Trial

Question 1

What offences are heard in summary trials?

Answer 1

• Summary only offences

OR

• Either-way offences where the magistrates have retained jurisdiction following the allocation procedure

Question 2

Which side always opens the case?

Answer 2

Prosecution.

Has legal burden of proving the case beyond reasonable doubt.

Question 3

Who hears a summary trial

Answer 3

Either:

• A bench of at least two but usually three lay magistrates

Or

• a single District Judge

Question 4

What is an authorised court officer?

Answer 4

(justices’ clerk, court clerk, legal advisor)

Provides assistance to justices of the peace with both relevant law and procedure when required during summary process.

Takes no part in deciding upon the verdict in a summary trial.

Must be present during in a trial with magistrates but not for a district judge.

Question 5

Who identifies the matters in issue for the magistrates or District judge?

Answer 5

The defence

Question 6

What are the stages of a summary trial?

Answer 6

1. Legal arguments (admissibility)
2. Prosecution opening speech
3. Defence identify matters in issue
4. Prosecution evidence
5. Conclusion of prosecution case

submission of no case to answer

6. Right to give evidence and adverse inferences
7. Defence evidence
8. Prosecution closing speech
9. Defence closing speech
10. Legal advice (by advisor to magistrates)
11. Magistrates/district judge retire to consider verdict
12. verdict

Question 7

Do magistrates/District judges need to explain their decision to convict?

Answer 7

Yes for a summary trial.

Question 8

When is the prosecution entitled to make a closing speech in a summary trial?

Answer 8

Prosecution is only entitled to make a closing speech where:​

the defendant is represented; or​

whether or not he is represented, the defendant has introduced evidence other than their own. ​

The prosecution cannot make a closing speech in a case involving an unrepresented defendant who does not rely on any evidence other than what the defendant in person says in the witness box.

Question 9

What would the prosecution do at trial if the defence disagree with the contents of a prosecution witness statement?

Answer 9

Call the witness. The defence will ask that the witness attend and that the area of dispute is put to them in cross-examination.

Question 10

How must the legal advise be provided to lay magistrates?

Answer 10

Legal advice must be provided in open court.