8: Summary trials

Question 1

SUMMARY TRIAL PROCEDURE

Pre-trial rulings

When does it apply?

Answer 1

Cases tried summarily

+

D entered not guilty plea

Mags may decide question on admissibility of evidence. Court must give parties opp to be heard and interests of justice, to make ruling. If D unrepresented, he MUST be given chance – apply legal aid.

Question 2

Who can apply for a pre-trial ruling?

Answer 2

Anyone, inc court own motion can apply for ruling. Pre-trial ruling = binding.

Question 3

Court may (on app by party or itself) discharge/vary a pre-trial ruling if

TEST:

Answer 3

: interests of justice AND opp to be heard.

Question 4

Party can only apply for a pre-trial to be discharged if:

Answer 4

material change of circs (= compelling reason).

Question 5

What are the 2 options if accused fails to appear?

Answer 5

1. Trail in absence
2. Adjourn

Question 6

Accused fails to appear

Trial in absence

What MAY or MUST the court do?

Answer 6

Court MAY (if under 18) or

MUST (if 18+ + not contrary interest of justice)

proceed in absence.

BUT – where pros commenced by issue summons/requisition, it MUST prove either summon/requisition served within reasonable time before hearing

Question 7

Accused fails to appear

Adjourn

What must be determined? What must be done for an adjournment?

Answer 7

If D remanded = time + place MUST be determined.

Trial continues where parties have adequate notice. If D not present when trial adjourned, MUST send D adjournment notice.

Question 8

Accused fails to appear

Trials in absence

When must the court proceed in D’s absence?

Answer 8

Where pros appears but not D, and 18+, court MUST proceed in absence unless contrary interests of justice.

Court proceeds as if pleaded not guilty; court MUST give reasons if it doesn’t.

When proceedings commenced by summons/written charge+req then must be proved the summons/req was served in reasonable time before hearing. Where case was previously adjourned, MUST should D had adequate notice of adjourn date or reasonable notice of when hearing resumes.

Question 9

Accused fails to appear

Determining whether to proceed in absence:

Answer 9

Not proceed if: acceptable reason for failure.

Court does not have to inquire into reasons for failure. Court MUST state in open court reasons not proceeding in absence where D is 18+.

Question 10

Accused fails to appear

Determining whether to proceed in absence:

Contrast between CC and Mags:

Answer 10

In contrast CC, the Mags “default position”= proceed in absence of D where aware of trial date + no acceptable reason. Court not oblig to investigate if no reason offered.

Question 11

Accused fails to appear

Determining whether to proceed in absence:

. Factors for assessing interest of justice:

Answer 11

1. Such reasons offered
2. Reliability of info supplied
3. Date the reasons became known + action taken

Where medical note excuses him, court MUST consider it.

Question 12

Warrant for arrest = Court MAY issue arrest warrant,

TEST

Answer 12

offence punishable with imprisonment or disqualification. MUST be satisfied that: summons/requisition served within reasonable time before trial.

Where offence = indictable, warrant may be issued at any time.

Question 13

Warrant for arrest = Court MAY issue arrest warrant,

Mags discretion to refuse to try a case and acquit without trial if:

Answer 13

delay amounting to abuse of process, even if proceedings commenced within time. Where delay is deliberate = abuse of process. Where delay cannot be shown.

Question 14

Warrant for arrest =

Def may app for Mags if:

Answer 14

1. Inordinate or unconscionable delay due to pros inefficiency; and
2. Prejudice to D is proved or inferred.

If delay in part due to D, app unlikely to succeed.

Question 15

What happens at the start of trial?

Answer 15

D asked to enter plea, or confirm earlier plea.

Question 16

What happens at prosecution opening speech?

Answer 16

Pros makes opening speech in not guilty plea, briefly explaining case. Court MAY invite D to concisely identify issues. If D refused to identify issues at case management stage, court may limit proceedings on trial day = court limits questioning of witnesses + duration of hearing.

Question 17

Witnesses prosecution MUST call when?:

Answer 17

– After opening, pros must call evidence if def requests, or tender witness for cross-examination. If pros chooses not to call witness, court cannot compel pros. But if pros making it so D cannot obtain fair trial, court may dismiss case as abuse of process. Justice may call witness themselves.

Question 18

Written evidence at summary = s9 CJA – reading of written statements admitted with consent of D. Court MUST

Answer 18

read statement and if public present, each relevant part of statement must be read or summarised.

Question 19

Written evidence at summary = s9 CJA

Conditions for written statement to be admissible:

Answer 19

1. Statement signed by person who made it
2. Includes a statement of truth
3. Before hearing, copy is served to other
4. No other party objects to it within 7 days of service.

