A charged with ABH of X and B charged with ABH of X. Assuming the ABH is found suitable for summary trial, A can still refuse consent and be committed for trial in the Crown Court while B can remain in the Mags.

 

What's the position (for adults) if the charge states that A and B jointly did ABH to X? If A elects for Crown Court trial, must B follow or can B remain in the Mags?

Regards

B would follow to the Crown Court. otherwise there would be 2 different trials in 2 different courts.

My impression is that each defendant has a seperate right of election despite the danger that there might be seperate trials.

Grant, R (on the application of) v Bradford Magistrates' Court [1998 EWHC Admin 1087 (25th November, 1998) The applicant challenged a decision of the Bradford Justices that following the start of a summary trial, they purported to exercise their powers under section 25 of the Magistrates' Courts Act 1980 to revert to the role of examining justices and thereafter they committed the applicant for trial at the Crown Court. The applicant, advanced the following propositions.

First, that where there are a number of co-accused jointly charged, each has an absolute right to elect mode of trial, that right being unaffected by any election made by the co-accused. That proposition rests on the speech of Lord Keith of Kinkel in R v. Brentwood Justices, ex parte Nicholls [1992] 1 AC 1 and in particular at page 7F.

Secondly, the applicant submitted that principle applies where a co-accused has made his election as to mode of trial on an earlier occasion and it is unnecessary for all co-accused to be before the court at one time. For that proposition, he relies on R. v. West Norfolk Justices, ex parte McMullen [1993] COD 25.

Thirdly, he submited that, particularly in the light of ex parte McMullen , following the speech of Lord Keith in ex parte Nicholls , section 25 of the 1980 Act is not to be used as a device to circumvent the individual accused's right of election.

Held: Those propositions are unanswerable.

Thanks all - very helpful!