Deciding Upon Mode of Trial

Abstract:

This article presents the findings of an empirical research project into mode of trial decision making. While policy makers have consistently focused upon the role of defendants in electing Crown Court trial, less attention has been paid to the roles of prosecutors and magistrates. However, the evidence suggests that they are responsible for the majority of triable either way cases that reach the Crown Court, and tackling local court cultures may be a more effective way of limiting the use of the Crown Court.