Adjournment in court

[SHELLP]

My ex partner was in magistrates court yesterday for committal to crown. The court liasion officer rang me and said it had been adjourned until 15.8.08 (2 weeks). He didnt say why this was as this was supposed to be a straight forward hearing any ideas why it could be. I dont think he has even entered a plea yet.

[New Judge]

A committal to Crown Court (for an offence which could be heard in either venue) is not as straightforward as it sounds.

Before committal the prosecution has to satisfy the magistrates that their �committal papers� are ready and have been served on the defence. If this is not so, the prosecution will ask for an adjournment. The magistrates can deny this adjournment (in which case the matter would be dismissed and would have to begin again from scratch).

It seems in your ex-partner�s case the magistrates have allowed an adjournment.

[SHELLP]

Thanks New Judge

I was led to believe from court liasion officer that at the 1st hearing in magistrates they would not take a plea off him and that they had sent it to crown. Is it normal for CPS not to be ready for a hearing like this?

[SHELLP]

Sorry about this New Judge could it still be heard in magistrates then?

[New Judge]

If the offence is �either way� (that is it can be heard either at the Magistrates� Court or at the Crown Court), a decision is taken where it should be held.

Usually, the defendant is asked to firstly indicate his plea. If he pleads guilty he stands convicted and the magistrates then have to decide whether their powers of punishment (six month�s custody) are sufficient. If they consider they are not, the defendant is sent to the Crown Court for sentence (note, this is not the same as being committed for trial).

If a not guilty plea is entered, or the defendant withholds his plea the magistrates hear an outline of the offence. If they decide it is too serious for them to deal with they commit the matter to the Crown Court. (This is where �committal papers� have to be prepared as I explained earlier). If they decide to retain jurisdiction the defendant has the final right to a trial by judge and jury. If he opts for Crown Court, then, again, committal papers have to be prepared.

I suspect your ex is involved at this �Not Guilty� or �no plea� part of the process. It seems likley that magistrates have declined jurisiction and an adjournment has been allowed to prepare for committal. I do not understand why the magistrates have refused to accept a plea. Defendants are encouraged to enter their plea at the earliest opportunity.

Note that all of the above applies only to �either way� offences. If the matter is indictable only (that is, it can only be heard at the Crown Court) then the defendant is �sent� to the Crown Court usually on his first appearance before the magistrates. In this case no committal papers are needed.

What was the charge?

[SHELLP]

Thanks again New Judge the charge is ABH he headbutted me ripped my ear open I had several other minor injuries and he held me at knifepoint saying I was going to die. There is another witness as he made me phone friend to say goodbye I shouted at her to phone police because he had knife she heard him saying was going to kill me

[SHELLP]

Sorry forgot to say liason officer said it had gone to crown because of the knife

[New Judge]

Yes, ABH is "either way".

Almost certainly from your description this matter would be deemed too serious by the magistrates and your ex is now awaiting committal.

[SHELLP]

Sorry to be a nuisence, so do you think he has pleaded not guilty and chose to go to Crown or the magistrates are sending it to crown court does it make any difference who asks for it to go to crown court. I have tried asking my liason officer but he is not much help

Thanks for all your help I just want it all over and heve been told it will probably be December before I have to go to court.. They said he will be in crown about 2 weeks after magistrates but I wont have to attend do you know what this will be for.

[New Judge]

It certainly seems as if he has pleaded not guilty, simply by the length of time you have been told it will take to come to a conclusion. (If he had been sent there by the magistrates simply for sentencing following a guilty plea, it would normally be dealt with in a few weeks maximum).

Whether it was sent by the magistrates to the Crown Court, or your ex asked for a trial by jury, it should not make any difference to the trial or sentence.

The early hearing you mention is probably a �plea and directions� hearing. This is an administrative hearing where the judge and the two barristers discuss the administration of the case, such as what the issues in dispute are, how many witnesses will be called and how long it is likely to last.

[SHELLP]

Cheers New Judge

Just wish it was all over while this is hanging over me I cant move on.

Does he have a chance of getting not guilty even though the police have photos of all the injuries and a witness? Think it might just be the knife point he is saying didnt happen thats what he told the police. How can he deny the assult when they have pics.

Cant bear going through all this if he walks away free.

[New Judge]

Unfortunately the pictures of the injuries do not prove who inflicted them. The prosecution has to prove that the injuries were sustained by an assault and that the defendant was the person who inflicted them. So whilst these photographs will certainly assist in showing the severity of the attack, they will not help in proving who carried the attack out.

There are many things which can swing a trial in either direction. The prosecution obviously feel they have enough evidence to gain a conviction, but ultimately it will up to the jury to decide who they believe..

[SHELLP]

The injury to my forhead was nasty when the police arrived it was very red and swollen the police officer said he could see it was still swelling whilst he was there so unless I inflicted these injuries on myself no one else could have done it. The bruising was coming out while the police were there.

CPS charged him within a very short time of him being interviewed probably an hour does indicate they have strong case?

[New Judge]

It sure does. But nonetheless do not count on a conviction, as lots can happen to thwart this.

Easy for me to say, but try to put this matter out of your mind until the trial. Victim Support may be able to help you, but even if you do not need their help in the period up to the trial, make sure you take advantage of the services of the Witness Support Service when you finally go to court.

They will support you on the day and explain the trial process, what is expected of you when giving your evidence, and generally give you a shoulder to lean on.

[SHELLP]

Hi

Thanks once again for your help. Is there a high rate of not guiltys? What could lead to this my worst nightmare is going through the trial and him getting not guilty. He would be out for revenge for me going as a witness.