There are two ways a criminal case may be brought against you;

1. By charge at the police station; or
2. By summons served on you telling you when and where you need to attend court and what the accusation against you is.

If you are served a summons, you may also be served a Plea in Absence Form.  This form gives you the opportunity to enter your plea ('guilty' or 'not guilty') before the court without attending the hearing.  If you enter a guilty plea you will be notified of the outcome of your matter.  If you enter a not guilty plea, arrangements will be made to list your case for trial, which you will need to attend.  You will be notified after the first hearing when you need to attend the court.

If you are charged by the police and given a date to attend court or, you are served a summons only you are required to attend court on the date and time detailed on your charge sheet or summons. 

Things you should know for your court hearing:

• The Crown (Prosecution) will serve you papers known as 'Early Disclosure of the Prosecution Case' (EDPC)- you can find out more about this here.
• You are able to represent yourself if you wish - you will be known as a 'litigant in person'.  You may prefer to do this because you think it's better to talk directly to the court yourself or because you cannot afford to pay legal fees.  If you're considering representing yourself because you cannot afford legal costs, check to see you're eligible for legal aid.
• If you do decide to represent yourself, the legal adviser to the Summary Court will outline the process for the hearing before your case is called.  This will include asking if you have received the EDPC for your case and explaining who the people in the court room are and their various roles.  Please note, the legal adviser is not able to provide you with legal advice about your case; they may only provide you with procedural information.

Allocation, Committal & Sending

Part of the first hearing will involve the Summary Court deciding on the appropriate court to deal with your case.  This will be done after you have entered your plea.

Allocation

This is where your case is allocated to a court for trial.  The Justices' of the Peace will hear brief details about your case and submissions on this matter.  In making this decision, the Justices of the Peace will take into account the following:

• Whether or not you are already awaiting a trial on other matters before the Magistrate's Court;
• Where or not there is another person accused of committing the same offence as you who is already awaiting trial before the Magistrate's Court on other matters;
• The value of any damage caused or compensation likely to be sought;
• Whether any complex points of evidence or law are likely to arise in the course of the trial;
• Whether a sentence in excess of that which the Summary Court can impose is likely to imposed if you are found guilty;
• The extent to which a case concerns matters of public interest;
• Any other consideration required by the interests of justice.

Allocation will be either the Summary Court or the Magistrate's Court.

Committal

This is the term used to describe when the Summary Court commit your case for sentencing to the Magistrate's Court.  This may happen after you have entered a guilty plea or, after you have been found guilty after trial. The decision for committal will take into account the following:

• Whether or not you are already awaiting trial on other matters before a court;
• Whether or not you are currently subject of a suspended sentence, supervision order or community order;
• The value of any damage caused or compensation likely to be sought;
• Whether a sentence in excess of that which the Summary Court can impose is likely to be imposed based upon information provided to the court;
• Any other consideration required by the interests of justice.

Sending

Your case will be 'sent' to the Supreme Court if you are charged with an indictment-only offence. An Indictment-only offence is a serious offence (such as murder, rape, arson).   

Preparation for Trial

If you have entered a not guilty plea, the Summary Court will likely deal with directions and listing for trial.  This will include matters such as when the prosecution must serve you with additional disclosure, when you must make your witness requirements known and any other matters relevant to ensure trial readiness.  If you are a litigant in person, the legal adviser will ask you what the issue in the case is.  This means; why do you say you are not guilty of the offence you have been accused of.

Crimes Ordinance 2014

Criminal Procedure & Evidence Ordinance 2014

Criminal Procedure Rules 2020

Sentencing Council

Legal Aid

Citizens' Advice Bureau