If you want to speed the process up, you could try handing yourself in at your local police station. Note that you can only be imprisoned if it can be shown that your non-payment was willful — that is, you deliberately refused to pay, rather than not paying because you had no money.
The whole process of enforcement can take months, even years, which can be pretty frustrating for the determined nonpayer who just wants to get the whole thing out of the way. Note that these are maximums; you may not get that amount of time. You only have to serve half of it. Representing yourself can involve a considerable amount of work, and many meetings with codefendants, even for fairly minor charges. Many people are intimidated by the whole court scene, where you have to stand up and speak publicly in a very alien environment.
Whilst for some people this may prove to be an insuperable obstacle, most people can work out ways of reducing the fear.
This could be a consideration if the court is a long way from your home. In most political cases, the chances of acquittal, even with the best lawyer in the world, are at best slim. Legal aid may not be granted for minor charges, so you might end up paying out a considerable sum to be represented. Representing yourself in court can be very empowering.
The trial can be seen as a continuation of the action. We did the action ourselves — why not speak for ourselves about why we did it? We have obviously tried to be as accurate as possible. However, it would be impossible to include every point and issue in a short briefing like this. Contents 1. Which court will I be tried in? Summary trial b. Trial on indictment c. Either way offences 2. Pretrial hearings a. Pretrial review 3. Trial procedure a. Prosecution opening speech b. Prosecution witnesses c.
Cross-examination of prosecution witnesses d. Prosecution re-examination of its witnesses e. Submission of no case to answer f. Defence witnesses g. Cross-examination of defence witnesses h. Defence re-examination of its witnesses i.
Defence closing speech j. The decision k. Mitigation 4. Sentencing a. Absolute discharge b. Conditional discharge c. Fine d. Community service e. Electronic tagging f. Compensation and court costs 6. Other issues a.
Joint trials b. Order of defendants c. Getting legal advice d. McKenzie friends e. Enforcement of fines 7. Should I defend myself in court? Trial on indictment There are few offences triable on indictment only which might be used against activists, with the exception perhaps of conspiracy to commit an offence , which is in fact rarely used. Crown court: advantages Much higher acquittal rate. Crown court: disadvantages Crown court cases involve many more hearings, so you will be required to travel to court more times, at your own expense.
Not guilty pleas If you plead not guilty your case will be adjourned for a pretrial review see later. Pretrial review This is the hearing where details of the trial are decided — it may be dispensed with in very minor cases. Prosecution opening speech The prosecutor will briefly outline the case against the defendant s and set out the evidence that will be called during the trial.
Cross-examination of prosecution witnesses After being questioned by the prosecution, the prosecution witnesses can then be cross-examined by the defence. Prosecution re-examination of its witnesses The prosecution at this point has a chance to clarify any points with its witnesses which may have arisen as a result of the defence questioning.
Submission of no case to answer This is optional, but at this point any or all of the defendants have the chance to make a submission that there is no case to answer — ie that the prosecution has failed to produce enough evidence to prove their case.
Defence witnesses Normally each side is permitted to make only one speech — the prosecution makes an opening speech, and the defence a closing speech. Character witnesses These are the last to be called. Cross-examination of defence witnesses The prosecution can cross-examine each defence witness in turn. Defence re-examination of its witnesses After the prosecution has cross-examined your witnesses if they wish to , the defence has the chance to ask further questions to clarify anything raised.
Defence closing speech This is the chance for you each to sum up the legal or moral elements of your defence, to highlight the evidence pointing to your innocence, and to invite the magistrates to acquit you.
The decision The magistrates may retire to make their decision. Extended powers of discontinuance s. Notice should be served on the defendant and the Crown Court. No reasons need be given in the notice to the defendant. Discontinuance does not prevent the initiation of fresh proceedings on the same offence and notices should be worded accordingly. The defendant does not have the right to require that the proceedings are continued as in the magistrates' court.
If the indictable only charge is discontinued after the sending, any remaining either way matters must continue to be prepared, the evidence served and a draft indictment prepared. There is no mechanism for cases to be 'sent back' to the magistrates' court until mode of trial is considered at arraignment. Prosecutors should note that for indictable only offences consent is required to be obtained prior to the sending hearing R v Welsh and Others [] EWCA Crim at paragraph In either way cases the appropriate consent has to be obtained before the plea before venue procedure takes place R v Lambert [] 2 Cr.
Better Case Management BCM links certain key complementary initiatives to improve the way cases are processed through the system, to benefit all parties concerned in the criminal justice system.
It is based on the principles of the Leveson Review, namely:. Rollout of BCM began in 8 early adopter courts on 5 October and was rolled out nationally in January The Custody Time Limits Guidance can be accessed here. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This guidance assists our prosecutors when they are making decisions about cases.
It is regularly updated to reflect changes in law and practice. Help us to improve our website; let us know what you think by taking our short survey. Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme.
Search for Search for. Top menu Careers Contact. Either way cases should only be sent to the Crown Court if the outcome would clearly be a sentence in excess of the courts powers or if the case is of unusual legal, procedural or factual complexity.
Indictable only offences must be tried in the Crown Court. Some 'either way' burglary, drug trafficking and firearms offences become triable only on indictment in certain circumstances. Either way or summary only offences related to indictable only cases may and sometimes must be sent to the Crown Court for trial.
A child or young person must be sent to the Crown Court for trial if the conditions in s. A child or young person may be sent to the Crown Court for trial if jointly charged with an adult for an indictable only offence.
