Preparing for summary trial Flashcards
Where do all adult defendants have their first hearing?
At the Magistrates’ Court (MC)
This applies to all adult defendants regardless of the type of offence.
What happens in a summary-only offence?
Trial and sentence at the Magistrates’ Court (MC)
What happens in an either-way offence if the Magistrates’ Court accepts jurisdiction and the defendant consents?
Trial at the Magistrates’ Court and sentence at MC or Crown Court (CC)
What occurs in an either-way offence if the Magistrates’ Court declines jurisdiction or the defendant elects to go to Crown Court?
Trial and sentence at Crown Court (CC)
What is required of parties in terms of case management during the first hearing?
Parties must actively assist in furthering the Overarching Objective (OO)
How should the parties further the OO in the case management stage?
- prosecutor and defendant must communicate ASAP and at least from the first day of hearing
- prosecutor and defendant must also communicate with court officer
What will the parties establish in the pre-trial communication?
- Likely plea
- What is agreed/disputed
- Information required of one another
- Why, what is to be done, by whom, and when
- Reporting this to court
What must the initial details include?
A summary of the circumstances of the offence and the defendant’s criminal record. This is supplied to D if they request it.
If the defendant is on bail, additional documents will be included.
What happens if the defendant pleads guilty?
The court proceeds to sentence.
What occurs if the defendant pleads not guilty?
The court sets a trial date and completes a ‘Preparation for Effective Trial Form’ (PET)
What details are included in the ‘Preparation for Effective Trial Form’ (PET)?
- Details of defendant and legal representative
- Witnesses
- Trial issues
- Estimated trial length
- Applications needed
- Special arrangements
- That D has been advised of credit for early guilty plea and that the trial will take place without D if necessary
What does the court do after completing the ‘Preparation for Effective Trial Form’ (PET)?
Sets a timetable for trial and estimates the length
What should the Magistrates’ Court scrutinize regarding trial length estimates?
Any need for a time estimate longer than 1 day
What role does the Case Progression Officer play?
Monitors directions made by the court
What must CPS and defence advocates indicate regarding compliance with court directions?
A nominated person in their respective offices responsible for compliance
What issues are covered in Pre-Trial Hearings?
Admissibility of evidence and fitness to plead.
When is a Pre-Trial ruling binding until?
It is binding until disposed of by conviction or acquittal of D, a prosecution decision not to proceed, or the dismissal of the case.
Under what conditions can a court vary or discharge a Pre-Trial ruling?
If it is in the interests of justice and parties have been given an opportunity to be heard, or if there has been a material change of circumstances.
When can D plead guilty by post?
In summary only cases where:
* The matter has been commenced by summons or requisition
* The prosecutor has served a summary of the evidence
* The prosecution case is based
* The prosecutor has served information relevant to sentence
How can the D plead guilty by post?
They can complete the necessary documentation and plead guilty in writing without the need to attend court at all.
When does a Summary Trial occur?
Only when D pleads Not Guilty, involving summary only offences or either way offences where magistrates have retained jurisdiction.
What is the nature of any Trial under the english court system?
It is adversarial, with the prosecution opening the case as they carry the evidential and legal burden.
Who makes up the bench in a Summary Trial?
At least two but usually three lay magistrates or a single District Judge.
What are lay magistrates?
Unpaid volunteers who receive training to assist them with the law.
What assistance is provided during the summary trial process?
Assistance with the relevant law and procedure when required. This is provided by the authorised court officer.
Is there a need for a court officer to provide assistance when the trial is presided by a District Judge?
No need when presided by a District Judge.
What roles do Magistrates and District Judges serve?
Magistrates and District Judges are both Judges of Fact and Law.
What happens if legal applications require ruling on inadmissible evidence?
If successful, the same magistrates/District Judge must ignore that material they have previously heard about.
What is the procedure for trial in summary cases?
- Legal arguments before trial
- P opening speech
- D identify matters in issue
- P evidence
- Submission of no case to answer
- Right to give evidence and AI
- Defence evidence
- P closing speech
- D closing speech
- Legal dvice
- Mags retire
- Verdict
- If guilty, duty to give reasons
When do Magistrates determine questions of admissibility?
Magistrates have discretion as to when to determine questions of admissibility.
What does the Prosecution Opening Speech involve?
Summarising the case, identifying relevant law, outlining facts, and indicating matters likely to be in dispute.
Why might the defence be asked to identify matters in issue?
As there is no obligation to file a defence statement, this may be helpful for the court.
Is there a requirement for a defence statement?
No, there is no requirement for a defence statement.
What does the Prosecution Evidence entail?
Calling witnesses, reading witness statements when evidence is not in dispute, or reading agreed facts.
What is a Submission of No Case to Answer?
The court may acquit on the ground that the evidence is insufficient for any reasonable court to properly convict.
What must the Defendant be informed of regarding giving evidence?
The Defendant must be informed of the right to give evidence and the potential effect of not doing so.
How can Defence Evidence be presented?
Can be given by live witnesses from the witness box or read from witness statements if agreed with the Prosecution.
When can the Prosecution make a Closing Speech?
Only when the Defendant is represented or has introduced evidence other than their own.
Is the Defence entitled to make a Closing Speech?
Yes, the Defence is always entitled to make a closing speech.
What is the role of a Legal Adviser in court?
The legal adviser will advise lay magistrates in open court on any matters of law that are required.
What should Magistrates do if they require further advice?
They should request this in open court.
What happens if advice is given outside of open court?
The court officer should inform them that this advice is only provisional.
How is the Verdict announced?
Magistrates/District Judge announce the verdict in open court.
What prevails in case of disagreement among Magistrates?
The majority view prevails.
What must happen if only two Magistrates were able to hear the case and they disagree on the verdict?
They must adjourn the case for a rehearing.
What is required when a verdict of Guilty is reached?
Reasons must be given.
