T8- Summary Trial Procedure

Question 1

What types of offences can be tried in the magistrates’ court?

Answer 1

Only summary only offences and either way offences (if suitable for summary trial and the defendant consents).

Question 2

What is a summary only offence?

Answer 2

A summary only offence is one that can only be tried in the magistrates’ court and cannot be sent to the Crown Court for trial (e.g. most driving offences, minor assaults).

Question 3

What is an either way offence?

Answer 3

An either way offence is one that can be tried in either the magistrates’ court or the Crown Court, depending on the seriousness and other factors.

Question 4

What must happen for an either way offence to be tried in the magistrates’ court?

Answer 4

Two conditions must be met:

1. The magistrates must decide that the case is suitable for summary trial.
2. The defendant must consent to being tried in the magistrates’ court.

Question 5

Roles of the Authorised Court Officer

What is another name for the Authorised Court Officer?

Answer 5

The legal advisor.

Question 6

What is the role of the legal advisor during a magistrates’ court hearing?

Answer 6

To advise the justices on:

1) Questions of law

2) Mixed questions of law and fact

3) Matters of practice and procedure

4) Sentencing processes and procedures

Question 7

Can the legal advisor help with drafting reasons and assisting “unrepresented defendants”?

Answer 7

Yes, they MAY:

1) Assist in drafting reasons

2) Help an unrepresented defendant

3) Keep a note of the evidence

ASSIST UNREPRESENTED DEFENDANTS

Question 8

Does the legal advisor take part in deciding questions of fact?

Answer 8

No, they play no part in decisions on questions of fact.

Question 9

Under which section is trial in absence governed in the Magistrates’ Court?

Answer 9

S11(1)(b) of the Magistrates’ Court Act 1980

Question 10

What does S11(1)(b) MCA 1980 create regarding adult defendants?

(Where there is abcense of adult 18+)

Answer 10

A rebuttable presumption that if adult defendants (18+) fail to attend without good cause, the court MUST proceed in their absence unless it is not in the interests of justice.

IF 18+ PRESUMPTION THAT COURT MUST PROCEED IN ABCENSE UNLESS IOJ

Question 11

Can the court proceed with trial in absence for defendants under 18?

Answer 11

Yes, but only if not contrary to the interests of justice (see Youths session for more detail).

YES THE COURT MAY PROCEED WITHOUT YOUTH

Question 12

What must the court be satisfied of if there has been no prior appearance and the case started by summons/requisition?

Answer 12

That the defendant has received the summons/requisition before proceeding in their absence.

Question 13

When should the court avoid proceeding in the defendant’s absence?

Answer 13

When the defendant has a good reason for not attending, such as:

1) Illness or incapacity

2) Involuntary absence

IF THERES THESE REASON THEN SHOULD NOT PROCEED WITH PROCEEDINGS

Question 14

What level of caution should the court use when deciding to proceed in absence?

Answer 14

The power should be used with a degree of caution, and case law shows it is rarely appropriate where absence is involuntary or due to illness.

Question 15

Abuse of Process

What is an abuse of process application in the magistrates’ court?

Answer 15

An application to stay proceedings due to an abuse of process. If granted, the defendant is acquitted.

Question 16

When is an abuse of process application typically made?

Answer 16

It should be resolved prior to trial commencing, but sometimes it is made on the day of trial before proceedings begin.

ABUSE OF PROCESS USUALLY MADE PRIOR TO TRAIL START

Question 17

Can the prosecution challenge an abuse of process ruling?

Answer 17

Yes – by appealing to the High Court on a point of law if they believe the magistrates’ decision is wrong.

P CAN CHALLENGE ABUSE OF PROCESS BY APPEAL TO HC ON POINT OF LAW IF THEY BELIEVE MC DECISION IS WRONG

Question 18

What are the two main grounds for an abuse of process application?

Answer 18

1. The defendant cannot get a fair trial
2. It would be unfair to try the defendant

Question 19

What is an example of unfairness unrelated to trial fairness?

Answer 19

Where the police or prosecution have acted in bad faith or behaved reprehensibly.

Question 19

Give an example of when a fair trial may no longer be possible.

Answer 19

If the prosecution has lost key evidence, such as CCTV or a blood sample the defence needed.

