5.2 Summary trial - defence

Question 1

What happens after the prosecution concludes / finishes giving evidence?

Answer 1

Submissions of no case to answer (“half time” submissions)

Question 2

What must the magistrates court do before deciding to acquit on the basis of no case to answer?

Answer 2

CrimPR 24.3(3)(d)
On the defendant’s application or of its own initiative, the court
(i)
may acquit on the ground that the prosecution evidence is insufficient for any court reasonably to convict, but
(ii)
must not do so unless the prosecutor has had an opportunity to make representations.

Question 3

What is the test of no case to answer?

Answer 3

CrimPR 24.3(3)(d)
The court -
(i) may acquit on the ground that the prosecution evidence is insufficient for any reasonable court to convict

Galbraith [1981] 73 Cr App R 124
1.
If there is no evidence D committed the crime, acquit.
2.
Where the evidence is tenuous because of inherent weakness, vagueness or inconsistency:
(a)
Where the judge concludes that taken at its highest the evidence could not properly convict on it, stop the case.
(b)
Where the evidence is such that its strength or weakness depends on the view of the witnesses’s reliability or other factual questions, leave it to the jury.

Question 4

What is the procedure for submissions of no case to answer?

Answer 4

1.
Defendants make representations in their order (D1, D2, etc.);
2.
The prosecutor responds;
3.
Where applicable, the clerk advises the bench;
4.
The magistrates retire.
5.
Acquittal, or the case continues.

Question 5

What happens after submissions of no case to answer (or prosecution evidence if no submissions are made), but before defence evidence?

Answer 5

The clerk explains 
1.
D has a right to give evidence
2.
The risk of adverse inferences of she does not.

Question 6

Who cross-examines defence witnesses first in cases with multiple defendants?

Answer 6

CrimPR 24.4(4)

Co-defendants

Question 7

In what order will the different types of evidence be given?

Answer 7

1.
Witnesses - oral
2.
Witnesses - written
3.
Admissions

Question 8

When is the prosecution entitled to make a closing speech and under what circumstances?

Answer 8

After defendant’s evidence / defendant has closed her case.

```
CrimPR 24.3(3)(h
But only where
i)
D is represented, or
(ii)
D has introduced evidence other than her own
~~~

Question 9

Under what circumstances will there be a defence closing speech?

Answer 9

CrimPR 24.3(3)(i)

D is always entitled to a closing speech

Question 10

What happens after closing speeches and before the bench retires?

Answer 10

Legal advice

Question 11

What is the most important part of procedure for the bench taking legal advice?

Answer 11

CrimPR 24.15(2)

Inform the parties of any legal advice given outside the courtroom.

Question 12

What is the most notable difference between the way a Crown Court verdict and a Magistrates Court verdict are delivered (apart from the absence of a jury)?

Answer 12

CrimPR 24.3(5)

The bench must give reasons for its decision.

Question 13

What are the exceptions to the rule against magistrates finding DD guilty of alternative lesser offences?

Answer 13

Section 24 Road Traffic Offenders Act 1988

Section 12A(5) Theft Act 1968 (aggravated vehicle taking)

However, the prosecution can charge alternative offences.

Question 14

What happens after the magistrates court convicts D?

Answer 14

CrimPR 24.11
The court adjourns (generally for a PSR) or sentences.

OR

Section 3 Powers or Criminal Courts (Sentencing) Act 2000 / CrimPR 24.11(10)(b)
For either-way offences, commit D to the Crown Court for sentence.

Question 15

Must the magistrates court give reasons for an acquittal?

Answer 15

The court may give reasons