Committal Proceedings

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The formal process followed by a magistrates' court when transferring a case to the Crown Court. An offender may be 'committed for trial' (i.e. by jury), or 'committed for sentence'. The latter occurs when either the magistrates have found the accused guilty or the accused has pleaded guilty, but the magistrates themselves are without authority to impose the appropriate sentence. Generally speaking, the accused is 'committed for trial' whenever the offence is (i) 'indictable' (i.e. liable to a jury trial) or (ii) 'triable either way' (i.e. liable to either to a bench or jury trial) and the accused has chosen a jury trial. After committal, the accused will be either remanded on bail or remanded in custody.

See triable either way, remand in custody, bail, mode of trial, Court system of England.

Criminal Law