CCTV MISSING OR BLOOD SAMPLE NEEDED BUT LOST SHOULD APPLY ABUSE OF PROCEESS = BECAUSE ITS NOT GOING TO BE A FAIR TRIAL IF PROCEED

Question 20

How common are abuse of process applications in the magistrates’ court?

Answer 20

They are relatively rare.

Question 21

Adjournments

Do trials always go ahead on the scheduled day in the magistrates’ court?

Answer 21

No – it’s not uncommon for either party to be unable to proceed, e.g. due to a witness illness or other issues.

Question 22

Who has the power to adjourn a case in the magistrates’ court?

Answer 22

The magistrates, under the Magistrates’ Courts Act 1980.

Question 23

What is required for the court to agree to an adjournment?

Answer 23

Cogent reasons must be provided – the court will not adjourn lightly.

Question 24

What do the Criminal Procedure Rules say about managing cases?

Answer 24

Cases should be dealt with efficiently and expeditiously.

Question 25

What is the overriding objective of the Criminal Procedure Rules?

Answer 25

That cases be dealt with justly – efficiency is just one factor considered.

Question 26

Summary Trial Structure

Answer 26

1. Prosecution opening speech 2. Prosecution evidence called (witnesses giving evidence in person from the witness box, statements read out (s9), formal admissions (s10), exhibits produced) 3. Prosecution closes its case (not a speech, the prosecutor merely states that that is the case for the prosecution) 4. Submission of no case to answer (if appropriate – see below) 5. Defence evidence (if defendant is going to give evidence, he must go first) 6. Defence close their case (by stating that that is the case for the defence) 7. Prosecution evidence in rebuttal (there are strict rules about when the prosecution can call further evidence) 8. Prosecution final speech (if the prosecutor chooses to make one and if the defendant is legally represented or if not has called evidence other than himself) 9. Defence final speech 10. Magistrates decide. THE DEFENCE GETS LAST SAY, BUT P GOES FIRST IN CLOSING SPEECH THEN ONLY D CLOSING SPEECH

Question 27

Why are legal issues like admissibility of evidence often addressed at a pre-trial hearing?

Answer 27

To prevent lay magistrates from hearing contested evidence (e.g., a confession) and being influenced by it during their verdict, since they act as both the triers of fact and law in the trial. RMBR LAY MG ARE TRIBUNAL OF FACT AND LAW, so ISSUES OF ADMISSABILITY IS ADDRESSED AT PRE-TRIAL BEFORE TRIAL IN MC

Question 28

Who typically handles legal issues like admissibility in the Crown Court?

Answer 28

A judge decides legal issues like admissibility, while the jury determines the facts of the case.

Question 29

Can a Pre-Trial Ruling be changed?

Answer 29

Yes, it can be varied or discharged if it is in the interests of justice, e.g., if new information arises

Question 30

What happens when a pre-trial hearing isn't possible and legal issues arise unexpectedly?

Answer 30

The magistrates MAY hear the application to exclude evidence during the trial itself.

Question 31

When can a legal issue be decided in the trial?

Answer 31

The application to exclude evidence can be decided at different stages: 1. Preliminary issue 2. When the evidence is referred to 3. Close of the Prosecution case 4. End of the hearing

Question 32

What is the typical first step in the prosecution case?

Answer 32

The prosecution generally gives a short opening speech, outlining the case and addressing any points of law. However, in simple cases, an opening speech might not be necessary.

Question 33

How do prosecution witnesses give evidence?

Answer 33

Each prosecution witness: 1) Gives their evidence-in-chief 2) Cross-examined by the defence (unless the evidence is undisputed) 3) Re-examined by the prosecutor (if necessary). 4) Magistrates may ask questions for clarification.

Question 34

What happens when witness statements are agreed upon?

Answer 34

Under s9 Criminal Justice Act 1967, if the defence agrees with a witness statement, the prosecutor can read the statement to the court instead of having the witness attend in person. IF WS IS AGREED THEY CAN JUST GO THROUGH IT WOULD BE AN EXCEPTION TO THE HEARSAY RULE

Question 35

What happens after the prosecution witnesses have given their evidence?

Answer 35

The prosecution case is closed once all witnesses have testified. After this, the prosecution cannot typically call further evidence, except for evidence in rebuttal after the defence case.

