Summary Trial Procedure

Question 1

Are pre-trial rulings binding?

Answer 1

Yes, PT ruling are binding until A case is disposed

• A is acquitted or convicted or P does not proceeds w case/ dismissed.

Question 1

When can Pre-trial hearings be made?

Answer 1

1) Made on application of P, D and courts own motion

2) NG has been entered

3)Takes place before P begin to adduce evidence

4) Apply to summary trials – including either way offences

5) Involving fitness to plead issues (where court wishes to consider whether to make a hospital order)

6)When Co-A PT ruling is binding until the case against all is disposed

Question 2

Is this true -
A binding ruling can be discharged or varied, even after a previous application to vary or dismiss, providing there has been a material change of circumstances?

Answer 2

Yes

Question 3

Identify the features that must be present before a pre -trial ruling can be made?

Answer 3

1) Must be in the interest of justice to make such ruling

2) Unrepresented A must be given opportunity to apply for legal aid.

3) Parties must be given opportunity to be heard

4) Court can decide on any Qs as to admissibility of evidence or law or

5) Rulings are binding not irreversible – can be varied or discharged, even after previous application to vary or dismiss

6) An error of law could lead to an appeal by way of case stated

Question 4

What’s the general rule for (decisions) PT hearings? What are the exceptions?

Answer 4

General rule = Once a decision has been made after proper inquiry and consideration of all relevant factors, it cannot be reversed merely by RX the case afresh on the same material

Exceptions:
(1) change of circumstances since the original decision

(2) Fresh evidence was not presented, although existent, during the original ruling

(3) is in the interest of justice to revisit

Question 5

What’s the statutory presumption in proceeding summary trial in the absence of D?

Answer 5

Statutory presumption = court must proceed in D’s absence and pleaded NG

Question 6

What approach likely (may) to be taken by the court when considering of its own motion whether to discharge or vary a previous pre-trial ruling?

Answer 6

If the bench (whether the same or a different bench) considers:
1)there has been a material change of circumstances since the ruling was made

2) has given the parties an opportunity to be heard and

3)is satisfied that it is in the interests of justice to vary or discharge, the court may act accordingly.

Question 7

What’s the exception to the statutory presumption of proceeding in the absence of DS in a ST? But the court must be satisfied that?

Answer 7

Exceptions:
(1) D = U18 → then may do so
(2) If D = adult → must not be contrary to interests of justice to do so

But court must be satisfied that:
(1) where prosecution commenced by issue of a summons/requisition, this was served on D reasonable time before hearing, or
(2) D appeared on a previous occasion to answer the charge

Question 8

Pre-trial rulings are…

Answer 8

Rulings are binding not irreversible – can be varied or discharged, even after previous application to vary or dismiss

Question 9

Where D, P or Ws are absent, the court has discretion to adjourn case - and may either? 3 options

Answer 9

(1) set date for hearing to resume, or

(2) leave time/place TBD unless it also remands A (= must fix a date)

(3) Issue a AW (if an imprisonable offence)

Question 10

If D is not present when case adjourned, do they need to be informed?

Answer 10

Yes, necessary to send D an adjournment notice giving ‘reasonable notice’ of when & where the hearing will resume

Question 11

What’s the procedure of trial in absence of A (if conditions satisfied)?

Answer 11

(1) NG plea entered on A’s behalf

(2) burden on P to prove case to normal criminal standard, whether by:
(a) calling oral evidence, or
(b) reading W statements served on A*

*admissible if no objection from D – positive consent not required

Question 12

failure of parties or witnesses to appear

Question 13

power to adjourn

Question 14

the court’s powers and procedure with regard to trial in the absence of the accused

Question 15

determining whether to proceed to trial in the accused’s absence

Question 16

warrant for arrest

Question 17

In assessing the interests of justice - what factors to consider when proceeding with case in A’s absence?

Answer 17

(1) reasons for absence offered
(2) reliability of info/evidence supporting those reasons
(3) date on which the reasons for absence became known to A, & what action A took in response to those reasons

Question 18

The court will not proceed in A’s absence if court considers that A has an ‘acceptable reason’ for failure to appear. What can be classed as involuntary absence?

Answer 18

1) A excluded from court building due to disorderly behaviour

2) A commits another offence & arrested on way to court

Question 19

Is the court required to inquire into the reasons for the failure before deciding whether/not to proceed?

Answer 19

No, court not required to enquire

Question 20

When must the court give reasons for not proceeding in absence?

Answer 20

1) If D is 18+ → court must state (in open court) reasons for not proceeding in absence

2) If D provides a medical note → court must state reasons for proceeding in absence

NB: The power to proceed in A’s absence should be exercised with a degree of caution, and only if unavoidable

Question 21

What are the court’s powers when it decides not to proceed?

