Summary Trial Procedure

Question 1

What is decided at magistrate pre-trial hearings?

Answer 1

Anything involving admissibility of evidence or questions of law relating to the case. (where parties are heard and it’s in the interest of justice)

Question 2

Who can spur the making of pre-trial rulings at MC?

Answer 2

Application by defence or prosecution, or court’s own motion

Question 3

What must happen at pre-trial MC hearings?

Answer 3

If the accused is unrepresented they must be given the chance to apply for legal aid.

Question 4

MCA 1980, s. 8B(1)?

Answer 4

A pre-trial ruling is binding until the case against the accused is disposed of - either by acquittal or conviction.

Question 5

MCA s. 8B(3)?

Answer 5

The court may vary or discharge pre-trial rulings if it is in the interests of justice and parties are permitted to make representations.

Question 6

When can a party apply to vary pre-trial rulings?

Answer 6

ONLY when there’s been a MATERIAL change of circumstances since the ruling (or a previous application) was made.

Question 7

Can you appeal against rulings made under MCA s.8A (pre-trial rulings on admissibility and legal issues)?

Answer 7

There’s no provision to appeal against s.8A rulings, but an error of law in a ruling could be grounds for a general appeal.

Question 8

What happens to a MC trial in absence of the accused?

Answer 8

The case MUST proceed in their absence if over 18 and in the interests of justice. MAY if under 18.

Question 9

What power can the court use if witnesses or parties fail to appear at MC?

Answer 9

The court may adjourn (MCA s.10(1)) and set date for resuming OR if not remanding the accused leave resumption time and place for later decision.

Question 10

If the magistrates court adjourns, when can the trial resume?

Answer 10

The trial can resume only where the court is satisfied that parties have had adequate notice.

Question 11

MCA s.11(1)(b)?

Answer 11

If the prosecutor shows to MC and the accused (>18y) doesn’t, the court must proceed unless not in the interests of justice. If a plea wasn’t entered earlier, will be treated as not guilty.

Question 12

When does the rule that a trial must continue in absence of the accused not strictly apply?

Answer 12

When proceedings were commenced by SUMMONS or WRITTEN CHARGE AND REQUISITION, to continue trial must be satisfied that these were served with reasonable time before the hearing.

Question 13

If the accused fails to appear after a previous adjournment what must the court do?

Answer 13

If the trial has been previously adjourned, the court must be satisfied that the accused had adequate notice of the adjournment date.

Question 14

If an accused loses their case in their absence from MC what happens (MCA s.10(3))?

Answer 14

If the prosecution are successful, the court may either proceed immediately to sentencing OR adjourn to give accused notice to attend MC for sentencing.

Question 15

When should MC NOT continue in absence of the accused (MCA s.11)

Answer 15

MC should not continue in absence of D if D has an acceptable reason for failure to appear - although they’re not REQUIRED to consider this, they must state reasons why they did not continue.

Question 16

What is the default position for MC where D fails to attend?

Answer 16

In absence of D, the default position is that the trial proceeds as long as D was aware of date of trial, has no reason for absence, and its in the interests of justice. No requirement to ask for a reason if no reason is given by D.

Question 17

What factors will the court consider when deciding if continuing trial in Ds absence is in the interests of justice?

Answer 17

reasons for absence; reliability of information supporting reasons; date on which the reasons became known to D; what action D took in response to the reasons for absence.

Question 18

R v Solihull Justices [2008]?

Answer 18

Misbehaviour that gets D removed from the court building is his fault but not choice - valid reason for missing proceedings.

Question 19

What provision contains magistrates court powers for arrest?

Answer 19

MCA 1980, s. 13(1); and if accused is on bail, BA s.7(1).

Question 20

When the court adjourns or re-adjourns what power do they have over D?

Answer 20

They can issue an arrest warrant ONLY IF the offence is punishable with imprisonment or after conviction - disqualification.

Question 21

To issue an arrest warrant for D after an adjournment what must be satisfied?

Answer 21

Must be proved that the summons or requisition was served on D with reasonable time or the accused was present on the last time of adjournment when the date for present hearing was chosen.

