Chapter 7 - Magistrates' Courts (Summary Cases)

Question 1

Summary proceedings

Answer 1

Hearings in which magistrates try or sentence defendants

Question 2

What is a lay magistrate?

Answer 2

Magistrates that are trained and paid expenses.

At least 2 lay magistrates must ‘sit’ to try a criminal case.

are advised on law by a justices’ clerk or one of their staff of legal advisers, who sit in front of the magistrates in court.

Question 3

What is a trial held in a Magistrates’ Court called?

Answer 3

Summary trial

Question 4

Who are magistrates?

Answer 4

Mostly volunteers and part-time.

usually of retirement age as they have the time.

Question 5

District Judges

Answer 5

Have at least 5 years experience as a lawyer or legal executive and sit in magistrates’ court.

Most are in city districts with high caseloads.

Can preside a case on their own (a clerk or legal adviser is there too)

Question 6

What happens if a defendant pleads guilty?

Answer 6

They are convicted of their crime(s) .

Sentencing usually takes place at a later date to enable preparation of a ‘pre-sentence report’

No trial.

Question 7

What happens when a defendant contests a summary charge?

Answer 7

It will be adjourned for a summary trial in magistrates’ court.

When it is first adjourned, magistrates must decide whether to grant bail, unless the charge is a minor one.

Question 8

What happens when a defendant contests an either-way charge?

Answer 8

Defendants can choose a jury trial at the Crown Court or ask magistrates to try them.

During the allocation stage of the procedure, Magistrates may decide that the case is too serious for them and so it progresses to Crown Court.

Question 9

What is bail?

Answer 9

the system in which the court grants a defendant their liberty until the next hearing.

The court can impose conditions - EG defendant must live at home, visit the police station once a week, surrender their passport and not contact any witnesses.

Question 10

What is failing to ‘surrender to bail’?

Answer 10

Failing to turn up to the next hearing.

Criminal offence

Probably result in an arrest warrant.

Question 11

The Bail Act 1976

Answer 11

A defendant must be granted bail unless:

• the court is satisfied there are substantial grounds for believing that the defendant will abscond, commit another offence, obstruct the course of justice (EG contact a witness) or will be likely to cause physical or mental injury to an associated person or cause them to fear such injury
• the defendant should stay in prison for their own protection
• The defendant has been accused of an indictable offence when they were on bail granted from an earlier case.
• The defendant is already serving a jail sentence.
• There is insufficient information to decide on bail.

A defendant charged with murder can only be granted bail by a Crown Court judge.

Question 12

Surety

Answer 12

A surety is a someone (like a relative or friend) who guarantees that the defendant will ‘surrender’ to bail and agrees to pay an amount of money, decided by the court, if the defendant absconds (is a no-show).

A surety who fails to pay can be jailed.

Question 13

Why are there reporting restrictions on pre-trial hearings in magistrates’ court if there is no jury?

Answer 13

The case may get moved to a crown court and the defendant will be put on a jury trial.

The magistrates’ may also have originally decided to take on an either-way case and then later decide it needs to go to a Crown Court.

Reporters can’t risk publishing anything that would result in prejusices

Question 14

What does the section 8c reporting restrictions temporarily ban?

Answer 14

The publication of reports of:

• any ruling by magistrates on admissibility of evidence or on any other question of the law relating to the case, and of any order to discharge or vary such a ruling, which is made in the pre-trial hearing.
• ‘proceedings on applications’ for such rulings and for such orders - which means the ban prevents the reporting of the legal argument and discussion in the pre-trial hearing about whether such a ruling or order should be made.

Question 15

Where do the section 8c reporting restrictions automatically apply?

Answer 15

To reports of pre-trial hearings in magistrates’ courts in cases due for summary trial.

Question 16

What 7 categories of things can be reported of a magistrates’ court pre-trial hearing?

Answer 16

1. The names of the court and magistrates
2. The names, ages, home addresses and occupations of the defendant(s) and witnesses
3. The charge(s) - full or summarised

4.The names of the solicitors and barristers in the proceedings

5. If the case is adjourned, the date and place to which it is adjourned
6. Any arrangements as to bail
7. If any legal aid was authorised.

Question 17

Reporting restrictions to opposing bail

Answer 17

Reporters should not publish that the prosecution opposed bail and especially the reasons why or why the magistrates refused it - prejudicial.

Safe to say someone was kept in custody for their own protection

Question 18

Publishing past addresses

Answer 18

Reporters can publish the defendants current address and any past address from any ‘relevant time’ - a time when events giving rise to the charge(s) in the case occurred.

If any past addresses or photos are published it must be made clear that the defendant no linger lives there - failure to do so could result in the current occupants suing for libel.

Question 19

As soon as Practicable

Answer 19

If a report is published ‘as soon as practicable’ after the relevant reporting restrictions have been lifted or expired, it will be regarded as a contemporaneous report and so is protected by section 4 of the contempt of court act and absolute privilege in defamation law if the report is fair and accurate and other requirements of those defences are met.

Question 20

Liability for breaching Section 8c restrictions

Answer 20

If a publication breaches section 8, the publication’s proprietor and editor can be prosecuted.

The penalty for breach is a fine unlimited by statute.