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- |