McNae's Essential law for Journalists: Part 2: chapter 7: Magistrates Courts: summary cases

Question 1

What percentage of criminal cases do magistrates courts deal with?

Answer 1

Magistrates’ courts deal with more than 90% of all criminal cases and send the rest to Crown Courts.

Question 2

What are the proceedings called in which magistrates try or sentence defendants?

Answer 2

They are called summary proceedings.

Question 3

For up to how many months can a magistrate jail a convicted defendant?

Answer 3

For up to six months for a single offence.

Question 4

Who are magistrates?

Answer 4

• At least two lay magistrates must sit to try a criminal case.
• A trial in a magistrates’ court is known as a summary trial.

Question 5

Who are district judges?

Answer 5

• About 130 professional district judges and 100 deputy district judges also sit in magistrates’ courts.
• A district judge tries cases on his/her own.

Question 6

What is the taking of pleas?

Answer 6

• Defendants facing summary charges are asked how they plead. Pleading guilty to a charge means they are convicted of it.
• Defendants who deny either-way charges can choose jury trial at the Crown Court or ask magistrates to try them.
• Magistrates might decide in the allocation procedure that the case is too serious for them to deal with.

Question 7

What is bail?

Answer 7

Bail is the system by which a court grants a defenant his/her liberty until the next hearing. The Bail Act 1976 has a general rule that a defendant must be granted bail unless:
the court is satisfied there are substantial grounds for believing that if bail is granted, the defendant:
- will abscond.
- reoffend.
- obstruct the course of justice.
- cause injury.
- the court decides the defendant should be kept in prison for his/her own protection.
- the defendant is alleged to have committed an indictable offence.
- the defendant is already serving a jail service.
- there is insufficient information to decide on bail.

Question 8

What happens when the court is deciding on bail?

Answer 8

When deciding on bail, the court is told of the defendant’s relevant previous convictions and some details of prosecution evidence about the charges faced. A defence lawyer arguing for bail may outline defence evidence.

Question 9

What is surety?

Answer 9

In some cases, a court will insist that the defendant has a surety before bail is granted. A surety is someone such as a relative or friend of the defendant who guarantees that he/she will surrender to bail.

If the defendant absconds, a surety who fails to pay the sum can be jailed.

Question 10

How can defendants who are refused bail apply to a Crown Court?

Answer 10

Defendants refused bail by magistrates can apply to a Crown Court judge for bail.

Question 11

What are the reporting restrictions for pre-trial hearings?

Answer 11

When a denied charge is heading for a summary trial, magistrates may hold at least one pre-trial hearing to consider and decide any dispute between prosecution and defence.

Section 8C of the Magistrates’ Courts Act 1980 imposes automatic restrictions limiting contemporaneous reporting of these pre-trial hearings.

Question 12

What is the scope of the section 8C reporting restrictions?

Answer 12

The section 8C restrictions automatically apply to reports of pre-trial hearings at magistrates’ courts due for summary trial. They ban publication of:

• any ruling by magistrates on admissibility of evidence and other questions of law, and of any order to discharge or vary such a ruling.
• applications for such rulings and for such orders.

Question 13

What seven categories of information from pre-trial hearings can the media report?

Answer 13

• the names of the court and magistrates.
• the names, ages, home addresses and occupations of the defendants and witnesses.
• the charges in full or summarised.
• the name of solicitors and barristers in the proceedings.
• if the case is adjourned, when and where it was adjourned to.
• arrangements as to bail.
• whether legal aid was authorised.

Question 14

When do the section 8C restrictions cease to apply?

Answer 14

The court can lift the section 8C reporting restrictions to allow the media to publish contemporaneously fuller reports of these pre-trial applications and of any ruling or order made in them.

The section 8C restrictions automatically lapse when the case is disposed of.

Question 15

What is the procedure in summary trials?

Answer 15

The usual summary trial procedure is as follows:

• the prosecutor makes an opening speech.
• witnesses testify.
• prosecution witnesses are called first.
• lawyers are not allowed to put leading questions to them when they give evidence.
• the defence may submit when the prosecution evidence ends.
• if the magistrates agree with this submission, they dismiss the charges. Otherwise, the trial continues.
• Defence witnesses are called.
• Defence witnesses are questioned to elicit their evidence-in-chief.
• when all witnesses have been heard, the defence may address the court in a closing speech.
• if the magistrates feel a charge is not proved, they acquit the defendant.
• if found guilty, they are convicted.

Question 16

Recap of major points

Answer 16

• Trials and sentencing at magistrates’ courts are known as summary proceedings.
• Automatic reporting restrictions limit what the media can report from pre-trial hearings.
• Magistrates can jail a convicted offender for up to six months for one offence and for up to 12 months for tw or more offences.
• Many trials at a magistrates’ courts can be reported fully and contemporaneously.