The antecedents of the mode of trial guidelines

Criminal Law Review

Volumn 1996, Issue 7, 1996, Pages 471-476

  White, Stephen ^a  

^a CARDIFF UNIVERSITY   (United Kingdom)

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EID: 3242749197     PISSN: 0011135X     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (30)

1. Practice Note (Offences triable either way: Mode of Trial) [1990] 3 All E.R. 979.
2. N. A. McKittrick, "Considerations in Determining Mode of Trial" (1987) 151 J.P.N. 468 and Notes of the Week, "Consistency of Approach in the Mode of Trial Decision" (1989) 153 J.P.N. 314.
3. N. A. McKittrick, "Considerations in Determining Mode of Trial" (1987) 151 J.P.N. 468 and Notes of the Week, "Consistency of Approach in the Mode of Trial Decision" (1989) 153 J.P.N. 314.
4. The Council's involvement in developing the Guidelines is reported in the annual summaries of its activities for 1992-1993, 5, and 1993-1994, 7, and in its Consultative Paper of 1993 "Mode of Trial Decisions and Sentencing".
5. Practice Direction (Crown Court: Plea and Directions Hearings) [1995] 4 All E.R. 379.
6. Notes of the Week, "Are TICs Relevant to the Mode of Trial?" (1995) 159 J.P.N. 681. Despite the note's title its author takes issue not with the statement about offences taken into consideration but with that about specimen charges. For an exchange of views about whether offences taken into consideration may be considered in determining mode of trial see "Mode of Trial and TICs" (1981) 145 J.P.N. 647 and 735, Peter Worboys, "The Mode of Trial Decision in a Magistrates Court" (1982) 146 J.P.N. 69 and the letters by J. Basil Horsman and Peter Worboys (1982) 146 J.P.N. 224 and 360.
7. Notes of the Week, "Are TICs Relevant to the Mode of Trial?" (1995) 159 J.P.N. 681. Despite the note's title its author takes issue not with the statement about offences taken into consideration but with that about specimen charges. For an exchange of views about whether offences taken into consideration may be considered in determining mode of trial see "Mode of Trial and TICs" (1981) 145 J.P.N. 647 and 735, Peter Worboys, "The Mode of Trial Decision in a Magistrates Court" (1982) 146 J.P.N. 69 and the letters by J. Basil Horsman and Peter Worboys (1982) 146 J.P.N. 224 and 360.
8. Notes of the Week, "Are TICs Relevant to the Mode of Trial?" (1995) 159 J.P.N. 681. Despite the note's title its author takes issue not with the statement about offences taken into consideration but with that about specimen charges. For an exchange of views about whether offences taken into consideration may be considered in determining mode of trial see "Mode of Trial and TICs" (1981) 145 J.P.N. 647 and 735, Peter Worboys, "The Mode of Trial Decision in a Magistrates Court" (1982) 146 J.P.N. 69 and the letters by J. Basil Horsman and Peter Worboys (1982) 146 J.P.N. 224 and 360.
9. Andrew Ashworth, Sentencing and Criminal Justice (1995), pp.48 and 54.
10. Anthony Edwards, "Criminal Law Update" (1995) 92(19) Law Society's Gazette 32.
11. Notes of the Week, "The Mode of Trial Guidelines" (1995) 159(2) J.P.N. 326 and 681, and Notes of the Week, "Are TICs Relevant to the Mode of Trial?" (1995) 159 J.P.N. 681.
12. Notes of the Week, "The Mode of Trial Guidelines" (1995) 159(2) J.P.N. 326 and 681, and Notes of the Week, "Are TICs Relevant to the Mode of Trial?" (1995) 159 J.P.N. 681.
13. R. v. Doncaster Magistrates Court, ex p. Goulding [1993] 1 All E.R. 435. See also R. v. South Hackney Juvenile Court, ex p. BB and CB (1983) 77 Cr.App.R. 294.
14. Criminal Justice Consultative Council, Mode of Trial Decisions and Sentencing (1993), p.8.
15. David Riley and Julie Vennard, Triable-Either-Way: Crown Court or Magistrates' Court?, Home Office Research Study No. 98, 1988, and Carol Hedderman and David Moxon, Magistrates' Court or Crown Court? Mode of Trial Decisions and Sentencing, Home Office Research Study No. 125, 1992.