Question 36

When might a submission of no case to answer be considered?

Answer 36

A submission of no case to answer is considered before the defence case begins, typically when the defence believes the prosecution evidence is insufficient to justify a conviction.

Question 37

What is the test for a submission of no case to answer?

Answer 37

The test is objective – whether a reasonable tribunal could convict based on the evidence presented. If the evidence is insufficient, the Magistrates may acquit the defendant.

Question 38

Should questions of credibility be part of the submission of no case to answer?

Answer 38

No, credibility questions should typically be left to the end of the case unless the case is clear-cut and obvious. QUESTION OF CREDIBILITY IS LEFT AT END UNLESS ITS CLEAR CUT OBV THEN ONLY CAN MAKE SUBMISSION OF NO CASE TO ANSWER

Question 39

What must the prosecution do in response to a submission of no case to answer?

Answer 39

The prosecutor MUST be given a chance to respond to the submission before the Magistrates make a decision

Question 40

What happens if no submission of 'no case' is made?

Answer 40

If no submission of 'no case' is made, the defence will proceed to present their case by calling witnesses, starting typically with the defendant.

Question 41

How does the process of examining defence witnesses work?

Answer 41

The process for defence witnesses follows the same structure as for prosecution witnesses: 1) Examination in chief 2) Cross-examination 3) Re-examination

Question 42

Is the defence obligated to call any witnesses or present evidence?

Answer 42

No, the defence is not obligated to call any witnesses or present evidence. However, an inference can be drawn from the defendant’s silence under s35 Criminal Justice and Public Order Act 1994. DO RMBR AN ADVERSE INFERENCE CAN BE DRAWN WHERE THE D DOES NOT GIVE EVIDENCE IN COURT ( for their silence or no answer)

Question 43

What change did the Criminal Procedure Rules introduce regarding closing speeches in summary trials?

Answer 43

Since April 2010, the prosecutor is entitled to a final speech in a summary trial, provided the defendant is legally represented or has introduced evidence other than their own (R24.3(h)).

Question 44

Is the defence entitled to a closing speech?

Answer 44

Yes, the defence is always entitled to a closing speech, and it is made after the prosecution's closing speech, should the prosecutor choose to make one.

Question 45

The Verdict Who is responsible for determining the verdict in a magistrates' court?

Answer 45

In a magistrates' court, the magistrates are arbiters of both law and fact. They are assisted by a legal adviser for legal matters, but the final decision is made by the magistrates.

Question 46

Do district judges require legal assistance in deciding the verdict?

Answer 46

District Judges (Magistrates' Court), being qualified lawyers, do not need legal assistance and rarely retire to consider their verdict.

Question 47

What must the court do after reaching a verdict?

Answer 47

The court MUST give reasons for the verdict. This is different from Crown Court trials where the jury does not provide reasons for its decision. MC NEED TO GIVE CC WHERE THERE JURY THEY DONT NEED TO GIVE REASON IN MC RMBR ITS HEARD BY 3 MAJISTRATES OR A DJ

Question 48

Can a magistrates’ court find a defendant guilty of an offence not listed on the charge sheet?

Answer 48

Generally, the magistrates’ court can only find a defendant guilty or not guilty of the offences specifically listed on the charge sheet or summons. Exceptions exist for certain offences, like some driving offences, where a magistrate may find a defendant guilty of a lesser charge not on the charge sheet.

Question 49

What happens after a not guilty verdict in a magistrates' court?

Answer 49

A not guilty verdict results in the dismissal of the case. The only remaining issue is costs, which may be covered by central funds for privately paying defendants but will be taxed (assessed by the court based on fixed rules).

Question 50

What happens after a guilty verdict in a magistrates' court?

Answer 50

After a guilty verdict, the court will consider sentencing. The first decision is whether the defendant can be sentenced immediately or if the case should be adjourned for pre-sentence reports (e.g., psychiatric, driving records).

Question 51

Can a defendant be sent to the Crown Court for sentencing after a guilty verdict in a magistrates' court?

Answer 51

Yes, a defendant can still be committed to the Crown Court for sentence after a conviction for an either-way offence, even if the magistrates initially considered jurisdiction at the allocation stage.