summary trials and appeals (week 9)

Question 1

what must the initial details at plea set out?

Answer 1

include a summary of circumstances of the offence and D’s criminal record.
if D is on bail, it will include other docs.
must be supplied to D if they request it.
D is asked to enter their plea

Question 2

what do directions usually concern?

Answer 2

bad character evidence, hearsay evidence, special measures to protect witnesses when they are giving evidence, discloure, expert evidence, editing transcripts of interview and serving certificates of readiness for trial.

Question 3

what does the case progression offer do?

Answer 3

monitor directions made by the court

Question 4

what sort of things do pre-trial rulings rule on?

Answer 4

cover matters such as admissibility of evidence and fitness to plead

Question 5

how are pre-trial hearings made? (how can they be brought about)

Answer 5

can be made on the application of the defence or prosecution or of the court’s own motion

Question 6

a pre-trial ruling is binding until the case is disposed of by….. (there are 3 scenarios)

Answer 6

• conviction or acquittal of the D
• prosecution decision not to proceed
• dismissal of the case

Question 7

when can a court discharge or vary a pre-trial ruling?

Answer 7

when it is in the interests of justice to do so and the parties have been given an opportunity to be heard.

Question 8

when can a party apply to have a pre-trial ruling varied or discharged?

Answer 8

party can apply to have pre-trial ruling varied or discharged only if there has been a material change of circumstances

Question 9

when can a defendant plead guilty by post?

Answer 9

the matter has been commenced by summons or requisition; and
the prosecutor has served a summary of the evidence on which the prosecution case is based; and
prosecutor has served information relevant to sentence

(normally used for minor offences like speeding)

Question 10

what do summary trials involve? (what type of offences)

Answer 10

-‘summary only’ offences (can only be tried in magistrates court); or
- either way offence (offences that can be tried in either magistrates court or crown court) where magistrates have retained jurisdiction following allocation procedure

Question 11

who makes the decisions at a summary trial (eg, what judges)?

Answer 11

either take place before:
a bench (at least 2 but normally 3 magistrates); or
before a single district Judge

Question 12

what is the rule about admissibility in magistrates courts (in respect of a s78 application)?

Answer 12

in magistrates courts they have the discretion as to when to determine questions of admissibility.
therefore, on a s78 application when it arises they can rule on it or hear all the evidence before ruling on admissibility.

Question 13

when can witness statements be read in summary trials?

Answer 13

witness statements can be read when the evidence of that witness is not in dispute or where the prosecution have made a successful application to read a witness statement or part of it under the hearsay provisions

Question 14

are the defence entitled to make a closing speech in a summary trial?

Answer 14

yes, they are always entitled to make a closing speech

Question 15

when the magistrates court find someone guilty do they need to give reasons?

Answer 15

yes, if convict a defendant they must give sufficient reasons to explain the decision.

Question 16

when are the prosecution not allowed to make a closing speech?

Answer 16

cannot make a closing speech in a case that involves an unrepresented defendant who doesnt rely on any evidence other than what the D in person says in the witness box

Question 17

what does the ‘slip rule’ mean in the magistrates court?

Answer 17

the idea that the magistrates themselves have the power to rectify any mistakes they have made (eg, vary a sentence or set aside a conviction in the interests of justice)

Question 18

if D feels the magistrates have reached the wrong decision on substantive merits then what types of appeal can happen (there are 3)?

Answer 18

a) Appeal to CC, by way of re-hearing
b) Appeal to high court, by way of case stated, or
c) Application to high court for judicial review of the decision

Question 19

in Hereford Magistrates’ court ex p Rowlands: considered which appeal route and adviced the following approach: (what is the approach - there are 3 stages)?

Answer 19

a) Where D complains that the magistrates made an error of fact or mixed fact and law, the D should apply to CC
b) Where D complains the magistrates made an error of law or acted in excess of their jurisdiction, D should appeal by way of case stated
c) Where D alleges unfairness, bias or procedural irregularity the D should apply for judicial review of the decision

Question 20

is it an automatic right to appeal from magistrates court to crown court (eg, does it require leave)?

Answer 20

yes it is an automatic right and therefore, it does not require leave

Question 21

what is the time frame that a notice of appeal must be lodged?

Answer 21

must be lodged within 15 business days of the sentence (irrespective of whether the appeal is against conviction or sentence)

Question 22

what happens if the notice for appeal is served outside of the 15 business day time limit? (appealing magistrates decision)

Answer 22

must be accompanied by an application for an extension of time, with reasons for the delay

Question 23

what is an appeal by way of case stated?

Answer 23

form of appeal to the high court on basis that the decision made was wrong in law or in excess or jurisdiction.
D applies to magistrates’ court to ‘state a case’ for the opinion of the high court.

(takes the form of a question about decisions of law or procedure which D asserts were wrongly decided)

Question 24

when would a D appeal for an application for judicial review? (what are the grounds you would do it on - there are 3)

Answer 24

(1) error of law on the face of the records
(2) excess of jurisdiction
(3) breach of natural justice

Question 25

All of the parties agree that a mistake in law has been made by the magistrates court at trial. How should the defendant proceed?

Answer 25

an application to the magistrates’ to set the conviction aside

Question 26

An application for judicial review must be lodged within what timescale?

Answer 26

promptly and in any event within 3 months after the grounds arose

Question 27

when should a D appeal to the crown court from the magistrates court?

Answer 27

if D complains there was an error of fact or fact and law

Question 28

when should a party appeal a magistrates decision to the high court (by way of case stated)?

Answer 28

D complains there was an error of law or the magistrates acted in excess of jurisdiction

Question 29

when should a party appeal a magistrates decision to the high court (making an application for judicial review)?

Answer 29

if D alleged unfairness, bias or procedural irregularity

Question 30

when is the only time the ‘slip rule’ applies to the crown court (for crown court decisions)?

Answer 30

only applies to sentences
(judge can vary or rescind a sentence within 56 days of it being made)
judge who makes the decision has to be the person to vary it.

Question 31

what are the time limits for lodging grounds of appeal (appealing from crown court)?

Answer 31

notice of appeal must be served on registrar of the criminal division of the court of appeal.
notice must be served within 28 days.

Question 32

can a D appeal a conviction to the CofA even if they pleased guilty to the charge in the CC?

Answer 32

yes they can

(most common when entered a guilty plea following a legal ruling by the trial judge which left no option but to plead guilty)

Question 33

what is the test on appeal for appeals against convictions? (appealing from a CC decision)

Answer 33

in an appeal against conviction the court can allow an appeal only if they think that the conviction is unsafe

Question 34

what is the test on appeals for appeals against sentence? (appealing from a decision in the CC)

Answer 34

in an appeal against sentence the appeal can be allowed if the court thinks the D should have been sentenced differently

Question 35

what is a loss of time order?

Answer 35

this is when the CofA can direct that some or al of the time spent in prison between the date of lodging the appeal and the date of its dismissal may be ordered not to count towards the appellant’s sentence.

(when application is considered to be wholly without merit)

Question 36

can fresh evidence be given in an appeal at CofA?

Answer 36

yes fresh evidence can be admitted to evidence on the appeal in the CofA.

Question 37

what is a preparatory hearing?

Answer 37

it is a form of case management hearing held in long, complex or fraud cases

(power for both prosecution and defence to appeal rulings made a these hearings to CofA)

Question 38

what is a prosecution appeal against a terminatory ruling?

Answer 38

a prosecution appeal against a CC trial ruling that brings the case to an end.

(rulings such as staying proceedings as an abuse of the court’s process and rulings of no case to answer)