Either-way Cases (Hansard, 28 January 1999)

§ Mr. Clappison
To ask the Secretary of State for the Home Department what proportion of defendants charged with an either way offence and electing for trial in the Crown Court pleaded guilty or had their case disposed of without a trial in the Crown Court(a) in each of the last 10 years before 1 October 1997 and (b) since 1 October 1997. [67572]

§ Mr. Boateng
The information is not collected centrally.

§ Mr. Clappison
To ask the Secretary of State for the Home Department what assessment he had made of the operation of section 49 of the Criminal Procedure and Investigations Act 1996; and if he will make a statement. [67578]

§ Mr. Boateng
Section 49 of the Criminal Procedure and Investigations Act 1996, which has been in force since October 1997, provides for defendants in either-way cases to be asked to indicate their plea before the magistrates decide whether to accept or decline jurisdiction. The objective was to allow cases which would previously have been committed for trial, and in which a guilty plea was indicated, to be dealt with more quickly, either by the magistrates themselves where the appropriate sentence (after any discount for the guilty plea) was within the court?s powers, or if not through being committed to the Crown Court for sentence.
It is too early to make a final assessment of the effect of this provision. The indications so far are that substantially fewer cases are being committed for trial, but that there has also been a significant increase in the numbers committed for sentence. It is estimated (on the basis of data up to June last year) that committals for trial have fallen by 1,500 defendants a month and committals for sentence have risen by 1,300 defendants a month. Work is in hand to assess whether there is scope for magistrates? courts to dispose of more of the cases which they now commit for sentence.

§ Mr. Clappison
To ask the Secretary of State for the Home Department what proportion of defendants charged with an either way offence elected for trial in the Crown Court(a) in each of the 15 years before 1 October 1997 and (b) since 1 October 1997. [67571]

§ Mr. Boateng
The question cannot be answered from the data collected centrally. However, data from the Attorney-General on the proportion of Crown Prosecution Service either way cases committed for trail to the Crown Court and finalised following the election by the defendant since the year ending September 1988 (earliest year ending September available) are as follows:

Police net revenue expenditure 1989–90 to 1998–99

£000

1989–90 1990–91 1991–92 1992–93 1993–94 1994–95 1995–96 1996–97 1997–98 1998–99¹

Avon and Somerset 95,221 102,351 111,509 124,322 132,421 138,921 147,750 152,087 152,673 167,417

Bedfordshire 32,079 35,599 39,212 44,210 47,958 50,937 55,399 56,627 58,570 62,317

Cambridgeshire 38,444 42,364 47,116 50,027 55,776 57,371 63,089 65,024 68,681 71,230

Cheshire 57,810 62,370 66,960 72,966 79,593 83,254 93,715 94,177 104,005 106,523

City of London 35,285 37,074 40,820 44,246 49,858 51,679 57,541 57,317 57,893 60,862

Cleveland 46,995 51,560 54,802 59,802 63,156 65,412 71,258 73,108 75,426 82,282

Cumbria 35,858 39,961 45,080 49,501 51,698 53,200 55,262 56,856 61,709 63,000

Derbyshire 58,972 61,261 66,048 75,750 78,207 82,924 88,291 90,420 95,641 100,894

356W

Year ending September Percentage

1988 46

1989 43

1990 39

1991 36

1992 37

1993 36

1994 35

1995 33

1996 33

1997 28

1998 28

§ Mr. Clappison
To ask the Secretary of State for the Home Department (1) what proportion of either way cases were dealt with by magistrates courts(a) in each of the 10 years before 1 October 1997 and (b) since 1 October 1997; [67574]
(2) what proportion of either way cases were committed for sentence by the magistrates courts to the Crown Court (a) in each of the 10 years before 1 October 1997 and (b) since 1 October 1997. [67576]

§ Mr. Boateng
The information is given in the table.

Defendants proceeded against at magistrates? court since 1987 for either way offences, England and Wales

Year Percentage committed to the Crown Court for sentence Percentage dealt with at magistrates? courts¹

1987 1 78

1988 1 79

1989 1 79

1990 1 80

1991 2 81

1992 1 83

1993 1 84

1994 1 84

1995 1 85

1996 1 85

1997 January-September 1 84

1997 October-December 3 83

1998² January-June 4 85

¹Excludes defendants committed to the Crown Court for sentence

²Estimated

Police net revenue expenditure 1989–90 to 1998–99
£000
	1989–90	1990–91	1991–92	1992–93	1993–94	1994–95	1995–96	1996–97	1997–98	1998–99¹
Avon and Somerset	95,221	102,351	111,509	124,322	132,421	138,921	147,750	152,087	152,673	167,417
Bedfordshire	32,079	35,599	39,212	44,210	47,958	50,937	55,399	56,627	58,570	62,317
Cambridgeshire	38,444	42,364	47,116	50,027	55,776	57,371	63,089	65,024	68,681	71,230
Cheshire	57,810	62,370	66,960	72,966	79,593	83,254	93,715	94,177	104,005	106,523
City of London	35,285	37,074	40,820	44,246	49,858	51,679	57,541	57,317	57,893	60,862
Cleveland	46,995	51,560	54,802	59,802	63,156	65,412	71,258	73,108	75,426	82,282
Cumbria	35,858	39,961	45,080	49,501	51,698	53,200	55,262	56,856	61,709	63,000
Derbyshire	58,972	61,261	66,048	75,750	78,207	82,924	88,291	90,420	95,641	100,894

Year ending September	Percentage
1988	46
1989	43
1990	39
1991	36
1992	37
1993	36
1994	35
1995	33
1996	33
1997	28
1998	28

Defendants proceeded against at magistrates? court since 1987 for either way offences, England and Wales
Year	Percentage committed to the Crown Court for sentence	Percentage dealt with at magistrates? courts¹
1987	1	78
1988	1	79
1989	1	79
1990	1	80
1991	2	81
1992	1	83
1993	1	84
1994	1	84
1995	1	85
1996	1	85
1997 January-September	1	84
1997 October-December	3	83
1998² January-June	4	85
¹Excludes defendants committed to the Crown Court for sentence
²Estimated