Summary Trials

Question 1

2 situations in which the prosecution may make a closing speech

Answer 1

1) D is represented; OR

2) D is unrepresented but has introduced evidence other than their own (another witness)

Question 2

7 things authorised court officers can advise on

Answer 2

1) law
2) mixed law/fact
3) practice/procedure
4) sentencing process and range of penalties available
5) relevant decisions, precedents and guidelines
6) appropriate decision-making structure
7) other relevant issues

Question 3

The only 2 categories of offence for which the magistrates can convict of a lesser offence

Answer 3

1) specified driving offences (careless i/o dangerous)

2) specified theft offences (taking vehicle i/o aggravated vehicle taking)

Question 4

2 conditions for magistrates to commit for sentence under s.3 PCC(S)A 2000: seriousness

Answer 4

1) D convicted of 1/more either-way offence

2) Mags’ sentencing powers inadequate due to seriousness

Question 5

Conditions for magistrates to commit for sentence under s.4 PCC(S)A 2000: mixed pleas

Answer 5

1) D charged with two related offences: pleads guilty to A, not guilty to B
2) D sent to Crown Court for trial for offence B
3) Mags can commit for sentence for A, with or without the added statement that their sentencing powers are inadequate

Question 6

Conditions for magistrates to commit for sentence under s.6 PCC(S)A 2000: secondary power

Answer 6

1) D committed for sentence under primary committal power
2) the present offence breached (a) a crown court conditional discharge; or (b) a suspended sentence
3) Mags can commit for sentence any offence (summary/e-w)

Question 7

Crown Court’s sentencing powers if D committed under s.3 PCC(S)A 2000

Answer 7

Unlimited

Question 8

Crown Court’s sentencing powers if D committed under s.4 PCC(S)A 2000

Answer 8

Limited to those of Mags UNLESS:

(1) D convicted of offence B; AND
(2) Mags had stated that their sentencing powers in respect of offence A were inadequate

Question 9

Crown Court’s sentencing powers if D committed under s.6 PCC(S)A 2000

Answer 9

Limited to those of mags in respect of the committed offence

Question 10

2 possibilities for a “related” offence

Answer 10

1) founded on the same facts

2) part of a series of offences of the same or a similar character

Question 11

2 possibilities for delay amounting to an abuse of process in the magistrates’ court (allowing mags to refuse to try or acquit without trial)

Answer 11

1) deliberate delay by the prosecution

2) delay not deliberate, but:
(A) inordinate or unconscionable delay caused by P’s inefficiency; OR
(B) prejudice to D is proved or inferred