Question 22

What may MC do if it appears that D is evading service of summons or requisition?

Answer 22

If the offence is indictable, the prosecution may start proceedings by asking for arrest warrant (MCA s.1(6)).

Question 23

What happens at the start of a summary trial?

Answer 23

The accused is asked either to enter or confirm their plea, and the court officer summarises agreed and disputed issues.

Question 24

If D pleads not guilty, what does the prosecution then do?

Answer 24

The prosecution then has a right to make an opening speech

Question 25

What should be included in the prosecutions opening speech?

Answer 25

Brief explanation of what the case is about, relevant legislation or case law

Question 26

If a trial is adjourned, what may the prosecution do at the restart of proceedings?

Answer 26

The prosecution is permitted to remind the court of evidence that was given as long as the defence can address court in reply.

Question 27

What may the court invite immediately after prosecution's opening speech?

Answer 27

The court MAY invite the accused to concisely identify what is in issue. If there's nothing of substance to add, they need not.

Question 28

What happens if D refuses to identify issues at case management stage?

Answer 28

The court may limit the proceedings as they see fit on day of trial - significant divergences will be discouraged via exercising court powers.

Question 29

What must the prosecution do after their opening speech at MC (if they give one)?

Answer 29

They must call evidence. They must call all witnesses that they served the statements of on the defence.

Question 30

ex parte Francois [1994]?

Answer 30

The prosecution are obliged to call their witnesses to give evidence if the defence requests

Question 31

What is the rule on using written statements at summary trial?

Answer 31

A party that wants to offer written statement as evidence rather than calling the "author" of the statement may use CJA 1967 s.9

Question 32

CJA 1967 s.9?

Answer 32

Written statements are admissible as evidence IF signed with a statement of truth and served on all parties

Question 33

What is a formal admission?

Answer 33

Where partiers jointly admit a fact introduced into evidence by another party.

Question 34

What is the court's obligation regarding formal admissions?

Answer 34

Formal admissions of facts must be recorded in writing.

Question 35

What is the procedure when defence object to prosecution evidence

Answer 35

Raises the difficulty that magistrates are judges of both fact and law - if issue is admissibility, issue is that magistrates will have to hear the contents of the evidence to decide and therefore be exposed to it.

Question 36

When do magistrates rule on admissibility of evidence?

Answer 36

It's at their discretion for when they decide admissibility. BUT delaying the question until after Prosecution is concluded may be unfair, Defence should know if evidence is or is not part of the case.

Question 37

PACE s. 78?

Answer 37

Court has discretion to hear evidence on the issue of admissibility (of prosecution evidence) but IS NOT OBLIGED to do so

Question 38

PACE s. 76?

Answer 38

Court is obliged to hear evidence about obtaining of the confession so they can establish its lawfulness.

Question 39

Usually, when should magistrates consider an application to exclude prosecution evidence?

Answer 39

Magistrates should usually hear all prosecution evidence (including whats in dispute) before considering a PACE s.78 application to exclude

Question 40

When does the prosecution make a closing speech?

Answer 40

Prosecution makes a closing speech after defence have adduced any evidence they wish and after any rebuttal evidence. These are Ps "final representations".

Question 41

What happens after the prosecutions' closing speech?

Answer 41

The defence then has an opportunity to give a closing speech in support of their case.

Question 42

Can evidence be brought after closing speeches?

Answer 42

If any party wants to introduce evidence or make representations after their closing statements, the court IS ENTITLED to refuse.

Question 43

What is the magistrates' legal adviser?

Answer 43

A person authorised by CA 2003 s. 28 to give advice about law to justices of the peace.

Question 44

What is an authorised court officer?

Answer 44

A justices' clerk

Question 45

Where can you find the functions of authorised court officers?

Answer 45

s. 28 Courts Act 2003

Question 46

What are the 2 functions of legal advisers (ACOs)?

Answer 46

To give advice to magistrates about matters of law to discharge their functions AND to bring magistrates attention to any point of law that MAY be relevant.

Question 47

CPR 24.14?

