Trial: Magistrates' Court Flashcards
trials in MC
Summary trials deal with:
- summary only offences
- either-way offences where the MC has retained jurisdiction
Adversarial and prosecution will always open the case as it carries the evidential and legal burden of proving the case beyond reasonable doubt.
The bench
- take place before a bench of least two but usually three lay magistrates (also known as justices of the peace) or before a single District Judge.
- District judges are professional lawyers
- Lay magistrates are not professional lawyers, they are unpaid volunteers. Receive training to assist them with the law and procedure in the court but also have a court legal advisor to help them.
Authorised court officer
Authorised court officer will provide assistance to justices of the peace with both the relevant law and procedure when required.
Takes no part in deciding the verdict. Authorised court officer must be present during trial judged by a bench of lay magistrates but is not required to be present in a summary trial presided over by a District Judge.
MC court trial procedure
CrimPR part 24:
- legal arguments
- prosecution opening speech
- defence identify matters in issue
- prosecution evidence
- conclusion of the prosecution case
- submission of no case to answer
- right to give evidence and adverse inferences
- prosecution closing speech
- defence closing speech
- legal advice
- magistrates/district judge to retire to consider verdict
- verdict
Judges of fact and law
Magistrates or district judge are the judges of both fact and law.
As such, any legal applications requiring them to rule certain evidence as inadmissible require, if successful, the same magistrates/District Judge to ignore that material they have previously heard about.
Just one reason why a defendant might be advised in an appropriate either-way case to elect trial before judge and jury in the Crown Court.
- Legal arguments
Magistrates usually have a discretion as to when to determine questions of admissibility.
As such, they can rule on a s.78 application when it arises or hear all the evidence before ruling on admissibility.
- Prosecution opening speech
Prosecution summarise the prosecution case, concisely, identifying the relevant law, outlining the facts and indicating the matters likely to be in dispute
- Defence identify matters in issue
If M or Dj feel it would assist them to understand the case and resolve any issues, they are entitled to ask the defence to identify concisely what is in issue in the case.
This is particularly helpful in summary trials because there is no requirement for a defence statement.
Prosecution evidence
Prosecution can present evidence to the court by:
- calling witnesses
- reading witness statements s9 CJA 1967 (when the evidence of that witness is not in dispute or where the prosecution have made a successful application to read a witness statement or part of it under hearsay provisions)
- reading admissions under s.10 CJA 1967 (agreed by the prosecution and defence)
No case to answer
On the defendant’s application or on its own initiative, the court may acquit on the ground that the prosecution evidence is insufficient for any reasonable court to properly convict.
Right to give evidence and adverse inferences
Defendant must be informed of:
- right to give evidence
- the potential effect of not doing so at all, or of refusing to answer a question while doing so
Defence evidence
Defence evidence can be given by witnesses live from the witness box in court or where agreed can be read from witness statements or presented in the form of written admissions.
Open to the defence to apply to read witness statements under the hearsay provisions of the CJA 2003.
Witnesses will be examined in chief, cross-examined and re-examined in the same order as the defendant.
Prosecution closing speech
The first closing speech is from prosecution. Can only be made where:
- defendant is represented; or
- defendant has introduced own evidence other than their own
As such, 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.
Defence closing speech
After the prosecution closing speech (if there is one). The defendant’s legal representative will make a closing speech on behalf of the defendant.
Defence are always entitled to make a closing speech
Legal advice
Before retiring to consider their verdict, the legal advisor will advise the magistrates on any matters of law that are required.
When a DJ is hearing the case - rarely need for advice.
Any assistance should be given open court and if given while retiring the court officer should inform them this advise is only provisional and the authorised court officer should then repeat the substance of the advice in open court and allow reps from p and d.
