PLACE OF TRIALThe Criminal Procedure and Investigations Bill will, when enacted, make significant changes to how mode of trial is decided for either-way offences.

A plea will be required before the defendant is invited to consent to summary trial.

If the court has insufficient sentencing powers it will deal with the matter by way of a committal for sentence.In the meantime there has been a spate of litigation on existing law.

The national mode of trial guidelines were placed in their statutory context by the court in R v Flax Bourton Magistrates' Court, ex p.

Commissioners of Customs & Excise [1996] The Times, 6 February.

S.19(3) of the Magistrates' Court Act 1980 (MCA) requires justices to consider whether or not their powers of punishment would be adequate if they dealt with the case summarily.

The 'aggravating factors' listed for certain offences in the guidelines will now have to be interpreted in that context.

If there is no aggravating factor it will be a strong indicator that the court would have sufficient sentencing powers.

The offence in issue in Flax Bourton was not one listed in the guidelines.The position of a youth court was considered in R v Inner London Youth Court, ex p.

DPP [1996] The Times, 4 April.

Magistrates will only consider declining jurisdiction where a Crown Court might use its long term powers of detention under s.53 of the Children & Young Persons Act 1933, ie for offences carrying 14 years or more in the case of an adult.

The court held that justices should ask whether a Crown Court could sentence the defendant to a period of detention greater than two years; if so, they should commit for trial.

Whilst courts should generally take into account the age of witnesses and the desirability of bringing a case in a youth court atmosphere, these matters should not weigh against the clear words of s.24(1) of the MCA.Having accepted jurisdiction, other cases have examined the circumstances when a court might revert to committal proceedings.

The relevant provisions are contained in s.25 (2) of the MCA.

If the court has begun to try the case, reconsideration is only possible once.

In R v Horseferry Road Magistrates' Court, ex p.

K [1996] The Times, 22 February, the court indicated that the mere entry of a not guilty plea was not sufficient to begin the trial.

It was not necessary for the giving of evidence to have begun.

Where the court had heard submissions on a preliminary ruling of law which had a direct bearing on the process of determining the guilt or innocence of the accused, their power to redetermine place of trial existed.

However, its power cannot be used to overcome any practical consequences that flow from the decision of the House of Lords in P v Brentwood Justices, ex p.

Nicholls [1992] AC 1.

Each defendant is entitled to an independent election as to place of trial.

The fact that one defendant had elected Crown Court trial does not entitle a magistrates' court to re-open the issue for other defendants.