Summary Trial Procedure Flashcards
Are the prosecution required to disclose their case?
The prosecution are required to provide the defence with all the evidence upon which they propose to rely at trial in sufficient time for it to be considered properly
In summary trial, what happens if the defendant claims that they did not know of the proceedings against them?
They may make a sworn statutory declaration to that effect. This renders the requisition/summons, trial and conviction void.
What is the format of a sentencing exercise?
a) the prosecution opens the facts of the case, gives details of the defendant’s antecedents, and applies for prosecution costs;
c) a plea in mitigation is made on behalf of the defendant; d) the court passes sentence.
When may a defendant plead guilty by post?
- Offence is Summary only
AND - Proceedings have been started by requisition/ summons
When may multiple charges against the same defendant be heard together?
Court must be satisfied that the offences are part of a series of offences of the same or similar nature. This requires a connection in the time and place and the nature of the offence. Hearing the charges together should also be in the interests of justice.
May a trial go ahead in the absence of a defendant?
If D is an adult it must. As long as in the interests of justice. s11(1)(b) MCA. If D is a child then it may go ahead.
Will a defendant be tried in absence if they are ill?
s11(2)(a) MCA IF acceptable reason then case will be adjourned.
Can a defendant change their plea from guilty to not guilty?
They can, at the discretion of the magistrates. Whether they were legally represented will be a consideration. (Same in crown court)
S v Recorder of Manchester (1971)
Authority on plea change from guilty and not guilty.
Can the magistrates direct the crown court as to sentence?
No- if they think a custodial sentence of more than 12 months is necessary then must refer sentencing to crown court. s14 of 2020 Sentencing Act.
