Trial: Summary Flashcards
Where is a summary trial held?
Magistrates court
What offences will be involved in a summary trial?
- Summary only offences
- Either way offences where magistrates retained jurisdiction following allocation
What is the magistrates court trial procedure?
- Prosecution opening speech
- Defence identify matters in issue
- Prosecution evidence
- Submission of no case to answer
- Right to give evidence and adverse inferences
- Defence evidence
- Prosecution closing speech
- Defence closing speech
- Legal advice
- Magistrates retire
- Verdict
- Guilty – Duty to give reasons
Who is on the bench in the magistrates court?
at least two, usually three lay magistrates or single district judge
Is there a requirement for a defence statement in summary trials?
No
What is the consequence of magistrates being judges of law and fact?
They will have heard any evidence that is ruled inadmissible
Why would the magistrates make a submission of no case to answer?
Prosecution evidence is insufficient for any reasonable court to properly convict
In what circumstances is the prosecution allowed to make a closing speech?
Defendant is represented or
Defendant has introduced evidence other than their own
What happens where there is a disagreement between three magistrates on their verdict?
Majority prevails
What happens where two magistrates are evenly divided on their verdict?
Adjourn and rehearing before new bench
When the magistrates retire and the authorised court officer gives advice not in an open court, what must happen?
ACO inform magistrates advice is provisional
Repeat substance in open court to allow prosecution/defence representations