16. David Riley and Julie Vennard, Triable-Either-Way: Crown Court or Magistrates' Court?, Home Office Research Study No. 98, 1988, and Carol Hedderman and David Moxon, Magistrates' Court or Crown Court? Mode of Trial Decisions and Sentencing, Home Office Research Study No. 125, 1992.
17. Although Anthony Edwards had become a member of Criminal Justice Consultative Council in the month the revised version of the Guidelines was issued, he informs me that by that time all the work on it had been done and that his view was not affected by any inside information about its meaning.
18. Criminal Justice Consultative Council, Mode of Trial Decisions and Sentencing (1993) and Andrew Ashworth, The Criminal Process: An Evaluative Study (1994), pp.228-256.
19. Criminal Justice Consultative Council, Mode of Trial Decisions and Sentencing (1993) and Andrew Ashworth, The Criminal Process: An Evaluative Study (1994), pp.228-256.
20. Royal Commission on Criminal Justice, Cm. 2263 (1993), p.88.
21. R. v. Sheffield Crown Court and Sheffield Stipendiary Magistrate, ex p. DPP (1994) 15 Cr.App.R.(S) 768; R. v. Dover Magistrates' Court, exp. Pamment (1994) 15 Cr.App.R.(S.) 778; R. v. Manchester Magistrates' Court, exp. Kaymanesh (1994) 15 Cr.App.R.(S.) 838.
22. R. v. North Sefton Magistrates' Court, ex p. Marsh (1995) 159 J.P. 9; R. v. Flax Bourton Magistrates' Court, ex p. Commissioners of Customs and Excise, The Times, February 6, 1996, 41g.
23. R. v. Dover Magistrates' Court, ex p. Pamment (1994) 15 Cr.App.R.(S.) 778 is particularly striking since the second bench's committal for sentence was upheld even though the information they had received during the course of the trial pointed to the offence being less serious than the first bench had considered it.
24. Perplexingly, s.3(3) of the 1991 Act, which makes it clear that a court, in assessing the seriousness of an offence, is not to take account of antecedents, was not amended.
25. R. v. Flax Bourton Magistrates' Court, ex p. Commissioners of Customs and Excise, The Times, February 6, 1996, 41g.
26. D. A. Thomas, "Criminal Justice Act 1991 (1) Custodial Sentences" [1992] Crim.L.R. 232; Andrew Ashworth and Bryan Gibson, "The Criminal Justice Act 1993: (2) Altering the Sentencing Framework" [1994] Crim.L.R. 101; Martin Wasik and Andrew von Hirsch, "Section 29 Revised: Previous Convictions in Sentencing" [1994] Crim.L.R. 409; and Andrew Ashworth, Sentencing and Criminal Justice (2nd ed., 1995), pp.152-162.
27. D. A. Thomas, "Criminal Justice Act 1991 (1) Custodial Sentences" [1992] Crim.L.R. 232; Andrew Ashworth and Bryan Gibson, "The Criminal Justice Act 1993: (2) Altering the Sentencing Framework" [1994] Crim.L.R. 101; Martin Wasik and Andrew von Hirsch, "Section 29 Revised: Previous Convictions in Sentencing" [1994] Crim.L.R. 409; and Andrew Ashworth, Sentencing and Criminal Justice (2nd ed., 1995), pp.152-162.
28. D. A. Thomas, "Criminal Justice Act 1991 (1) Custodial Sentences" [1992] Crim.L.R. 232; Andrew Ashworth and Bryan Gibson, "The Criminal Justice Act 1993: (2) Altering the Sentencing Framework" [1994] Crim.L.R. 101; Martin Wasik and Andrew von Hirsch, "Section 29 Revised: Previous Convictions in Sentencing" [1994] Crim.L.R. 409; and Andrew Ashworth, Sentencing and Criminal Justice (2nd ed., 1995), pp.152-162.
29. D. A. Thomas, "Criminal Justice Act 1991 (1) Custodial Sentences" [1992] Crim.L.R. 232; Andrew Ashworth and Bryan Gibson, "The Criminal Justice Act 1993: (2) Altering the Sentencing Framework" [1994] Crim.L.R. 101; Martin Wasik and Andrew von Hirsch, "Section 29 Revised: Previous Convictions in Sentencing" [1994] Crim.L.R. 409; and Andrew Ashworth, Sentencing and Criminal Justice (2nd ed., 1995), pp.152-162.
30. Although Practice Directions and Notes as presently published can give little idea of the presentational devices used in the little red booklet. For example, on almost every page of the booklet a formula is repeated which drives home the message (although not in these words) "try the case summarily if you possibly can".