least two hours, and at least 10 agree and which are in majority, verdict maybe reached.
If the jury cannot reach a majority verdict, they may be discharged and a new trial ordered. If the jury find the accused not guilty, he is acquitted and cannot be re-tried for the same offence.
If the accused is found guilty, the matter than proceeds to sentence. The prosecution may set out its contentions and may give evidence of previous convictions. The accused may make these in mitigation. Reports may be heard from the probation and welfare services.
The general principles applicable to sentencing applicable in the magistrate’s court apply in the Crown Court.
The most common sentence in Crown Court is imprisonment. In the case of persons under age, detention in the youth offenders’ centre may be imposed.
This may be suspended. Suspended sentences should not exceed seven years with suspension between one and five years. The sentence may be activated if the – the convicted person commits another imprison-able offence during the suspension.
The sentence will depend on the seriousness of the offence, the circumstances, previous convictions, remorse, cooperation, premeditation. The court must consider whether the sentence that is proportional to the offence. Generally the statute says that the maximum offence.
A person who is found not guilty by reason of mental illness may be the subject of a hospital order or committed to a mental hospital. The person may be restricted under a restriction order limiting discharge.
The accused may appeal against conviction if the High Court trial judge grants a certificate that the case is set for appeal or if the leave of the Court of Appeal is obtain. In practice it would be impossible to appeal at the conviction and/or sentence.
Historically, there was no right of appeal against an acquittal. 2004 Criminal Justice Order provides the prosecution may appeal to the Court of Appeal with the leave of the trial judge or the Court of Appeal prior summing up against a ruling which has the effect of terminating the trial prematurely to the opening of the defence case in certain instances against rulings on point of evidence which significantly weaken the prosecution’s case. There is no appeal against a jury acquittal.
The Attorney General may refer a point of law to the Court of Appeals. This does not affect the acquittal.
Pending appeal, the Court of Appeal may permit the accused to be released on bail. The Court of Appeal will only allow the appeal if the conviction is unsafe. The court may allow an appeal and acquitted the defendant. It may allow appeal or substitute a different verdict. If they allow an appeal and order a retrial or it may dismiss the appeal.
An appeal may be made in respect of sentence only. In this case the sentence may be altered excessively if the Court of Appeal, the House of Lords gives leave whether as a point of law of general public importance an appeal may fall to the House of Lords. Appeal to the House of Lords are rare.