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Chapter 8
The Court Process

Now that we have examined the structure of the English court system and the officials
who work in the courts, we shall investigate how the courts actually operate. However,
before we embark upon a detailed examination of the different stages of the court
processes both for summary and indictable offenses, we provide a brief outline.


OUTLINE OF THE COURT PROCESS

A defendant can be brought into the English criminal court system in one of
three ways: as a result of being served a summons; after being arrested on an
arrest warrant, or after being arrested without a warrant. A summons will specify
the date on which a defendant is to make an initial appearance in court. A
defendant who has been arrested may be held only a limited amount of time by
the police before being charged. In general this is twenty-four hours, but in the
case of serious arrestable offenses may be up to thirty-six hours without, and
ninety-six hours with, a magistrate's approval (Police and Criminal Evidence
Act of 1984, secs. 41-44). After being charged, a defendant is to be brought
before a magistrate "as soon as practicable" (generally within twenty-four
hours, but possibly only within forty-eight or ninety-six hours depending on
holidays and court sittings: Police and Criminal Evidence Act of 1984, sec. 46).


Summary Offenses

The case may be decided at the initial appearance before the magistrates if it
involves a summary offense and the defendant pleads guilty. If the maximum

-129-

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Publication Information: Book Title: Criminal Justice in England and the United States. Contributors: J. David Hirschel - author, William Wakefield - author. Publisher: Praeger. Place of Publication: Westport, CT. Publication Year: 1995. Page Number: 129.
    
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