Trial - Defendant Issues Flashcards
When can a Mag court try and absent defendant under 18?
Mags may try them in their absence unless doing so is contrary to the interests of justice
When MUST Mags try an absent D 18 or over?
Court must proceed unless it appears to be contrary to the interests of justice to do so.
Can Mags try a D in absence for all cases?
No - does not apply to non-imprisonable summary-0nly offences tried on the papers
What must be satisfied when D is summoned/requisitioned?
Court must be satisfied that summons/requisition was served in reasonable time, and reasonable notice was given of any adjourned date
What happens if the absent D is convicted?
The court can either sentence immediately or adjourn to allow the D to attend
Can Crown proceed in Ds absence?
Only if Court is satisfied that
a. D has waived the right to attend and
b. the trial will still be fair
What happens if the bailed D fails to attend Crown trial?
They commit and offence under the Bail Act and court may issue a bench warrant for arrest.
Factors that guide Crown in deciding to proceed in absence?
- Whether absence was voluntary
- if adjournment might lead to D attending
- length of any adjournment
- risk of jury misrepresentation
- Public interest and victim/witness impact
- effect of delay on witness memory
What if D is absent due to illness or other involuntary reasons?
The trial should not continue unless D consents, and the case can proceed without unfairness
What direction must the judge give to the jury if the trial proceeds in absence?
The judge must warn the jury not to hold the absence against the D
Can the judge ask questions on behalf on an unrepresented defendand?
Yes - the judge may ask any question necessary in the Ds interests
What happens if D loses legal representation before trial?
If still eligible for legal aid, the judge will usually adjourn the case to allow D to obtain new representation
When is cross-examination by an unrepresented defendant prohibited?
In sexual offence cases, D may not cross the complainant.
D may also not cross child complainants or witnesses in sexual offences or certain other offences
Who conducts the cross where it is appropriate and would not be contrary to the interests of justice?
Court may appoint an advocate to conduct the cross on Ds behalf.
