Unit 10 Summary Trial Procedure Flashcards
What is the general rule in the absence of a defendant at summary trial?
Where the defendant is absent the general rule is that the court must proceed as if the defendant were present and had pleaded not guilty (unless a plea already has been taken), but the general rule does not apply if the defendant is under 18; and, is subject to the court being satisfied that—
• any summons or requisition was served on the defendant a reasonable time before the hearing, or
• in a case in which the hearing has been adjourned, the defendant had reasonable notice of where and when it would resume; and
is subject to rule 24.11(10)(a) (restrictions on passing sentence in the defendant’s absence).
Where the defendant is absent, the court—
• must exercise its power to issue a warrant for the defendant’s arrest and detention in the terms required by rule 13.3(3) (Terms of a warrant for detention or imprisonment), if it passes a custodial sentence; and
• may exercise its power to issue a warrant for the defendant’s arrest in any other case, if it does not apply the general rule in paragraph (3) of this rule about proceeding in the defendant’s absence.
What must the court do if it passes a custodial sentence when the Defendant fails to show for trial?
The court must exercise its power to issue a warrant for the defendant’s arrest and detention in the terms required by rule 13.3(3) (Terms of a warrant for detention or imprisonment), if it passes a custodial sentence.
Can a summary trial proceed in the accused’s absence?
If the accused fails to appear for the trial in the magistrates’ court, the case may (if the accused is under 18) or must (if the accused has attained the age of 18 and it does not appear to the court to be contrary to the interests of justice to do so) proceed in the accused’s absence
Does the court have to set a date if the case is adjourned for one party failing to attend?
The court may either set the date for the hearing to resume when it adjourns the case or, unless it also remands the accused (in which case a date must be fixed), leave the time and place to be determined. The trial can resume only where the court is satisfied that the parties have had adequate notice; if the accused was not present when the case was adjourned, it will therefore be necessary to send the accused an adjournment notice.
What if the accused has good reason for failing to attend trial?
‘the court shall not proceed in the absence of the accused if it considers that there is an acceptable reason for his failure to appear’; however, s. 11(6) provides that the court is not required to inquire into the reasons for the accused’s failure to appear before deciding whether to proceed in his or her absence. Section 11(7) requires the court to state in open court its reasons for not proceeding in the absence of an accused who has attained the age of 18 and who fails to attend.
in ‘marked contrast to the position in the Crown Court’ , in magistrates’ courts proceeding in the absence of an accused who fails to attend is the ‘default position’ where the accused is aware of the date of trial and no acceptable reason is offered for absence. The court is ‘not obliged to investigate if no reason is offered’.
What factors should the court consider in deciding whether to proceed in the absence of an accused?
i. ‘such reasons for absence as may be offered’;
ii. the ‘reliability of the information supplied in support of those reasons’;
iii. the date on which the reasons for absence became known to the accused, and what action the accused took in response to those reasons.
iv. Any medical notes given to excuse non-attendance (the court must give reasons if deciding to proceed notwithstanding).
In what circumstances may the prosecutor make final representations (closing)? (Summary trial)
where—
i. the defendant is represented by a legal representative, or
ii. whether represented or not, the defendant has introduced evidence other than his or her own
What impact does the decision to convict or acquit have on reasons?
If convicting – MUST give reasons
If acquitting – MAY give reasons
What must happen immediately prior to the commencement of a summary trial?
Immediately prior to the commencement of the trial, the authorised court officer must summarise for the court the agreed and disputed issues, together with the way in which the parties propose to present their cases. This will usually be based on the contents of the PET form that the parties are required to complete. If it is done by way of a ‘pre- court briefing’, it should be confirmed in court or agreed with the parties.
Can the court compel certain witnesses to be called?
No. If the prosecution choose not to call a particular witness, the court cannot compel the prosecutor to call that witness. However, if the court is satisfied that the prosecution are so conducting the case that the accused cannot obtain a fair trial, the court has the power to dismiss the case as an abuse of process.
Is a s9 statement taken to be true?
A s. 9 statement is not to be taken conclusively to be true, but is merely ‘admissible as evidence to the like extent as oral evidence to the like effect’ by the maker would be admissible. It follows that if the defence fail to serve a notice objecting to the admissibility of the statement, they are not precluded at trial from adducing evidence inconsistent with it.
However, if there are differences between the defence case and the contents of a proposed s. 9 statement, then a notice should be served objecting to the statement. In the event of failure to give such notice and defence witnesses then contradicting the statement, the prosecution should ask for an adjournment so that the maker of the statement can be called. The court ought not only to agree to the adjournment but should also consider ordering that the costs thrown away be paid by the defence whatever the eventual outcome of the case. In any event, the prosecution should hesitate before making use of the s. 9 procedure in respect of evidence that is central to their case.
At what stage of trial do the magistrates rule on the inadmissibility of evidence?
The stage of the trial at which the magistrates rule upon a question of admissibility of evidence (or other incidental issue) is a matter for their discretion. However, delaying the determination of a question of admissibility of a confession until after the conclusion of the prosecution evidence may be unfair to the defence, in that the accused will not be able to give evidence about alleged irregularities in the obtaining of the confession unless he or she testifies (thus becoming exposed to cross- examination about the general issues). Moreover, in taking the decision what evidence to call, the defence advocate ought to know whether crucial evidence, such as a confession, is to be part of the case against the accused.
Must the court hear evidence when considering the admissibility of evidence? (s78)
Where the admissibility of prosecution evidence falls to be considered under the general exclusionary power in s. 78, the court has a discretion to hear evidence on the issue of admissibility but is not obliged to do so (and so may rule on the matter following submissions on behalf of the parties). It remains a matter for the justices’ discretion when they determine admissibility.
Must the court hear evidence when considering the admissibility of a confession? (s76)
Where the defence object to the admissibility of a confession on the basis of the PACE 1984, s. 76, the terms of s. 76 require that the court shall not admit the confession unless satisfied that it was not obtained by oppression or by words or conduct likely to render a confession unreliable. It follows that magistrates (just like the Crown Court) are obliged to hear evidence on the obtaining of the confession. (as the prosecution have to prove that the confession was not obtained in the manner forbidden by s. 76)
What are the statutory functions of court officers?
a. to give advice to justices of the peace about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including questions arising when the person is not personally attending on them, and
b. to bring to the attention of justices of the peace, at any time when the person thinks appropriate, any point of law (including procedure and practice) that is or may be involved in any question so arising.
Further duties summary: drawing the court’s attention, before the hearing begins, to the prosecution allegations, what is agreed and what is in dispute, and what the parties have said about how they expect to present their cases; whenever necessary, giving the court legal advice (and, if necessary, attending the members of the court outside the courtroom to give such advice, so long as the parties are informed of any advice given outside the courtroom); assisting the court in the formulation of its reasons and the recording of those reasons; assisting the accused if unrepresented; and assisting the court by making a note of the substance of any oral evidence or representations, marking as inadmissible any parts of written statements introduced in evidence that are ruled inadmissible; ensuring that a record is kept of the court’s decisions and the reasons for them, and making any announcement (other than of the verdict or sentence).
