5.2 Summary trial - prosecution Flashcards
Where are the procedural rules for summary trials set out?
CrimPR 24
When do legal arguments normally happen in a summary trial?
Before the trial starts although this is not a requirement.
Section 8A MCA The court may make a ruling at a pre-trial hearing on - (a) Admissibility of evidence, or (b) Any relevant question of law
Nottingham Magistrates Court ex p K (1996) 160 JP 201
The court has discretion to hear legal arguments in judge’s chambers at any time.
What are the procedural requirements of a pre-trial ruling?
Section 8A(3) MCA
(a)
Both parties must be able to make representations;
(b)
The ruling must appear to the court to be in the interests of justice;
Section 8A(5) MCA
Any unrepresented D must be given the chance to apply for legal aid.
To what extent is a pre-trial ruling binding?
Section 8B MCA
(1)
A pre-trial ruling is binding on the parties until the case against D is concluded.
(2)
However, it can be varied or discharged if the court considers it in the interests of justice to do so.
(5)
Variation or discharge may only happen if there has been a material change in circumstances.
How many pre-trial hearings are usual in magistrates court cases?
Just one - the Preparation for Effective Trial (PET) form is intended to allow everything to be dealt with at the first hearing.
When should hearings on admissibility of evidence be heard?
The magistrate has discretion re. S. 78. However, the interests of justice encourage hearing applications early so that D knows what she must defend against.
Liverpool Juvenile court ex p R [1988] QB 1
Objections to confession evidence must be heard asap.
How do proceedings commence in the magistrates court?
The police bring D to the court, or
An information or written charge is laid and a summons and requisition or warrant is issued.
Why is it particularly important for the defence to identify the matters in issue in summary trials?
Because there is no requirement of a defence statement.
What is a defence statement?
Section 6A Criminal Procedure and Investigations Act 1996
A written statement setting out the defence, disputed facts, asserted facts, etc.
When can evidence be presented in written form (and read aloud by the prosecution) instead of given orally by a witness?
Section 9 Criminal Justice Act 1967
Agreed: Where the contents of the statement are not disputed
OR
Section 114 CJA 2003
The written statement is admissible hearsay.
OR
Section 10 CJA 1967
Admissions
Who helps an unrepresented D in the magistrates court?
The justice’s clerk
How can the clerk help unrepresented defendants in the magistrates court?
CrimPR 24.15(3)(a)
Explaining proceedings and questioning witnesses.
Can the prosecution refuse to call a witness it has identified in the used material?
Wellingborough Justices ex p Francois (1994) JP 813
Once it has identified a witness, the prosecution is obliged to call her.
If the prosecution decides not to examine her in chief, this is called ‘tendering’ the witness.
What is the exception to the rule against the prosecution abandoning a witness?
The prosecution may abandon a witness pre-trial if it forms the view that she is ‘incapable of belief’. The defence can then call that witness if it wishes.
Which provisions allows written statements because both sides agree the contents?
Section 9 CJA 1967