Answer 47

Summarises duties of magistrates legal advisers

Question 48

What are examples of the duties a magistrates legal adviser (ACO) has?

Answer 48

legal advice; drawing courts attention to matters in issue; assisting formulation of reasons; recording reasons; assisting unrepresented Ds; making announcements; tracking admissibility of evidence.

Question 49

When may the legal adviser (ACO) ask witnesses questions?

Answer 49

When necessary to clarify the evidence and any issues in the case (as long as the case is dealt with justly).

Question 50

CPR 24.3(3)(d)?

Answer 50

magistrates may acquit D if prosecution evidence is insufficient for any court to properly convict either by Ds application or own initiative.

Question 51

If magistrates seek to acquit D due to insufficient evidence, what must they first permit?

Answer 51

The prosecutor must be given a chance to make representations.

Question 52

When will a 24.3(3)(d) order to acquit be denied?

Answer 52

If a reasonable tribunal at that point in time MIGHT but NOT necessarily WOULD CONVICT, there is still a case to answer and there will be no order to acquit.

Question 53

Moran v DPP [2002]?

Answer 53

There's no obligation for magistrates to give reasons for rejecting a submission of no case to answer.

Question 54

What is something integral to a consideration of a no case to answer submission?

Answer 54

The extent of credibility of prosecution witnesses.

Question 55

What is the test for deciding submissions of no case to answer?

Answer 55

Galbraith [1981]: whether prosecution evidence is so tenuous that, even taken at its highest, a jury couldn't properly convict.

Question 56

Galbraith [1981]?

Answer 56

Test for submission of no case to answer: If prosecution evidence is so tenuous that, taken at its highest, a jury could not properly convict.

Question 57

Why does the Galbraith no case to answer test include "evidence TAKEN AT ITS HIGHEST"?

Answer 57

By considering evidence only as its most believable state, the question of credibility of witnesses remains a jury issue.

Question 58

What is the flexibility of the Galbraith test?

Answer 58

As long as a reasonable tribunal COULD convict on the minimum amount of prosecution evidence, the case should proceed.

Question 59

What should magistrates do if they think they will support a no case to answer submission?

Answer 59

They should call on the prosecution to address them as an opportunity to show why the case shouldn't be dismissed (i.e. right to reply to defence submission).

Question 60

CPR 24.3(5)?

Answer 60

If the MC convicts or gives hospital order, they MUST give 'sufficient reason' to explain its decision - though it need not be elaborate. Parties can apply for elaboration.

Question 61

What satisfies CPR 24.3(5)?

Answer 61

A few sentences is enough to inform D why he has been found guilty.

Question 62

Does the court have to give a reason for acquittal at summary trial

Answer 62

Court isn't required to give reasons for acquittal but may if they wish.

Question 63

Lawrence v Same [1968]

Answer 63

Magistrates can only reach a decision of guilty or not guilty on the charge - NO power to find accused guilty of a lesser offence.

Question 64

What are exceptions to the Lawrence v Same rule against lesser offence rulings at MC?

Answer 64

Magistrates can find Ds guilty of other specified driving offences when trying someone for one. Same for aggravated vehicle taking -> vehicle taking

Question 65

How do alternative offences work at summary trial?

Answer 65

If D is charged with alternative offences at the outset and pleads not guilty to both, MC shouldn't convict on both.

Question 66

Do magistrates have discretion to refuse to try a case due to delay?

Answer 66

Yes - even if proceedings were commenced within time limits. NOT if there was a delay making an abuse of process.

Question 67

When would a delay to trial be an abuse of process?

Answer 67

Where the delay is deliberate (e.g. purposefully delaying service). If deliberate delay can't be shown, defence can still apply for non-proceeding.

Question 68

When may the defence apply to magistrates to exercise their discretion and not proceed after delay to proceedings?

Answer 68

If there's been (1) inordinate or unconscionable delay due to P inefficiency AND (2) prejudice to defence is proved or inferred.

Question 69

When will a defence application to stay proceedings after delays be rejected?

Answer 69

If the delay was in part attributable to the accused's own conduct the application is almost certain to fail