Will Your Case Go To Court?
In some cases, the AG’s may consider it more appropriate to deal with an offence without taking it to court.
This may be better at preventing further offences, and may also enable the incident to be dealt with relatively quickly and in the most appropriate manner. In such cases, the police or AG’s will consider your views.
You will be informed of a decision to give the suspect an alternative to prosecution, which may include a caution or informed warning.
If a decision is taken by the AG’s not to prosecute through the courts, the Police Officer who is handling your case will inform you why this decision was made.
You may feel upset or annoyed that your case is not going to court. If you experience these feelings, you can contact Victim Support Isle of Man for help and advice.
If a decision is made to prosecute, the police may arrest and charge the suspect. The AG’s will review the charge before the first court appearance. The defendant can be held in police custody overnight and brought to the first available court, where the court will then have to consider the issue of bail. Alternatively, they may be released on police bail.
The defendant’s first appearance in court normally takes place at Summary Court, where the Deemster will consider the issue of bail, and will also look at how to proceed with the case. The prosecutor may ask the court to keep someone in custody if they consider there is a risk of them running away, interfering with or threatening witnesses or perverting the course of justice, committing further offences, or if they would be a threat to public order.
A case may also begin by way of a summons. A summons is an order to appear before a Deemster or a Magistrate. If the case begins by way of a summons, this is issued by the courts and is served on the defendant. They will be required to attend court on the date stated on the summons.
In some cases, a decision may be taken not to proceed with the original charge, or to accept a plea to a less serious offence. This may happen if the available evidence has changed, or a significant public interest consideration has arisen. Your Police Officer should also keep you updated on the outcome of the first hearing.