Criminal
Offences Against the Person Act with plea negotiation since 2017
Substantive criminal law is largely statutory, led by the Offences Against the Person Act, and procedure runs through the Judicature (Parish Courts) Act for summary matters and the Criminal Justice (Administration) Act for indictable trials. The Criminal Justice (Plea Negotiations and Agreements) Act 2017 put plea agreements on a statutory footing, requiring the court to review any agreed sentence rather than simply endorse it. Prosecutions are conducted by the Office of the Director of Public Prosecutions.
Key rules
- Jurisdiction — Parish Courts for summary offences; Supreme Court Circuit for indictable trials
- Deadline — First appearance: an arrested person is brought before a court as soon as is reasonably practicable
- Deadline — Bail: reviewable at each hearing, and a refusal may be appealed
Governing law
- Offences Against the Person Act
- Criminal Justice (Plea Negotiations and Agreements) Act 2017
- Judicature (Parish Courts) Act
- Bail Act 2000
In practice
Most cases begin in a Parish Court, which handles summary matters and committal, with serious indictable offences tried in the Circuit divisions of the Supreme Court, historically before a judge and jury. The 2017 plea statute matters because it made the discount for a plea transparent and reviewable, which changed how early resolution is negotiated in practice.