Topic 7- Trials- MC Flashcards
How many justices will an accused appear before in a pre-trial hearing in the MC?
One
What happens at a pre-trial hearing?
The accused will either give a guilty or not guilty plea
The court will give directions for an effective trial
Deciding on admissibility of evidence
What must the court tell the accused before they make their plea?
That credit will be given for a guilty plea
If an accused is unrepresented, what must they be asked at the pre-trial hearing?
Whether they want to apply for legal aid
Are pre-trial rulings binding?
Yes, until the case is disposed of
When may the court discharge or vary a pre-trial ruling?
If it is in the interests of justice to do so
What happens if an accused fails to appear at trial in MC?
The case may (if under 18) or must (if over 18 and in interests of justice) proceed in the accused’s absence
The court will also take into account whether there was enough time before the hearing for the summons to be served
If an under 18 fails to appear at trial in MC, what will the court do?
They MAY proceed
If an over 18 fails to appear at trial in MC, what will the court do?
They MUST proceed if in the interests of justice
What happens if both parties are absent or a witness fails to attend court in a MC?
The court may adjourn the case and set another date
If a case has been adjourned, what must the court give to the accused?
Adequate or reasonable notice of the adjournment date
If an accused does not appear for trial, but the court does not want to proceed or adjourn, what can the court do?
They can issue an arrest warrant
Provided the offence is punishable with imprisonment
What may the court do if there has been a deliberate delay?
If they consider it amounts to an abuse of process, the court may acquit the accused without trial
What is the first stage in a summary trial?
Prosecution’s opening speech
What is said in the prosecution’s opening speech?
Give a summary of the case, and to explain briefly what the case is about
What happens after the prosecution’s opening speech?
The prosecutor must call evidence
What must the court do where a formal admission is made?
A written record must be made of the admission
What will the court do if the defence object to proposed prosecution evidence?
The magistrates will have to decide on the question of admissibility
Are the court obliged to hear evidence about the obtaining of a confession?
Yes, it is then a matter of the magistrates’ discretion to determine admissibility
What is a submission of no case to answer?
Where the prosecution evidence is insufficient, meaning no reasonable court could properly convict
The MC may then acquit the accused
What is the Galbraith test for no case to answer?
That the prosecution evidence is so tenuous that a jury could not properly convict on it
Does the prosecution have a right to reply to a no case to answer submission?
Yes, they will have an opportunity to reply and address the court
When may the prosecution make a closing speech?
If the accused is represented OR
If the accused has called evidence other than his own
If the prosecution makes a closing speech, what is the next stage?
The accused is given the chance to reply, and so will always have the last word
Who always has the last word in a summary trial
The accused
When the court convicts the accused, do they have to explain their reasons?
Yes, they must give sufficient reasoning
However, they do not need to give their reasoning as a judgment
If a court acquits an accused, do they have to give an explanation?
They don’t have to do
Do the magistrates have the power to find an accused not guilty as charged, but guilty of a lesser offence?
No, however, there are exceptions:
Driving offences
If an accused has been charged with dangerous driving, can the MC instead convict of careless driving?
Yes, this is an exception to the lesser offence rule
What are the exceptions for the MC to find an accused guilty of a lesser offence?
Driving offences
If an accused pleads not guilty to alternative offences, can the magistrates convict on both?
No, they can only be convicted for one
What is the function of the Justice’s legal adviser?
To give advice about matters of law
To bring their attention to any points of law
Can the Justice’s legal adviser ask questions to clarify matters?
Yes
