CLP 5 - Trial Mag

Question 1

What is the maximum sentence for summary only offenses?

Answer 1

6 months

Question 2

What is the next step if a defendant pleads not guilty to a summary only offense?

Answer 2

Completing the Preparation for Effective Trial form”

Question 3

What is included on the Preparation for Effective Trial form?

Answer 3

• the defendant’s and legal representative’s contact details;​
• names, numbers, types of witness and which party requires their attendance at court;​
  .
• the estimated length of trial;​
• identification of trial issues;​
  .
• advance warning whether any applications are to be made (e.g. special
  measures, bad character and hearsay);​
• whether any prosecution statements can be read; ​
• whether any special arrangements need to be made for trial;​
  .
• that the defendant advocate has advised D of credit for early guilty plea;
• that trial will go ahead in D’s absence if D fails to attend on the trial date;​

Question 4

Can pre-trial hearings be held in the Magistrates court for summary only offences?

Answer 4

Yes. These can cover matters such as admissibility of evidence and fitness to plead. Rulings can be made on the application of the defence or prosecution, or of the court’s own motion. ​

Question 5

How long are pre-trail rulings for summary only offences binding?

Answer 5

conviction or acquittal of the defendant; or ​

a prosecution decision not to proceed; or ​

the dismissal of the case. ​

or varied by the court

Question 6

When can a suspect plea guilty by post?

Answer 6

In summary only cases where:​

• the matter has been commenced by summons or requisition; and​
• the prosecutor has served a summary of the evidence on which the prosecution case is based; and​
• the prosecutor has served information relevant to sentence​

(This procedure is used for minor non imprisonable offences such as speeding or driving without insurance)

Question 7

Who makes up the judges in a summary trial?

Answer 7

• At least two, but usually three, lay magistrates (also known as ‘justices of the peace’)
  OR
• single District Judge.

Question 8

Is an authorised court officer (justices’ clerk) mandatory where a summary trial is hear by lay magistrates?

Answer 8

Yes

Question 9

Is an authorised court officer (justices’ clerk) mandatory where a summary trial is hear by District Judge?

Answer 9

No

Question 10

What is the order of a magistrate’s trial?

Answer 10

• Legal arguments would be heard before the trial starts (questions of admissibility)
  .
• Prosecution opening speech
• Defence identify matters in issue (where they disagree with the prosecution - effectively defence statement)
• Prosecution evidence
• Conclusion of the prosecution case
  .
• Submission of no case to answer - On the defendant’s application or on its own initiative, the court may acquit on the ground that the prosecution evidence is insufficient for any reasonable court to properly convict.
• Defendant’s Right to give evidence and adverse inferences explained
  .
• Defence evidence
  .
• Prosecution closing speech
• Defence closing speech
  .
• Legal advice - Before retiring to consider their verdict, the legal adviser will advise the magistrates in open court on any matters of law that are required
• Magistrates/ district judge retire to consider verdict
• Verdict

Question 11

When can the prosecution make a closing speech in the magistrate’s court?

Answer 11

• the defendant is represented;

OR

• whether or not he is represented, the defendant has introduced evidence other than their own. ​