Select Committee on Home Affairs Minutes of Evidence


EFFECTS OF THE CRIMINAL JUSTICE (MODE OF TRIAL) BILL

1.  BACKGROUND

  1.1  The Criminal Justice (Mode of Trial) (No. 2) Bill was introduced into the House of Commons on 22 February 2000, following the earlier defeat in the House of Lords of the original Bill. The requirements to consider the effect of conviction on an accused's livelihood and reputation have been removed. Reasons must now also be given for the decision as to mode of trial.

2.  CURRENT POSITION

  2.1  The No. 2 Bill is expected to reach Committee Stage during April 2000.

3.  LIKELY EFFECTS OF THE BILL

  3.1  Significant savings across the CJS if, as predicted, there is a significant reduction in the number of Crown Court trials.

  3.2  There is likely to be an increase in the number of committals for sentence to the Crown Court (at present anticipated to be around 8 per cent), in view of the limits on the sentencing powers of the Magistrates' Courts. This level of work may provide greater opportunities for the Service to utilise its Higher Courts Advocates.

  3.3  There will be appeals by defendants against the decisions by Magistrates that their case should be heard summarily.

  3.4  The national Mode of Trial Guidelines will need to be amended to take account of the new provisions.


 
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