Part V: Further Practice Directions Applying in The Magistrates' Courts

(V.51.2) Section 19 of the Magistrates' Courts Act 1980 requires magistrates to have regard to the following matters in deciding whether an offence is more suitable for summary trial or trial on indictment:

(V.51.3) Certain general observations can be made:

(V.51.4) Where reference is made in these guidelines to property or damage of ‘high value’ it means a figure equal to at least twice the amount of the limit (currently £5,000) imposed by statute on a magistrates' court when making a compensation order.

(V.51.5) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g).

Note: Attention is drawn to paragraph 28(c) of Schedule 1 to the Magistrates' Courts Act 1980 by which offences of burglary in a dwelling cannot be tried summarily if any person in the dwelling was subjected to violence or the threat of violence.

(V.51.6) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g).

(V.51.7) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.4(g).

(V.51.8) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g).

(V.51.9) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g).

(V.51.10) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g).

Note: the same considerations apply to cases of domestic violence.

(V.51.11) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g).

(V.51.12) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g):

(V.51.13) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g).

(V.51.14) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g).

Note: Unlawful sexual intercourse with a girl under 13 is triable only on indictment.

(V.51.15) Class A:

(V.51.16) Class B:

(V.51.17) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g).

(V.51.18) Cases should be tried summarily unless the court considers that one or more of the following features is present in the case and that its sentencing powers are insufficient. Magistrates should take account of their powers under sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000 to commit for sentence; see paragraph V.51.3(g).

Note: Offences set out in Schedule 2 to the Magistrates' Courts Act 1980 (which includes offences of criminal damage which do not amount to arson) must be tried summarily if the value of the property damaged or destroyed is £5,000 or less.

(V.53.3) Applications should be made to the court to which the defendant will be or would have been committed for trial. In the event of an application in a purely summary case, it should be made to the Crown Court centre which normally receives class 4 work. The hearing will be listed as a chambers matter unless a judge has directed otherwise.

(V.54.1) Section 12 of the Contempt of Court Act 1981 gives magistrates' courts the power to detain until the court rises, someone, whether a defendant or another person present in court, who wilfully insults anyone specified in section 12 or who interrupts proceedings. In any such case, the court may order any officer of the court, or any constable, to take the offender into custody and detain him until the rising of the court; and the court may, if it thinks fit, commit the offender to custody for a specified period not exceeding one month or impose a fine not exceeding level 4 on the standard scale or both. This power can be used to stop disruption of their proceedings. Detention is until the person can be conveniently dealt with without disruption of the proceedings. Prior to the court using the power the offender should be warned to desist or face the prospect of being detained.

(V.54.2) Magistrates' courts also have the power to commit to custody any person attending or brought before a magistrates' court who refuses without just cause to be sworn or to give evidence under section 97(4) of the Magistrates' Courts Act 1980, until the expiration of such period not exceeding one month as may be specified in the warrant or until he sooner gives evidence or produces the document or thing, or impose on him a fine not exceeding £2,500, or both.

(V.54.3) In the exercise of any of these powers, as soon as is practical, and in any event prior to an offender being proceeded against, an offender should be told of the conduct which it is alleged to constitute his offending in clear terms. When making an order under section 12 the justices should state their findings of fact as to the contempt.

(V.54.4) Exceptional situations require exceptional treatment. While this direction deals with the generality of situations, there will be a minority of situations where the application of the direction will not be consistent with achieving justice in the special circumstances of the particular case. Where this is the situation, the compliance with the direction should be modified so far as is necessary so as to accord with the interests of justice.

(V.54.5) The power to bind persons over to be of good behaviour in respect of their conduct in court should cease to be exercised.

(V.54.6) In the case of someone who wilfully insults anyone specified in section 12 or interrupts proceedings, if an offender expresses a willingness to apologise for his misconduct, he should be brought back before the court at the earliest convenient moment in order to make the apology and to give undertakings to the court to refrain from further misbehaviour.

(V.54.7) In the majority of cases, an apology and a promise as to future conduct should be sufficient for justices to order an offender's release. However, there are likely to be certain cases where the nature and seriousness of the misconduct requires the justices to consider using their powers under section 12(2) of the Contempt of Court 1981 Act either to fine or to order the offender's committal to custody.

