Brought to trial

Brought to trial generally refers to scheduling a legal case for a hearing,[1] or to bring a defendant to court.[2] However, it has several different, ambiguous meanings and examples used in the law. To bring to trial may refer to bringing a defendant to court when the process is ongoing.

Political, war, and other infamous crimes

Most often, the terms brought to trial, bring to trial, brought to justice and bring to justice refer to the prosecution at trial of alleged war criminals[3] and political prisoners,[4][5] as well as those accused of treason or misprision of treason, sexual assault, and other infamous crimes.[6][7]

Speedy trial

In some cases, the context of the term actually indicates a speedy trial issue, as guaranteed by the Sixth Amendment to the United States Constitution.[8][9][10][11]

A number of related terms and meanings exist:

  • "Arraign, litigate, lodge, bring a complaint, bring to view evidence, exhibit, manifest and bring together, [and] accumulate."[12]
  • "Lawsuit, suit, suit in law, suit at law, litigation, prosecution, bring a case before the court or bar, [and] bring to justice."[13]
  • To "call to the bar, ... take silk, take to the law, bring to the bar, put on trial, pull up, accuse, ... file a claim, [and] inform against."[14]
  • When the parties in a mediation or settlement conference can not come to an alternate dispute resolution, the action is brought to trial.

In the United Kingdom

Schedule 1[15] of the Interpretation Act 1978 defines:

“Committed for trial” means—

(a) in relation to England and Wales, committed in custody or on bail by a magistrates’ court pursuant to section 6 of the Magistrates’ Courts Act 1980, or by any judge or other authority having power to do so, with a view to trial before a judge and jury; [1889]

(b) in relation to Northern Ireland, committed in custody or on bail by a magistrates’ court pursuant to Article 37 of the Magistrates’ Courts (Northern Ireland) Order 1981, or by a court, judge, resident magistrate or other authority having power to do so, with a view to trial on indictment. [1st January 1979]

“Sent for trial” means, in relation to England and Wales, sent by a magistrates' court to the Crown Court for trial pursuant to section 51 or 51A of the Crime and Disorder Act 1998.

References
  1. Kingdon, Arthur P. (1939). "The Trial Justice System of Virginia". Journal of the American Judicial Society. 23: 216.
  2. Franklin, Carl J. (1999). Constitutional law for the criminal justice professional. Boca Raton, Fla.: CRC Press. p. 216. ISBN 9781439821848.
  3. B'TSelem Press Release about bringing to trial those Palestinians responsible for alleged war crimes Archived December 26, 2007, at the Wayback Machine
  4. Amnesty International Press Release about Haitian political prisoners Archived December 1, 2006, at the Wayback Machine
  5. "Viet Nam: Another elderly dissident to be brought to trial - Amnesty …". 22 April 2008. Archived from the original on 22 April 2008.
  6. Court TV article mentioning "Brought to trial" in context Archived August 24, 2007, at the Wayback Machine
  7. "Draft Dodgers Brought to Trial"
  8. 2007 California Rules of Court, Rule 8.913, found at California Rules of Court
  9. Nebraska statutes, found at Findlaw.com
  10. Idaho statutes section 19-3501, found at Idaho state web site
  11. New York Criminal Procedure Law (CPL) section 30.30, found at NY State web site
  12. Burton, W. C. Burton's Legal Thesaurus, p. 597.
  13. Chapman, R.L. & Chapman, P.M. (1989). Roget's International Thesaurus, p. 767.
  14. Grumley, C.P. (n.d.) Roget's Thesaurus, p. 977.
  15. "Interpretation Act 1978". www.legislation.gov.uk. Expert Participation. Retrieved 2018-09-08.{{cite web}}: CS1 maint: others (link)
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