Chapter 7- Summary Trial Crown Court

Question 1

instances case proceeds to summary trial at crown court

Answer 1

Summary only offence D has pleaded not guilty
Trial either way offence NGAP case allocated to magistrates

Will proceed-
Indictable only offence
Either way offence which Magistrates has sent to crown court

Question 2

Summary trial procedure

NGAP

Answer 2

• legal court advisor reads charge to D
• if not guilty prosecution presents its case first
• prosecution makes opening speech
• then call their witnesses, questioned by prosecution and cross examined by D, prosecutors may then re examine the witness
• prosecution to read out agreed written evidence in court
• at the end of prosecution case D may submit there is no case to answer (not usual practice)
• if submission not made, defence case is presented
• D witnesses give evidence, who are cross examined by prosecution, then rexamined by D
• after all evidence court can permit prosecution further evidence
• closing speeches, D goes last
• magistrates retire to make their decision
• magistrates decision is announced
• if D acquitted magistrates will then deal with cost applications
• if D is guilty magistrates then proceed to sentence, they may adjourn to do this
• if D wishes to appeal, they have 21 days to lodge notice of appeal

Question 3

Crown court preliminary procedure

Answer 3

• first hearing takes place 28 days after case sent to crown court PTPH
• if guilty proceed straight to sentencing
• if not guilty, parties encouraged to explain issues at PTPH
• judge may hold FCMH if they think doing so would be public interest
• once evidence submitted, D may apply for case to be dismissed in writing or orally

Question 4

Preparing indictment

Answer 4

The indictment is a document which sets out charges against accused. Each offence set out into separate paragraphs (count)

Contains descriptions of offence via particulars and drafted by CPS

Question 5

Crown court procedure not guilty

Answer 5

• legal court advisor reads charge to D
• jury brought into court room
• Jurors sworn in. Clerk then tells jury D plead not guilty
• prosecution makes opening speech
• then call their witnesses, questioned by prosecution and cross examined by D, prosecutors may then re examine the witness
• prosecution to read out agreed written evidence in court
• at the end of prosecution case D may submit there is no case to answer (not usual practice)
• if submission not made, defence case is presented (only if there is witnesses)
• D witnesses give evidence, who are cross examined by prosecution, then rexamined by D
• closing speeches, D goes last
• judge makes summary for Jury
• jury retire to make their decision
• jury tell judge they are in agreement on a decision
• open court decision is announced