Part 3.3 - Summary Hearing Divs 4-6 - Entering a plea; Opening addresses; Case for the accused Flashcards
Charge read/ exp. to A before plea s62
(1) MC must ensure that any charge in charge-sheet be …. before A is asked to plead to the charge
(2) not necessary that charge be read, or its substance explained, to an A who is represented by a LP if the MC considers it appropriate not to do so.
LP may enter plea on A’s behalf s63
A LP appearing for an accused may, on behalf of the accused, enter a plea
Refusal to plead s64
(1) If, when an accused is asked to plead to a charge, the A will not answer directly to the charge, the MC may order that a plea of not guilty be entered on behalf of the accused.
(2) has same effect as if accused in fact had pleaded not guilty.
Pleading to a course of conduct charge s64A
(1) In his section, course of conduct charge has same meaning as in cl 4A of Sch 1.
(2) Section applies if an A, on being asked to plead to a course of conduct charge, informs the court that they
(a) would PG if related to only specified time-period
(b) would plead NG to the rest
(3) court can adjourn to allow fresh charge sheet to be filed referring only to the (2)(a) period
(4) If fresh CS as described above is filed and A does not PG to charge as set out in CS, a further fresh CS may be filed setting out the original charge or a further amended version
(5) If the accused does not plead to that charge, the MC may order that a plea of NG be entered on behalf of the accused unless it considers that it is not in the interests of justice to do so.
● Pros opening (if leave) ● Pros case ● Defence opening (if leave & only if calling evidence) ● Defence case ● Pros closing (with leave) ● Defence closing (with leave)
● Pros opening (if leave) ● Pros case ● Defence opening (if leave & only if calling evidence) ● Defence case ● Pros closing (with leave) ● Defence closing (with leave)
65 Parties may give opening addresses (w leave, length can be limited)
(1) With leave of the MC and before any evidence is given
(a) P may give an OA to the court on P case against A; and
(b) A may give an OA to the court in response to P’s OA
(2) the MC can limit the length
66 Accused entitled to respond after close of P case (no case/give ev/call Ws; put P to proof (say nothing)
After the close of the case for the P, an A can:
(a) make no case to answer submissions.
(b) give evidence, call witnesses to answer the charge; either or both.
(c) choose not to give evidence/call Ws (put P to its proof)
67 Election when A is LR
67 If LP, MC may ask LP at close of prosecution case which the A elects to do.
68 Election when accused is not LR
68(1) If not LP, has to inform A in manner likely to be understood by A, that (a) has right to answer charge, choosing either (i) give sworn/affirmed evidence and say what it wishes to say in answer to the charge and then respond to any Qs from the P or the Court
(ii) say nothing in answer to charge
(b) in either case, A may call any Ws to give sworn/affirmed evidence for the A.
(2) After giving above info, MC must ask A what they want to do.
69 Procedure for JHs if no-case submission made
69(1) if no case to answer submission wished to be made, A must do so at the close of prosecution case. (2) If after MC has ruled on all NCS, and charges against 2+ accuseds remain, each accused must advise court (after s 67 or 68 questions), which of the options referred to in ss 66(b) or (c) accused wishes to take
70 Questioning to determine proper course of proceeding
70(1)(a)-(b) If A wants to call witnesses to give evidence at the hearing, must answer if asked by the Court names of those witnesses and the order in which they are to be called
(2) and then follow that, can only diverge with the Court’s leave
71 Opening address of accused at beginning of case for the accused
71(1) If A intends to give evidence or call witnesses, or both, MC can grant leave for OA from A if Court considers it appropriate
(2) OA must be given before A gives evidence/calls any other Ws
(3) MC can limit the length of the A’s OA.
(4) A not required to give evidence before any other witness is called on behalf of the A.
72 Evidential burden on A for exceptions etc
(1) (a)-(b) A must present or point to evidence that suggests a reasonable possibility of the existence of facts which, if they existed, would establish the exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the offence if Act says such an XYZ and A wishes to rely on such.
(2) No proof from informant on XYZ required unless A satisfies (1)
(3) If satisfied in the IOJ to do so, MC may allow prosecution to re open its case to rebut something raised under this section.