Answer 21

(1) simply adjourn, or

(2) adjourn & issue AW, if:
(a) offence in Q is punishable w/ imprisonment, or
(b) the court, having convicted D, proposes to impose a disqualification (A needs be in attendance so AW)

Question 22

When does the court has the power to issue a AW?

Answer 22

1) Bail: may be issued if A on bail and fails to attend court

2) Indictable offence: AW can be issued at any time

3) SO offence: must show that summons/requisition was served on D a reasonable time before trial

Unless:
(1) case was previously adjourned
(2) D was present at that adjournment, and
(3) date for present hearing was fixed at that stage

Question 23

The power to proceed in A’s absence should be exercised with a degree of caution, and only if unavoidable - Is this statement true?

Answer 23

Yes

Question 24

If witnesses and other parties are absent, does the court has discretion to adjourn case?

Answer 24

Yes and may either:

(1) set date for hearing to resume, or
(2) leave time/place TBD unless it also remands A (= must fix a date)
(3) Issue a AW (if an imprisonable offence)

Question 25

Does the court has discretion not to proceed on account of delay?

Answer 25

Yes (even where proceedings commenced within time)

• Mags have discretion to refuse to try a case (& so acquit D), in cases of delay amounting to abuse of court’s process

Question 26

Where’s P deliberately delays commencing proceedings, is it likely to amount to an abuse of process?

Answer 26

Yes

Question 27

If D cannot show P’s deliberate delay - what can counsel do?

Answer 27

D may apply for Mags to exercise discretion not to proceed if:
(1) inordinate/unconscionable delay due to P’s inefficiency, and

(2) prejudice to D from delay is proved/to be inferred

NB: if delay partly attributable to D’s own conduct = application unlikely to succeed

Question 28

What’s the effect of delay in cases amounting to abuse of court’s process?

Answer 28

Mags can refuse to try a case and acquit D

Question 29

In a Summary Trial - What are the procedural steps to start the trial?

Answer 29

(1) Plea
▪ If plea not entered earlier, D asked to enter plea
▪ If NG plea entered earlier, D asked to confirm plea

(2) Mags’ legal advisor must summarise for court:
(a) the agreed & disputed issues, and
(b) the way in which the parties propose to present their cases

Question 30

Assuming NG plea, does P has the right to make an opening speech?

Answer 30

Yes

Purpose = explain briefly (not in detail) what case about (incl. relevant legislation or case law)

Question 31

If hearing adjourned for a long time, a second opening speech acceptable?

Answer 31

Yes, but only to remind Mags of evidence is ok (provided D is asked to follow up in reply)

Question 32

Immediately after opening speech, court may invite A to?

Answer 32

Court may invite A to concisely identify what is in issue’ so justices know + can focus on what they must decide

Question 33

If, at the CM stage, D fails to identify the matters in issue, Mags have power to?

Answer 33

1) Limit duration of any stage of the hearing
2) Limit Q’ing of Ws
3)Impose sanctions upon D

Question 34

P can decide how to present their evidence. But, there’s 2 restrictions in relation witnesses whom the prosecution must call. What are they?

Answer 34

P has unfettered discretion until case starts & outline of evidence is given in opening (e.g. read s 9 statements, read s 10 statements, call Ws)

Restrictions:
(1) If P W attends court to give evidence = P obliged to call that W to give evidence (or at least tender W for XX) if D so requests

(2) If P serves bundle of WSs on D prior to trial, P must call as Ws all people whose statements have been served

Question 35

Can court compel P to call a W?

Answer 35

Not

BUT

if court believes P conducting case in a way that D cannot obtain fair trial, court can:
(1) dismiss case as an abuse of process, or,

(2) in appropriate cases, call W themselves (very rare)

Question 36

What types of evidence can P adduce?

Answer 36

(1) Written W statements (i.e. read the statement in court rather than call W to give evidence) → Criminal Justice Act 1967, s 9

E.g. – W statement tendered in evidence rather than calling W (no objections taken); W statement read to court as part of the evidence in trial

(2) Formal admissions (written) → Criminal Justice Act 1967, s 10
E.g – A fact admitted by another party; facts jointly agreed by P&D, formal admission made by a party; written record of facts that are agreed

(3) Calling Ws to give oral evidence

Question 37

Can D object to the admissibility of P’s evidence?

Answer 37

Yes, D objections raise difficulties, as magistrates are judges of both fact & law

Question 38

What are the court’s discretions as to admissibility of evidence generally (under s.78 PACE)?

