Summary Trials

Question 1

Where do all adults have the first hearings?

Answer 1

Magistrates Court

Question 2

What happens when D pleads guilty in Mags to summary offence?

Answer 2

Court Proceeds to sentencing - this is often immediately but case can be adjourned for mags to obtain further info

Question 3

What is the most common sentence in magistrates?

Answer 3

Fine

Question 4

What is the max prison sentence the magistrates can impose?

Answer 4

6 months.

Question 5

What happens if D pleads not guilty in the magistrates to a summary offence?

Answer 5

Court will set trial date. This includes completing the case progression form- Preparation for Effective Trial form’

Question 6

What information does the preparation for effective trial form include?

Answer 6

Defendant’s legal representative and contact details, details of witnesses (names and numbers), types of witness and which party requires their attendance at trial. Advance warning of any applications e.g. special measures, bad character, hearsay. If any prosecution statements can be read, special arrangements e.g. interpreter and confirmation D’s advocate has advised D of credit for guilty plea and that trial will go ahead in D’s absence if D fails to attend.

Question 7

How long will magistrates trial normally last?

Answer 7

1 day

Question 8

What do the Magistrates courts directions normally concern

Answer 8

Bad Character, Hearsay, Special Measures to protect witnesses, disclosure, expert evidence, editing transcripts of interviews.

Question 9

What is a case progression officer in the magistrates?

Answer 9

Monitors Directions made by the court.

Question 10

Who is responsible for Directions?

Answer 10

CPS and Defence must nominate an individual who is responsible for compliance.

Question 11

When can D plead guilty by post?

Answer 11

In summary only offences where matter has been commenced by summons of requisition and the prosecution have served summary of evidence relevant to sentence. The court can accept guilty plea in Defendants absence and it’s normally used for minor offences e.g. speeding or Driving without Insurance.

Question 12

Who sits in the magistrates court?

Answer 12

3 lay magistrates (2 minimum) (Bench) or a District Judge.

Question 13

Who is the authorised court officer?

Answer 13

Provides assistance to the magistrates regarding law and procedure when required. Must be present at a trial with a Bench.

Question 14

What is the procedure for Summary Trial?

Answer 14

1. Legal Arguments e.g. exclusion of evidence. [C]
2. Prosecution opening speech- summarise case, identify relevant law and outline facts indicating matters in dispute.
   3.Defence outlining of facts [C]
3. Prosecution Evidence (Evidence in chief, cross and re-examination).
4. Submissions of no case to answer. [C]
5. Defence evidence (same structure as prosecution).
6. Prosecution closing speech- [C]
7. Defen
   dant closing speech.

[C]= conditional

Question 15

What qualifications do a District Judge have? How are they referred to?

Answer 15

Legally Qualified- must have five- year rights of audience, is referred to as Judge.

Question 16

What qualification do Magistrates have? How are they referred to?

Answer 16

None, normally lay and don’t receive pay? Do receive training and access to advisor. Referred to as Sir/Maddam

Question 17

When will defence be required to identify the matters in issue and why?

Answer 17

Magistrates can request this if they think it will help them understand the case and resolve any issues- it can be helpful as defence statement is not required.

Question 18

What will prosecution evidence include?

Answer 18

Calling of witnesses, reading WS when evidence not in dispute, reading admissions and facts agreed.

Question 19

Who makes submission of no case to answer and when?

Answer 19

Defendant can apply or court can do on own initiative. Court may acquit on grounds prosecution evidence is insufficient for any reasonable court to convict.

Question 20

When can the prosecution and defence give a closing speech?

Answer 20

Prosecution: when defendant is represented of when D has introduced evidence other than their own testimony.
Defendant: is always entitled.

Question 21

Does the defendant have the right to give evidence?

Answer 21

Yes, and they must be advised of the risk of adverse inferences if they fail to do so, fail to answer questions.

Question 22

When is legal advice given

Answer 22

to magistrates after the closing speeches- legal advice must be given in open court. If given in private then advice must be repeated in open court.

Question 23

What are magistrates advised if given legal advice in private?

Answer 23

That it’s provisional and must be confirmed in open court to allow the prosecution and defence to make representations.

Question 24

How is the verdict given? What’s the formation of the verdict?

Answer 24

Verdict must be given in open court. If 3 mags- majority prevails. If 2 and they disagree then must be re- hearing before a new bench.

If found guilty the magistrates must explain the reasoning for their decision