information. If the defendant is held in custody he/she mustappear before the magistrates’ court as soon as practicable and in any event at the first sitting after being charged (thereafter hecan be remanded for up to four weeks at a time before attending court again). A defendant may be released on bail. Thegranting of bail is governed by the Bail Act 1976 and the Bail (Amendment) Act 1993. Court Procedure - Summary Offences. The defendant is asked if he pleads guilty or not guilty. If he pleads guilty the case proceeds to sentence. If hepleads not guilty the case is adjourned - in some courts directly to a trial date, in others firstly to a pre-trialreview and then to the trial date.The procedure to be followed at a summary trial is set out in rule 13 Magistrates’ Courts Rules 1981 i.e. prosecutor addressescourt, prosecution evidence is heard then defence evidence and then accused may address the court. The defendant is notobliged to disclose his defence before trial but can voluntarily produce a defence statement. Court Procedure - Either Way Offences. The defendant is asked whether he would plead guilty or not guilty if the offence were to proceed to trial. If heindicates a guilty plea the court will proceed to sentence or commit to the Crown Court for sentence. If thedefendant indicates he would plead not guilty or fails to indicate what his plea would be the court proceeds todetermine mode of trial.The prosecution and defence make representations as to which appears more suitable, summary trial or trialon indictment. The court decide which mode of trial appears more suitable, and if summary trial appears moresuitable the defendant is asked if he consents to summary trial or wishes to be tried by jury. If he consents tosummary trial the court proceeds as at 2 above, if he does not consent the court proceeds as examiningjustices and the case is adjourned for committal. Similarly, if the court decides trial on i...
