8. Summary trial procedure

Question 1

What are pre-trial rulings?

Answer 1

At a pre-trial hearing (at a hearing that takes place before the court begings to hear evidence from the prosecution or consider whether to exercise its power under the Mental Health Act 1983 s 37(3) to make a hospital order without conviction), the magistrates may decide any question as to the admissibility of evidence and any other question of law relating to the case. Such rulings may only be made if the parties have been given an opportunity to make representations and it appears to the court to be in the interests of justice to do so. If the accused is unrepresented, they must be given the chance to apply for legal aid. These rulings can be made on the court’s own motion or on application.

Question 2

How binding are pre-trial rulings?

Answer 2

It is binding until the case is disposed of (acquitted or convicted or the prosecution is not proceeding or it is dismissed).
However, on its own motion or on application the court may discharge or vary a pre-trial ruling provided it appears to the court that it is in the interests of justice to do so and the court has given the parties an opportunity to be heard. Can only apply to do so if there has been a material change in circumstances since the ruling or since a previous application if one has been made; it is not sufficient that a different bench reaches a different conclusion on the same material.
Any appeals can only be made via case stated, once there has been a final determination of the proceedings.

Question 3

What source contains the rules for no case to answer in the magistrates’ court?

Answer 3

CrimPR 24.3(3)(d):

at the conclusion of the prosecution case, on the defendant’s application or on its own initiative, the court—

(i)may acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict, but

(ii)must not do so unless the prosecutor has had an opportunity to make representations.