(V.54.8) Anyone detained under either of these provisions in paragraphs V.54.1 or V.54.2 should be seen by the duty solicitor or another legal representative and be represented in proceedings if they so wish. Public funding should generally be granted to cover representation. The offender must be afforded adequate time and facilities in order to prepare his case. The matter should be resolved the same day if at all possible.

(V.54.9) The offender should be brought back before the court before the justices conclude their daily business. The justices should ensure that he understands the nature of the proceedings, including his opportunity to apologise or give evidence and the alternative of them exercising their powers.

(V.54.10) Having heard from the offender's solicitor, the justices should decide whether to take further action.

(V.54.11) If an offence of contempt is admitted the justices should consider whether they are able to proceed on the day or whether to adjourn to allow further reflection. The matter should be dealt with on the same day if at all possible. If the justices are of the view to adjourn they should generally grant the offender bail unless one or more of the exceptions to the right to bail in the Bail Act 1976 are made out.

(V.54.12) When they come to sentence the offender where the offence has been admitted, the justices should first ask the offender if he has any objection to them dealing with the matter. If there is any objection to the justices dealing with the matter a differently constituted panel should hear the proceedings. If the offender's conduct was directed to the justices, it will not be appropriate for the same bench to deal with the matter.

(V.54.13) The justices should consider whether an order for the offender's discharge is appropriate, taking into account any time spent on remand, whether the offence was admitted and the seriousness of the contempt. Any period of committal should be for the shortest time commensurate with the interests of preserving good order in the administration of justice.

(V.54.14) Where the contempt is not admitted the justices' powers are limited to making arrangements for a trial to take place. They should not at this stage make findings against the offender.

(V.54.15) In the case of a contested contempt the trial should take place at the earliest opportunity and should be before a bench of justices other than those before whom the alleged contempt took place. If a trial of the issue can take place on the day such arrangements should be made taking into account the offender's rights under Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950; TS 71 (1953); Cmd 8969). If the trial cannot take place that day the justices should again bail the offender unless there are grounds under the Bail Act 1976 to remand him in custody.

(V.54.16) The offender is entitled to call and examine witnesses where evidence is relevant. If the offender is found by the court to have committed contempt the court should again consider first whether an order for his discharge from custody is sufficient to bring proceedings to an end. The justices should also allow the offender a further opportunity to apologise for his contempt or to make representations. If the justices are of the view that they must exercise their powers to commit to custody under section12(2) of the 1981 Act, they must take into account any time spent on remand and the nature and seriousness of the contempt. Any period of committal should be for the shortest period of time commensurate with the interests of preserving good order in the administration of justice.

(V.56.2) The case progression form to be used is set out in annex E with guidance notes. The form, read with the notes, constitutes a case progression timetable for the effective preparation of a case.

(V.56.3) The case progression forms set out in annex E with guidance notes are to be used in connection with cases that are sent to the Crown Court for trial under section 51 of the Crime and Disorder Act 1998 and cases that are committed to the Crown Court for trial under section 6 of the Magistrates’ Courts Act 1980. In a case transferred to the Crown Court for trial under section 4(1) of the Criminal Justice Act 1987 or under section 53(1) of the Criminal Justice Act 1991 the directions contained in the case progression form used for committal for trial apply as if the case had been committed on the date of the notice of transfer.

(V.56.4) A preliminary hearing (‘PH’) is not required in every case sent for trial under section 51 of the Crime and Disorder Act 1998: see rule 12.2 (which altered the Crown Court rule from which it derived). A PH should be ordered only where such a hearing is considered necessary. The PH should be held about 14 days after sending.

(V.56.5) Whether or not a magistrates’ court orders a PH, a plea and case management hearing (‘PCMH’) should be ordered in every case sent or committed to the Crown Court for trial. The PCMH should be held within about 7 weeks after committal for trial, within about 14 weeks after sending for trial where a defendant is in custody and within about 17 weeks after sending for trial where a defendant is on bail.

(V.56.6) The case progression forms to be used in magistrates’ courts contain directions some of which are determined by Criminal Procedure Rules or by other legislation and some of which are discretionary, as explained in the guidance notes. All those directions apply in every case unless the court otherwise orders.