Mode of Trial Flashcards
Q: What is mode of trial?
Refers to the court that should try or hear a particular case.
The classification of the offence determines in which the court the trial takes place; generally summary offences in Mag court and indictable in crown court.
Summary only offences: Magistrates court- where magistrates and district judges dispose summary justice.
Triable either way offences: Magistrate’s must determine whether a person aged 18 or over should be tried summarily in the Mag’s court or be sent to the crown court to be tried.
Indictable offences: Crown court
Q: What happens if D pleads not guilty to an either way offence or refuses to state a plea?
The Magistrate’s will have a pre-trial hearing where representations from either side can be heard as to the more suitable court to hear the full case.
Q: What is a pre-trial hearing?
In Mag court there is a system of pre-trial hearing.
These are known as ‘early first hearing’ where a guilty plea is anticipated or an ‘early administrative hearing’ where a not guilty plea is anticipating.
Q: What happens at a pre-trial hearing?
S8A Mag’s Courts Act 1980 provides that at a pre-trial hearing, once a not guilty plea has been entered, the court may make rulings on any question as to the admissibility of evidence and any other question of law relating to criminal cases to be tried in the mag’s court.
Q: What happens in summary trials when there is a guilty plea?
Take place in Mag court before at least 2 lay justices or single District Judge.
Where there is a guilty plea, the hearing starts with the prosecution stating the facts of the case and introducing the offender’s relevant previous convictions.
Defence then put any mitigation to the court before sentence is passed.
s122(1) of Mag courts act 1980- Prosecution and defence may conduct their own case in person or be represented by counsel/solicitors.
Q: What happens in summary trials when there is a not guilty plea?
Where there is a not guilty plea, the prosecutor may summarise the prosecution case, concisely and identifying relevant law, outlining the facts, and indicating the matters likely to be disputed.
Prosecution will then present their case to the court. Defence will then call their evidence and address the court in a closing speech.
Q: What are trials on indictment?
Take place in Crown Court before a judge of High Court, circuit judge, a recorder, or a qualifying judge advocate.
Prosecution must appear by legal representative, but accused may still conduct his/her own case.
Q: What happens on a trial on indictment when there is a guilty plea?
Where there is a not guilty plea, the prosecution will have to satisfy the jury beyond reasonable doubt that the accused committed the offence.
Where the prosecution fails to provide sufficient evidence as to any element of the offence, the accused is entitled to be acquitted.
The defence may make a ‘no case to answer submission’ after the prosecution has closed its case, on the basis that the prosecution has failed to produce evidence of an essential element of the offence. Therefore, D cannot be found guilty of it.
The acquittal will take place on the direction of the judge.
Q: What happens when an accused fails to appear in mag court to answer to bail?
The court may:
- issue a warrant for the accused’s arrest under s7 of the Bail Act 1976
- appoint a later time when the accused has to appear in accordance with s. 129(3) of the Magistrates’ Courts Act 1980
- proceed in the accused’s absence under s. 11(1) of the Magistrates’ Courts Act 1980
Where the accused’s appearance was by way of summons, the court must be satisfied that the summons was served in the prescribed manner before commencing in the accused’s absence (s. 11(2)).
Q: What happens when an accused fails to appear in mag court to answer to bail and is under 18?
Court may proceed in his absence (s11(1)(a)).
If the accused is over 18 the court shall proceed in his absence unless it is contrary to the interests of justice to do so (s11(1)(b)).
Court is not required to inquire into the reasons for the accused’s failure to appear (s11(6)).
