CLP 6 - Summary Trial overview Flashcards
Who can sit as the bench in a summary trial?
2–3 lay magistrates or a single District Judge (DJ).
What is the role of the authorised court officer (justices’ clerk/legal adviser)?
Assists magistrates with law and procedure but does not decide the verdict.
What is the first step in a summary trial?
Legal arguments.
What follows the prosecution opening speech?
Defence identifies matters in issue (only if asked).
What can prosecution evidence include?
Reading witness statements, admissions, and calling witnesses.
What happens at the conclusion of the prosecution case?
A submission of no case to answer may be made.
What must the defendant be informed of before giving evidence?
Their right to give evidence and potential adverse inferences if they don’t.
What may defence evidence include?
Reading statements, admissions, and calling witnesses.
When can the prosecution give a closing speech?
Only if the defendant is represented or introduced evidence (beyond their own).
Is the defence always entitled to a closing speech?
Yes.
Who provides legal advice to magistrates before a verdict?
The authorised court officer, in open court.
What if 3 lay magistrates are not unanimous?
Majority prevails. If 2 magistrates are tied, the case is adjourned and reheard.
When is a guilty verdict valid?
Only if reasons are given in open court.