Answer 38

1) when to determine issue — but object should always be to secure a fair trial
- NB: in most cases, better to hear all P evidence first before deciding on whether to exclude (but carries obvious issues) – e.g. if inadmissible, may have difficulty ignoring it when reaching veridic

2) to hear party evidence but not obliged to
- Clerk can assist with the admissibility of evidence in straight forwards points

Question 39

In relation to the objection admissibility of a confession (under s.76 PACE) - the court must?

Answer 39

1) Court must hear issue as soon as raised

2) Court must hear evidence on obtaining of confession (P must prove the below points)

3)Court must be satisfied that it was not obtained by:
(a) oppression, or
(b) words or conduct likely to render a confession unreliable

Question 40

Is this statement false?

Generally mag court to hear all P’s evidence (including disputed evidence) before considering an application to exclude evidence

Answer 40

This statement is true

Question 41

After D gives evidence, P may make final representations in support of P case (closing speech) if?

Answer 41

(a) A is represented, or
(b) A (represented or not) has called evidence other than his own testimony

Question 42

Can a party introduce evidence/make representations after specified opportunity to do so?

Answer 42

court is entitled to refuse to receive them (will often refuse save exceptional circumstances)

Question 43

What are the duties of of the the justices’ legal adviser? (7 duties)

Answer 43

(1) draw court’s attention (before hearing) to P allegations, what is agreed / in dispute, & how parties plan to present their cases

(2) giving court legal advice when necessary

(3) assisting court in formulation & recording of its reasons

(4) assisting A if unrepresented

(5) assisting court by noting substance of any oral evidence/representations, marking as inadmissible any parts of written statements introduced in evidence that are ruled as such

(6) ensuring a record is kept of court’s decisions & reasons

(7) making any announcement (other than verdict/sentence)

*Court officer may also ask Qs of Ws & the parties to clarify evidence & any

Question 44

What are the matters on which authorised court officer may advise magistrates?

Answer 44

(1) Qs of law

(2) Qs of mixed law & fact

(3) matters of practice & procedure

(4) the process to be followed at sentence & the matters to be taken into account, together w/ the range of penalties & ancillary orders available, according to relevant sentencing guidelines

(5) any relevant decisions of superior courts / other guidelines

(6) appropriate decision-making structure to be applied in any given case; and

(7) other issues relevant to the matter before the court

Question 45

When can D submit that there’s no case to answer?

Answer 45

After P have closed case, D may submit that there is no case to answer — i.e. that no reasonable tribunal could convict on the evidence laid before it

NB: Justices need not to give reasons for rejecting a submission of no case to answer

Question 46

What’s the No Case To Answer test?

Answer 46

TEST = ‘Is P evidence insufficient for any reasonable court property to convict?’

Question 47

As to what extent the court may have regard to the credibility of prosecution witnesses?

Answer 47

Mags should not normally take into account credibility of P Ws

• if P adduce enough evidence as to raise a case on which a reasonable tribunal could convict = case will continue

Question 48

Does P has right of reply to a no case to answer submission? There’s an exception here.

Answer 48

Yes

P has right to reply to a submission of no case

• Unless, having heard D’s submission, Mags decide there is a case to answer & indicate this to P

Question 49

Does the mags court has a duty to give ‘sufficient reasons’ on a finding of G ?

Answer 49

Yes

includes hospital orders + a request to state a case can be made

Question 50

Can mags court convict A guilty of a lesser offence?

Answer 50

The general rule is that Mags can only convict on charge actually before them
- cannot find A NG as charged, but G of lesser offence (even if jury could have)

Question 51

What are the (2) exceptions to the general rule that Mags can only convict on charge actually before them ?

Answer 51

(1) Certain driving offences — careless rather than dangerous driving

(2) Vehicle taking rather than aggravated vehicle taking

Question 52

If D charged with alternative offences at outset, & pleads NG to both, how many offences should A be convicted of?

Answer 52

Mags should not convict of both offences, it must be convicted of one or the other

E.g.: A was charged with the alternative offence of burglary or theft from the outset, mags should either have acquitted of both or convicted him of one or the other but not of both

Question 53

What’s the sequence of summary trial - Prosecution case?

Answer 53

Prosecution case
D1 NG plea
D2 NG plea
Issues summarised by legal advisor

P opening speech
- In any order: s.9 statements, s.10 statements, witnesses

D1 XX
D2 XX

• Submission of no case to answer
• P response to submission

Question 54

What’s the sequence of summary trial - Defence case?

Answer 54

Defence Case
D1 XiC
- D2 XX D1
- P XX D1

D1 calls alibi witness
- D2 XX alibi witness
- P XX alibi witness

D2 XiC
- D1 XX D2
- P XX D2

P closing speech
- D1 closing speech
- D2 closing speech

Verdict