NCJ Number
29919
Date Published
1971
Length
20 pages
Annotation
RULES ON THE FILING OF INFORMATIONS AND SUMMARY TRIALS FOR MORE THAN ONE OFFENSE IN ENGLISH MAGISTRATES' COURTS.
Abstract
TWO BASIC RULES RELEVANT TO CRIMINAL TRIALS IN MAGISTRATES' COURTS ARE DISCUSSED. THE FIRST IS THE RULE THAT EACH ALLEGATION SHOULD BE FOR ONE OFFENSE ONLY. THE SECOND IS THE RULE THAT OFFENSES WHICH ARE RELATED CAN BE TRIED TOGETHER, IF THE ACCUSED CONSENTS. IT IS SUBMITTED THAT IN THE INTERESTS OF THE ADMINISTRATION OF JUSTICE AND WITHOUT UNNECESSARY PREJUDICING DEFENDANTS THE TWO RULES DISCUSSED HERE COULD BE AMENDED WITH ADVANTAGE. FIRST, IT SEEMS UNFORTUNATE THAT MAGISTRATES SHOULD HAVE NO JURISDICTION TO AMEND DUPLICAITIOUS INFORMATIONS DISCOVERED IN THE COURSE OF TRIAL. SECONDLY, IT WOULD BE BETTER IF THE DECISION TO TRY SEPARATE INFORMATIONS SIMULTANEOUSLY WAS WITHIN THE DISCRETION OF THE BENCH PROVIDED THE RESPECTIVE OFFENCES WERE RELATED. PERHAPS, THE FORMULA APPLICABLE TO THE TRIAL OF OFFENCES ON INDICTMENT COULD BE ADOPTED AND USED IN SUMMARY TRIALS. (AUTHOR ABSTRACT MODIFIED)