Trial - Summary Trial Overview Flashcards
What features are common across all trials regardless of Court?
- Burden of proof
- Rules of evidence
- Admissibility
- Inferences
- Order of calling evidence
- Adversarial nature of trial
Who hears summary trials?
Either a District Judge (alone) or a bench of 2-3 Lay Mags with legal adviser
Summary Trial Procedure steps
- Legal Arguments
- Prosecution opening speech
- Defence identifies matters in issue
- Prosecution evidence
- Conclusion of Prosecution case
- Submission of no case to answer
- Right to give evidence and adverse inferences
- Defence evidence
- Prosecution closing speech (if eligible)
- Defence closing speech
- Legal advice from court officer (if lay mags)
- Retirement to consider verdict
- Verdict (with reasons if guilty)
When can Prosec closing speech be made in summary trial?
Only if D is legally represented, or D (represented or not) has introduced evidence other than their own
When can a submission of ‘no case to answer’ be made?
After Prosec closes its case - if the evidence is insufficient for any reasonable court to convict
How can prosec or defence evidence be introduced?
- Live witnesses
- Written admissions
- Witness Statements
What happens if only 2 Mags sit and disagree?
The case must be adjourned for rehearing before a new bench
Provision of Legal Advice in Summary Trial?
Before retiring to consider the verdict, the legal adviser will advise lay magistrates in open court