Question 20

What is a formal admission?

What must be made?

What must happen if it is not made in court?

Answer 20

Parties jointly admit fact = written record MUST unless court directs, be made. Any admission may be made before/at proceedings. If made not in court, MUST be in writing and signed. If made on behalf of D, must be made by counsel/solicitor.

Question 21

OBJECTION TO PROS EVIDENCE =

In Mags who deals with both fact and law?

Answer 21

The judge

Question 22

S78 PCEA 1984

What is it?

Answer 22

General exclusionary power, court has discretion to hear evidence on admissibility, not obligated.

Question 23

S76 PCEA 1984

What is it?

Answer 23

Court obliged to hear evidence of obtaining evidence.

Question 24

Where Def objects to admissibility of confession (s76), the court MUST not admit confession unless:

Answer 24

satisfied not obtained by oppression or words/conduct likely to render confession unreliable. Court obliged determine the issue as soon as raised and hear evidence if necessary.

Question 25

When is the defence’s closing speech?

Answer 25

After prosecution.

Question 26

At conclusion pros case on D’s app or on its own motion, court may acquit if pros evidence is:

Answer 26

1) insufficient for any reasonable court properly to convict, but
2) must not unless pros had opp to make representations.Legal adviser or court must explain to D, the right to give evidence and consequences of not.

Question 27

Legal adviser = May seek assistance from the clerk if point of difficulty arises. Duties:

Answer 27

1. Draw court’s attention, before hearing begins, to pros allegations, agreements, issues
2. Give court legal advice
3. Assisting court in reasons and recording
4. Assisting D if unrepresented; and
5. Assisting court by making note of oral evidence or reps, marking inadmissibility’s
6. Ensure record kept of court’s decisions and reasons+ making announcement.

Legal adviser or court must explain to D, the right to give evidence and consequences of not.

Pros may make final reps after D’s case if: D is represented by legal rep or where not, D has introduced evidence other than his own and D makes final reps.

Where court convicts/ makes hospital order

Question 28

Where court convicts/ makes hospital order = what MUST it do?

Answer 28

MUST give sufficient reasons. If acquits = it MAY give reasons and exercise power to make: behaviour order/costs order.

Question 29

Clerk or legal adviser may advise the magistrates:

ON

Answer 29

1) questions of law;
2) questions of mixed law and fact;
3) matters of practice and procedure;
4) the process to be followed at sentence
5) relevant decisions of the superior courts or guidelines;
6) appropriate decision-making structure; and
7) other issues relevant

Justices’ legal adviser, NOT clerk must assist court in formulating reasons + recording them. Clerk may ask witnesses questions .

Question 30

SUMMISSION NO CASE TO ANSWER

Mags MAY acquit where TEST:

Answer 30

pros evidence insufficient for any reasonable court properly to convict. This app can be made by Def or on its own initiative, but pros MUST be given opp to make representations.

No obligation for justices to give reasons for rejecting submission of no case to answer.

Question 31

SUMMISSION NO CASE TO ANSWER

Credibility pros witness

In CC Galbraith TEST =

Answer 31

whether pros evidence so tenuous that even at its highest, jury properly directed couldn’t properly convict. Credibility should norm be taken by justices. Where reasonable tribunal could convict, justices should allow trial to run.

Question 32

SUMMISSION NO CASE TO ANSWER

Is there a duty to give reasons?

Answer 32

= conviction = MUST give “sufficient reasons to explain its decision”.

But NOT required to state reasons in form of judgement or elaborate. If party wishes to obtain more detailed reasons, can request to mags to state a case. If acquittal, court MAY give explanation.

Question 33

SUMMISSION NO CASE TO ANSWER

Is there a power to find accused not guilty as charged but guilty of lesser offence?

Answer 33

Mags have NO POWER to find accused not guilty as charged but guilty of lesser offence.

Question 34

SUMMISSION NO CASE TO ANSWER

if D charged with alternative offences, what should the Mags do?

Answer 34

if D charged with alternative offences, mags should not convict of both offences. Court gives no verdict on lesser alternative + adjourns that charge without setting date.

Question 35

SUMMISSION NO CASE TO ANSWER

What was said in Galbraith?

Answer 35

On submission of no case to answer at end pros case, judge should stop + direct acquittal is no evidence D committed crime. But if evidence is “tenuous”, the judge must stop the case if he concludes pros evidence, taken at highest, is such a jury properly directed couldn’t properly convict. But where pros evidence is on witness’s reliability = judge should allow matter.