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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