Summary trial Flashcards
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.
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.
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
