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untied kingdom

ndictment is moresuitable the court proceeds as examining justices. Court Procedure - Indictable only offences At first appearance these case are adjourned for committal papers to be prepared. Reporting Restrictions Under section 39 of the Children and Young Person’s Act 1933, any court may direct that no newspaper report of theproceedings may reveal the name, address, or school, or include any particulars calculated to lead to the identification of anychild or young person concerned in the proceedings (this includes photographs). Anonymity Anonymity is afforded to victims in certain specified sexual offences. Committal Proceedings. The defence and court are served with the committal papers. If the defence are content that the papers disclosea prima facie case, the case is committed to the Crown Court without consideration of the evidence. However,if the defence want to submit that a prima facie case is not disclosed, the court considers the evidence anddecides whether to commit the defendant or discharge him. Transfer Proceedings. Indictable offences involving fraud or violence towards children can be transferred to the Crown Court rather than goingthrough the normal committal procedure. If the prosecution is satisfied that there is sufficient evidence, they serve a notice oftransfer on the magistrates’ court whereupon the functions of that court, subject to certain exceptions cease. Where a notice oftransfer has been given, the defendant may at any time before he is arraigned apply to the Crown Court for the charge to bedismissed on the ground that the evidence which has been disclosed would not be sufficient for a jury to properly convict him ofit. Once notice of transfer is served, the magistrates have no jurisdiction except for bail or legal aid. Sending indictable only offences to the Crown Court. Under section 51 Crime and Disorder Act 1998 where a defendant charged with an offence triabl...

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