8: Summary trials Flashcards
SUMMARY TRIAL PROCEDURE
Pre-trial rulings
When does it apply?
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.
Who can apply for a pre-trial ruling?
Anyone, inc court own motion can apply for ruling. Pre-trial ruling = binding.
Court may (on app by party or itself) discharge/vary a pre-trial ruling if
TEST:
: interests of justice AND opp to be heard.
Party can only apply for a pre-trial to be discharged if:
material change of circs (= compelling reason).
What are the 2 options if accused fails to appear?
- Trail in absence
- Adjourn
Accused fails to appear
Trial in absence
What MAY or MUST the court do?
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
Accused fails to appear
Adjourn
What must be determined? What must be done for an adjournment?
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.
Accused fails to appear
Trials in absence
When must the court proceed in D’s absence?
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.
Accused fails to appear
Determining whether to proceed in absence:
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+.
Accused fails to appear
Determining whether to proceed in absence:
Contrast between CC and Mags:
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.
Accused fails to appear
Determining whether to proceed in absence:
. Factors for assessing interest of justice:
- Such reasons offered
- Reliability of info supplied
- Date the reasons became known + action taken
Where medical note excuses him, court MUST consider it.
Warrant for arrest = Court MAY issue arrest warrant,
TEST
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.
Warrant for arrest = Court MAY issue arrest warrant,
Mags discretion to refuse to try a case and acquit without trial if:
delay amounting to abuse of process, even if proceedings commenced within time. Where delay is deliberate = abuse of process. Where delay cannot be shown.
Warrant for arrest =
Def may app for Mags if:
- Inordinate or unconscionable delay due to pros inefficiency; and
- Prejudice to D is proved or inferred.
If delay in part due to D, app unlikely to succeed.
What happens at the start of trial?
D asked to enter plea, or confirm earlier plea.
What happens at prosecution opening speech?
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.
Witnesses prosecution MUST call when?:
– 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.
Written evidence at summary = s9 CJA – reading of written statements admitted with consent of D. Court MUST
read statement and if public present, each relevant part of statement must be read or summarised.
Written evidence at summary = s9 CJA
Conditions for written statement to be admissible:
- Statement signed by person who made it
- Includes a statement of truth
- Before hearing, copy is served to other
- No other party objects to it within 7 days of service.
What is a formal admission?
What must be made?
What must happen if it is not made in court?
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.
OBJECTION TO PROS EVIDENCE =
In Mags who deals with both fact and law?
The judge
S78 PCEA 1984
What is it?
General exclusionary power, court has discretion to hear evidence on admissibility, not obligated.
S76 PCEA 1984
What is it?
Court obliged to hear evidence of obtaining evidence.
Where Def objects to admissibility of confession (s76), the court MUST not admit confession unless:
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.
When is the defence’s closing speech?
After prosecution.
At conclusion pros case on D’s app or on its own motion, court may acquit if pros evidence is:
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.
Legal adviser = May seek assistance from the clerk if point of difficulty arises. Duties:
- Draw court’s attention, before hearing begins, to pros allegations, agreements, issues
- Give court legal advice
- Assisting court in reasons and recording
- Assisting D if unrepresented; and
- Assisting court by making note of oral evidence or reps, marking inadmissibility’s
- 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
Where court convicts/ makes hospital order = what MUST it do?
MUST give sufficient reasons. If acquits = it MAY give reasons and exercise power to make: behaviour order/costs order.
Clerk or legal adviser may advise the magistrates:
ON
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 .
SUMMISSION NO CASE TO ANSWER
Mags MAY acquit where TEST:
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.
SUMMISSION NO CASE TO ANSWER
Credibility pros witness
In CC Galbraith TEST =
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.
SUMMISSION NO CASE TO ANSWER
Is there a duty to give reasons?
= 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.
SUMMISSION NO CASE TO ANSWER
Is there a power to find accused not guilty as charged but guilty of lesser offence?
Mags have NO POWER to find accused not guilty as charged but guilty of lesser offence.
SUMMISSION NO CASE TO ANSWER
if D charged with alternative offences, what should the Mags do?
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.
SUMMISSION NO CASE TO ANSWER
What was said in Galbraith?
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.
