Summary Trial Procedure Flashcards
How can pre-trial rulings be varied?
by appilcation where there has been material change in circumstances - not enough for different bench to make different decision on same facts
what is the general rule when D is absent?
court must proceed as if D present and pleaded NG unless contrary to interests of justice - subject to being satisfied that D had reasonable time and notice of when/where
what should court consider when deciding whether to allow live link video evidence?
importance of evidence
suitability of facilities
need for that person to attend
type of hearing
what options do Mags have when either party does not attend
proceed, adjourn to fixed or tbd date
must proceed if over 18 and D does not attend (unless interests of justice)
when mags proceed with trial in absence of D (inc legal) what is procedure
prosecution must still prove positive case by calling oral evidence or reading statements under s9 CJA
if proven then court can proceed directly to sentencing or adjourn to allow accused to attend
when might a mags court not proceed in absence of D?
where satsified there is an acceptable reason for his failure to appear - do not need to inquire after this - must state reasons for not proceedings if decide to do so
when can mags issue an arrest warrant to secure attendance of D?
where offence is punishable with imprisonment/disqualification
currently on bail
indictable offence
What will be considered a delay amounting to abuse of process for which court may stay proceedings?
delay is deliberate
inordinate/unconscionable delay due to P inefficiency
prejudice to the D from delay
if at all attributable to D conduct then unlikely to be granted
when will accused be asked to confirm plea
where it has been entered on an earlier occassion , if not then will be asked to enter plea
what can court do if prosecution refuse to call a witness
if deemed to be in course of conduct so that accused cannot obtain a fair trial then may be dismissed for abuse of process
what are the requirements under s9 CJA 1967 for written statement to be read out
- name and age of statement maker
- signed declaration of truth
- copy served on all parties
- no party objects
- where contains prejudicial material that cannot be mitigated against then new version should be drawn up
how can party object to admissibility of evidence - last minute eg
s78 PACE 1984
s76 if confession
should be heard as early as possible
can an application to call further evidence be made after bench has retired?
will not be granted unless exceptional circumstances
When do prosecution have a right to reply to defence submission of no case to answer
where mags minded to uphold submission
What is the Galbraith test for no case to answer
1 - no evidence at all
2 - tenuous evidence which - taken at its’ highest properly directed jury could not convict (dismiss) or if based on reliability there is a way it could be decided, left to jurywh
