Topic 7- Trials- MC

Question 1

How many justices will an accused appear before in a pre-trial hearing in the MC?

Answer 1

One

Question 2

What happens at a pre-trial hearing?

Answer 2

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

Question 3

What must the court tell the accused before they make their plea?

Answer 3

That credit will be given for a guilty plea

Question 4

If an accused is unrepresented, what must they be asked at the pre-trial hearing?

Answer 4

Whether they want to apply for legal aid

Question 5

Are pre-trial rulings binding?

Answer 5

Yes, until the case is disposed of

Question 6

When may the court discharge or vary a pre-trial ruling?

Answer 6

If it is in the interests of justice to do so

Question 7

What happens if an accused fails to appear at trial in MC?

Answer 7

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

Question 8

If an under 18 fails to appear at trial in MC, what will the court do?

Answer 8

They MAY proceed

Question 9

If an over 18 fails to appear at trial in MC, what will the court do?

Answer 9

They MUST proceed if in the interests of justice

Question 10

What happens if both parties are absent or a witness fails to attend court in a MC?

Answer 10

The court may adjourn the case and set another date

Question 11

If a case has been adjourned, what must the court give to the accused?

Answer 11

Adequate or reasonable notice of the adjournment date

Question 12

If an accused does not appear for trial, but the court does not want to proceed or adjourn, what can the court do?

Answer 12

They can issue an arrest warrant

Provided the offence is punishable with imprisonment

Question 13

What may the court do if there has been a deliberate delay?

Answer 13

If they consider it amounts to an abuse of process, the court may acquit the accused without trial

Question 14

What is the first stage in a summary trial?

Answer 14

Prosecution’s opening speech

Question 15

What is said in the prosecution’s opening speech?

Answer 15

Give a summary of the case, and to explain briefly what the case is about

Question 16

What happens after the prosecution’s opening speech?

Answer 16

The prosecutor must call evidence

Question 17

What must the court do where a formal admission is made?

Answer 17

A written record must be made of the admission

Question 18

What will the court do if the defence object to proposed prosecution evidence?

Answer 18

The magistrates will have to decide on the question of admissibility

Question 19

Are the court obliged to hear evidence about the obtaining of a confession?

Answer 19

Yes, it is then a matter of the magistrates’ discretion to determine admissibility

Question 20

What is a submission of no case to answer?

Answer 20

Where the prosecution evidence is insufficient, meaning no reasonable court could properly convict

The MC may then acquit the accused

Question 21

What is the Galbraith test for no case to answer?

Answer 21

That the prosecution evidence is so tenuous that a jury could not properly convict on it

Question 22

Does the prosecution have a right to reply to a no case to answer submission?

Answer 22

Yes, they will have an opportunity to reply and address the court

Question 23

When may the prosecution make a closing speech?

Answer 23

If the accused is represented OR
If the accused has called evidence other than his own

Question 24

If the prosecution makes a closing speech, what is the next stage?

Answer 24

The accused is given the chance to reply, and so will always have the last word

Question 25

Who always has the last word in a summary trial

Answer 25

The accused

Question 26

When the court convicts the accused, do they have to explain their reasons?

Answer 26

Yes, they must give sufficient reasoning

However, they do not need to give their reasoning as a judgment

Question 27

If a court acquits an accused, do they have to give an explanation?

Answer 27

They don’t have to do

Question 28

Do the magistrates have the power to find an accused not guilty as charged, but guilty of a lesser offence?

Answer 28

No, however, there are exceptions:

Driving offences

Question 29

If an accused has been charged with dangerous driving, can the MC instead convict of careless driving?

Answer 29

Yes, this is an exception to the lesser offence rule

Question 30

What are the exceptions for the MC to find an accused guilty of a lesser offence?

Answer 30

Driving offences

Question 31

If an accused pleads not guilty to alternative offences, can the magistrates convict on both?

Answer 31

No, they can only be convicted for one

Question 32

What is the function of the Justice’s legal adviser?

Answer 32

To give advice about matters of law

To bring their attention to any points of law

Question 33

Can the Justice’s legal adviser ask questions to clarify matters?

Answer 33

Yes