It must be "necessary in the interests of justice" to do so. The time limit for service of the prosecution case is 50 or 70 days after the date on which the person was sent for trial depending upon whether the defendant is on bail or in custody.
However, under "Better Case Management" there is more emphasis on earlier service when possible. After service of the prosecution case the defendant may apply in writing to dismiss cases sent to the Crown Court. Extended powers of discontinuance beyond those normally available in Crown Court proceedings enable the case to be stopped at any time before the indictment is served.
Introduction This guidance describes the ways in which either-way, indictable only and related offences are dealt with in the magistrates' court and Crown Court in accordance with sections 50A to 52 of the Crime and Disorder Act as inserted or amended by Schedule 3 to the Criminal Justice Act Either-way Offences Allocation refers to the allocation and sending processes applied to either way cases.
The Guideline instructs courts to retain cases for trial and sentence in the magistrates' court unless: The outcome would clearly be a sentence in excess of the court's powers for the offence s concerned after taking into account personal mitigation and any potential reduction for a guilty plea; or For reasons of unusual legal, procedural or factual complexity, the case should be tried in the Crown Court.
For example a very substantial fine is the likely sentence. Sending Youths The proper venue for the trial of any youth is normally the youth court. Allocation Procedures Allocation hearings in magistrates' courts may be undertaken by associate prosecutors as they are defined as 'uncontested hearings'. Adjourning a case listed for Allocation Adjournment is only appropriate in exceptional cases.
Prosecutors should generally only apply to adjourn cases in the following circumstances: in custody cases, where further information expected to affect the level of charge has or is expected to become available, or it has not been possible to review the case prior to the first hearing in bail cases, where relevant further information likely to affect the level of charge has unexpectedly become available which necessitates a further review of the case in cases where consent is required and it has not been practicable to obtain this by the relevant time.
As a matter of good practice, consent should be obtained if AG's consent or given if DPP's consent at the earliest reasonable opportunity. In either-way cases the appropriate consent has to be obtained before the plea before venue procedure takes place R v Lambert [] 2 Cr. Prosecutors should consult the Consents to Prosecute legal guidance. Any adjournment should be for the shortest time possible. Offences Triable on Indictment Indictable only offences include: those common law and statutory offences that are indictable only by definition; and some either way offences triable only on indictment by virtue of the circumstances in which they are committed.
The second category includes: Trafficking a class A drug where the accused has two previous convictions for such an offence s. Related Offences When an indictable only offence is sent to the Crown Court, any summary only offence, punishable with imprisonment or involving obligatory or discretionary disqualification from driving s.
Related offenders Adults When the court sends an adult A for trial for an indictable only offence, and another adult B is: charged jointly with A with an either-way offence related to the indictable only offence the court has the power to send B for trial for the related either way offence section 51 5 CDA Children and Young Persons When the court sends an adult A for trial the court has the power section 51 7 CDA to send a child or young person Y for trial, whether Y appears before the court on the same or a subsequent occasion.
The court must do so if: Y is charged jointly with A with an indictable offence; and the court considers it 'necessary in the interests of justice' The court also has the power s. A youth sent to the Crown Court may be remitted to the Youth Court for trial if there is no longer an indictable offence on the indictment, unless: the either way offence remaining is a grave crime s. If a youth is sent for trial for a specified offence, then an adult charged jointly with the youth on the either way offence: must be sent to the Crown Court for trial, if the adult and the youth appear on the same occasion; and may also be sent if the adult appears on a subsequent occasion s.
Transfer Notice Some charges of serious or complex fraud can be transferred to the Crown Court by the giving of a notice under s. This power to give a notice is only applicable where, in that prosecutor's opinion, the evidence of the offence charged is sufficient for the person charged to be put on trial for the offence; and either reveals a case of fraud of such seriousness or complexity that it is appropriate that the management of the case should without delay be taken over by the Crown Court - s.
The power to give a notice in cases where a child witness is to be called applies only to an offence: which involves an assault on, or injury or a threat of injury to, a person; under section 1 of the Children and Young Persons Act cruelty to persons under 16 ; under the Sexual Offences Act , the Protection of Children Act or the Sexual Offences Act ; of kidnapping or false imprisonment, or an offence under section 1 or 2 of the Child Abduction Act ; which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of the above offences.
The usual sentencing options do not apply, and the only options are those set out in s. The explicit wording can be found in s. However, their imposition appears to have become common practice and it is very unlikely any appeals will follow.
Technically however, the power to absolutely discharge under s. It is therefore unlikely to be appropriate to make submissions urging this order. Given that individuals with mental health difficulties are far more likely to find themselves involved in the Criminal Justice System than those without, being alive to possible issues early after instruction is crucial. Where there is sufficient concern, prior authority from the Legal Aid Agency for reports can significantly mitigate against the common refusal of the Magistrates to grant adjournments, and ensure that mentally unwell defendants are not subjected to inappropriate penalties.
Mike Blitz is well regarded for his thorough knowledge of criminal law and procedure, and is happy to assist with any enquiries arising out of this article. Search for:. Civil: civil qsc. Call: Fitness to plead in the Magistrates' Court. Fitness to plead in the Crown Court… for context The procedure for fitness to plead in the Crown Court is well established and neatly codified in the somewhat antiquatedly titled Criminal Procedure Insanity Act
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