8. Summary Trial Procedure Flashcards
when can the mags have a trial in the absence of accused?
if they fail to appear and are under 18:
* court MAY proceed in absence
if they fail to appear and are 18 or over and it is not contrary to ints of justice:
* court MUST proceed in absence
if court decides not to proceed in absence what must they do?
- give reasons
- set a date for the hearing to resume or leave it to be determined
- if adjourned and accused not present - they will need to be sent an adjournment notice
if the prosecution was issued by requisition or summons what must court be satisfied of?
Must be satisfied that it was served on accused a reasonable time before the hearing
what plea is entered if accused does not appear and they continue in absence?
Not guilty.
unless D has served notice of G plea or court tries case under single justice procedure.
how does a trial go on if the accused is absent?
- prosecution still have burden to noraml criminal standard
- if pros do not prove - court must acquit accused
- if it is proved - can either go straight to sentence or adjourn for accused to attend
what happens if the prosecutor is absent?
if court has received evidene - deal with case as if pros were present
if not - enquire as to why they are absent and if there is no good reason - dismiss allegation
if court passes a custodial sentence where D is absent?
MUST issue a warrant for their arrest
when can the court issue an arrest warrant upon adjournment?
only if offence is punishable by imprisonment or court having convicted accused proposes to impose disqualification.
what will a deliberate delay be classed as?
abuse of process
if court passes any other sentence in absence of accused it….
MAY issue warrant for arrest
do the MC have discretion not to proceed on account of a delay?
Yes. Even if proceedings are commenced in time court can refuse to try a case if there has been a delay amounting to an abuse of process.
if a delay is not deliberate can court still exercise discretion?
yes defence can ask court to not proceed if:
* there has been an inordinate or unconscionable delay due to pros inefficiency AND
* prejudice to defence because of delay can be proved or inferred.
1.
which CrimPR rule governs procedure on a plea of NG?
24.3
procedure on not guilty plea being entered is as follows:
- pros summarise case, id law, outline facts / matters in dispute
- if needed, defence may be invited to ID what is in issue
- pros then introduce ev on which they rely
- might be a submission of no case to answer at close of pros case
- if not, justices legal adviser or court explains D’s right to give ev and effect of not doing so
- D introduces any evidence
- pros close speech (only where D is represented or D has introduced ev other than their own).
- defence close speech
when can the court not receive evidence?
when the party has had their opportunity already the court:
- may refuse to receive it and
- must not receive any such evidence or reps after it has announced its verdict.
how is plea taken at the start of a summary trial?
if plea has not ever been entered - accused is asked to enter one
if NG plea was entered on prev occasion - accused is asked to confirm that plea
when can the prosecution make an opening speech?
if accused pleads NG