1. Summary Trial Procedure

Question 1

What is pre trial ruling?

Answer 1

• In all cases to be tried summarily when accused entered a not guilty plea
• A pre trial hearing is a hearing that takes place before the court begins to hear evidence from the prosecution at the trial or, in those cases where fitness to plead is an issue, before the court considers whether to exercise its power under the Mental Health Act 1983, s. 37(3), to make a hospital order without convicting the accused

Question 2

Rulings at pre trial hearing

Answer 2

• Magistrates decide on any question as to admissibility of evidence or questions of law relating to the case
• Such rulings can only be made if both parties have had opportunity to be heard + it is in interests of justice
• If accused is unrepresented they must be given the chance to apply for legal aid
• Can be made on application from either party OR on court’s own motion
• Ruling is binding until the case is disposed of (convicted/acquitted/dismissed/dropped)
• Court can discharge or vary a pre trial ruling provided it is in the interests of justice to do so
• Party can only apply for ruling to be discharged or varied if there has been a material change in the circumstances since the ruling was made
• Or for example in cases in which an earlier existing circumstance, where not drawn to the attention of the court at the first hearing
• There is no provision for appeals of pre trial rulings but an error of law in such a ruling could form the basis of an appeal by way of case stated.

Question 3

Procedure when one party is absent

Answer 3

• If prosecutor absent
• if it has received evidence, deal with the case as if the prosecutor were present; and
• in any other case—
  (i)enquire into the reasons for the prosecutor’s absence, and
  (ii)if satisfied there is no good reason, exercise its power to dismiss the allegation.
• Where the defendant is absent the general rule is that the court must proceed as if the defendant were present and had pleaded not guilty (unless a plea already has been taken), but the general rule—
  (a)does not apply if the defendant is under 18;
  (b)is subject to the court being satisfied that—
  (i)any summons or requisition was served on the defendant a reasonable time before the hearing, or
  (ii)in a case in which the hearing has been adjourned, the defendant had reasonable notice of where and when it would resume

Question 4

Power to adjourn

Answer 4

• The court may, but don’t have to set a date and time for resumption of the case, UNLESS the accused is remanded
• Trial can only assume if parties have had adequate notice
• If the accused is not present when adjourned then they will need to be sent an adjournment notice

Question 5

Trial in absence of the accused

Answer 5

• If prosecutor there and accused is not then if over 18
• The court must proceed in accused’s absence unless it is not in interests of justice to do so
• Court must be satisfied summons of written requisition was served on them a reasonable time before the hearing (unless this is second hearing and they were present at the first when next date was set)
• If court determines it is so then a NG plea is entered on behalf of the accused
• If court choose not to proceed then it must give its reasons for doing so

Question 6

Determining whether to proceed to trial in absence of the accused

Answer 6

• Section 11(2A) makes it clear that ‘the court shall not proceed in the absence of the accused if it considers that there is an acceptable reason for his failure to appear’
• Court does not have to inquire into these reasons
• Court must give its reasons if they choose not to proceed in in absence of an accused

Question 7

Warrant for arrest

Answer 7

• where the court, instead of proceeding in the absence of the accused, adjourns the trial, it has the option of issuing an arrest warrant, provided that the offence in question is punishable with imprisonment or disqualification
• For this provision to apply the court must be satisfied that the summons or requisition was served on the accused within a reasonable time before trial UNLESS the current adjournment is the second or subsequent adjournment of trial and the accused was present on the last occasion where the date for the present hearing was set

Question 8

Effect of delay

Answer 8

• Even where proceedings were commenced within time, a magistrates’ court has a discretion to refuse to try a case, and so to acquit the accused without trial, if there has been delay amounting to an abuse of the process of the court
• If delay is deliberate it is likely to amount to an abuse of process
• Where a deliberate delay cannot be shown the defence can apply for the court to exercise their discretion not to proceed if
  (i) there has been inordinate or unconscionable delay due to the prosecution’s inefficiency, and
  (ii) prejudice to the defence from the delay is either proved or to be inferred
• Application unlikely to succeed if the delay is partly the accused’s fault

Question 9

Witness whom the prosecution must call

Answer 9

• Where prosecution witness attend court to give evidence in summary trial, the prosecutor is obliged to call that witness if the defence so requests, or at least tender them for cross-examination

Question 10

Written evidence at summary trial

Answer 10

• A party wishing to tender a written statement as evidence at a summary trial rather than calling the maker of the statement may make use of the provisions of the CJA 1967, s. 9

Question 11

Formal admission

Answer 11

• Where a party introduces into evidence a fact admitted by another party or the parties jointly admit a fact, a written record must be made of the admission unless the court directs otherwise

Question 12

Objections to prosecution evidence

Answer 12

• Magistrates have discretion in deciding when to rule on evidence admissibility. The timing of such decisions can influence the fairness of the trial, especially if decisions on crucial evidence like confessions are delayed until after all other evidence is presented.

Question 13

PACE s.78

Answer 13

• The court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

Question 14

PACE s.76

Answer 14

• Where the defence object to the admissibility of a CONFESSION on the basis of PACE s.76 then the court shall not admit the confession unless it is satisfied it was not obtained by oppression or by words or conduct likely to render a confession unreliable

Question 15

Role of justices legal adviser

Answer 15

• Should provide the court with any legal advice that it needs to carry out its functions
• They should also make note on substance of any evidence/representations,mark as inadmissible any parts of written statements introduced in evidence that are ruled inadmissible
• They should ensure record is kept of court’s decisions + reasons for them
• Should make any announcements other than sentence of verdict
• Assist a party who has no legal rep
• May advise outside of courtroom if necessary and then inform the parties about any advice given in private
• Parties can make representations to the court about that advice

Question 16

Submission of no case to answer

Answer 16

• the magistrates may acquit the accused on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict
• Can do this following an application by the defence OR on its own initiative, but prosecutor must be given an opportunity to make representations
• Questions of credibility should rarely be taken into account at this stage
• Prosecution have right to reply to a defence submission of no case to answer

Question 17

Duty to give reasons

Answer 17

• If court convicts or makes hospital order, they must give sufficient reasons to explain its decision
• If a party wishes to obtain more detailed reasons, a request can be made to the magistrates to state a case
• If the court acquits the accused, it may (but is not required to) give an explanation of its decision

Question 18

Guilty of lesser offence

Answer 18

• Justices are restricted to reaching a decision solely on the charge actually before them
• Exceptions are for some driving offences
• Accused charged with aggravated vehicle taking may instead be convicted of the lesser offence of vehicle taking without consent under s.12

Question 19

Alternative offences

Answer 19

• mc cant convict of alternative offence unless the alternative offence has also been formally laid.