Unit 10: Summary Trial Procedure

Question 1

Where the prosecutor is absent, what must the court do?

Answer 1

If they have received evidence, they may proceed as if they were present;

Otherwise, they may enquire into reasons for their absence and can dismiss the allegations if there is no good reason provided.

Question 2

Where the defendant is absent, how must the court proceed?

When does the general rule not apply?

Answer 2

Generally, as if D were present and has pleaded NG. Reasons must be given for the court to not do so.

This rule does not apply where:

• D is under 18;
• The court is not satisfied that summons/requisitions were served within a reasonable time/D had reasonable notice of when the adjourned hearing would resume.

Question 3

Where the defendant is absent, what powers must the court exercise?

What may the exercise?

Answer 3

MUST:Power to issue a warrant for arrest if passing a custodial sentence;

MAY: issue a warrant if not proceeding in their absence.

Question 4

Where the Defendant fails to show up, and the prosecution was commenced by summons/requisition, what must be proved to the court’s satisfaction?

Answer 4

That either was served a reasonable time before the hearing, or that the accused appeared on a previous occasion to answer the charge.

Question 5

If P appears but D does not, and D is 18 or over, MUST the court proceed in their absence?

Answer 5

Yes, unless it appears contrary to the interests of justice to do so.

Question 6

If a defendant is found guilty in their absence, will the court immediately sentence them?

Answer 6

Can do, or may adjourn to give them notice to attend for sentencing.

Question 7

Must a court give reasons for not proceeding in the absence of an adult accused?

Answer 7

Yes.

Question 8

What factors are to be considered in identifying where the interests of justice lie re continuing in D’s absence?

Answer 8

Reasons offered;

Reliability of such information;

Date at which these reasons became known to D;

The action D took in response;

Question 9

When can an arrest warrant be issued where a trial is adjourned due to D’s absence?

Answer 9

Where the offence is punishable by imprisonment of disqualification.

Considerations of reasonable notice must be held.

Question 10

Where there has been a delay amounting to an abuse of process, what can the Mags do?

Answer 10

Refuse to try the case and so acquit D.

Question 11

Where a deliberate delay cannot be shown, what might D apply to the court for?

Answer 11

Apply for them to apply their discretion not to proceed if:

• There has been unconscionable delay due to P’s inefficiency;
• Prejudice to D from the delay is proved or inferred.

Question 12

What is the purpose of the prosecutor’s opening speech?

Answer 12

Explain what the case is about; (no need to detail the evidence)

Question 13

Where a prosecution witness attends court to give evidence, is the prosecutor obliged to call them to give evidence?

Answer 13

If D requests. They must at least tender the witness for cross-examination.

Question 14

Can a justice call a witness?

Answer 14

Yes, but it will rarely be appropriate to do so, given the need for justices to show impartiality in the proceedings.

Question 15

What statute is used for parties wishing to tender witness statements rather than call the maker of the statement?

Answer 15

Criminal Justice Act section 9

Question 16

Must admitted facts be formally recorded?

Answer 16

Yes, unless the court otherwise directs.

Question 17

When should a defendant know about the decision of the justices in regard to the admissibility of particular evidence?

Answer 17

By the close of prosecution case. The exact point may vary, but they should know prior to testifying.

Question 18

Which party has the last word before the magistrates consider their verdict?

Answer 18

Defence

Question 19

What are the statutory functions of authorised court officers under Courts Act s28(1)?

Answer 19

(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.

Question 20

What are the duties of authorised court officers?

Answer 20

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).

Question 21

On what matters can an authorised court officer legitimately advise the magistrates?

Answer 21

(a) questions of law;

(b) questions of mixed law and fact;

(c) matters of practice and procedure;

(d) the process to be followed at sentence and the matters to be taken into account, together with the range of penalties and ancillary orders available, in accordance with the relevant sentencing guidelines;

(e) any relevant decisions of the superior courts or other guidelines;

(f) the appropriate decision- making structure to be applied in any given case; and

(g) other issues relevant to the matter before the court.

Question 22

What is the basis for no case to answer?

Answer 22

That no reasonable court could properly convict.

Question 23

Should the credibility of prosecution witnesses be relevant to whether the Mags rules that there is no case to answer.

Answer 23

It shouldn’t, but it does.

Question 24

Does the prosecution have a right to reply to a consideration of no case to answer?

Answer 24

Yes.

Question 25

Do Mags have a duty to give reasons for their decision of conviction?

Answer 25

Yes, but a few simple sentences will suffice.

Question 26

Do Mags have power to find an accused guilty of a lesser offence?

Answer 26

No. But there are exceptions:

• Certain driving offences
• Aggravated vehicle taking can converted to vehicle taking contrary to s12 Theft Act.

Question 27

If an accused is charged with alternative offences and pleads NG to both, can they be convicted of both?

Answer 27

They shouldn’t be.

Question 28

TRUE or FALSE. Adjournment is a final resort.

Answer 28

TRUE.

Question 29

According to para 24C.9, which principles are relevant for adjournment applications?

Answer 29

(i) the court’s duty to deal justly with the case, which includes doing justice between the parties;

(ii) the court ‘must have regard to the need for expedition. Delay is generally inimical to the interests of justice and brings the criminal justice system into disrepute. Proceedings in a magistrates’ court should be simple and speedy’;

(iii) applications for adjournments ‘should be rigorously scrutinised and the court must have a clear reason for adjourning. To do this, the court must review the history of the case’ (this may of course be taken to militate against repeated adjournments);

(iv) where the prosecutor asks for an adjournment, the court must consider not only the interest of the accused in getting the matter dealt with without delay, ‘but also the public interest in ensuring that criminal charges are adjudicated upon thoroughly, with the guilty convicted as well as the innocent acquitted’; with a more serious charge, ‘the public interest that there be a trial will carry greater weight’;

(v) where the accused asks for an adjournment, the court ‘must consider whether he or she will be able to present the defence fully without an adjournment and, if not, the extent to which his or her ability to do so is compromised’;

(vi) the court must consider the consequences of an adjournment and its impact on the ability of witnesses and of the accused accurately to recall events;

(vii) the ‘impact of adjournment on other cases’, since relisting one case ‘almost inevitably delays or displaces the hearing of others’, and so the ‘length of the hearing and the extent of delay in other cases will need to be considered’.

Question 30

What was the ruling in R v Galbraith?

Answer 30

where the case turned on the credibility of witnesses or where on one possible view of the facts there was sufficient evidence to convict, then the matter must be left to the jury.

Question 31

TRUE or FALSE. The legal adviser has the responsibility of providing justices with assistance on findings of fact.

Answer 31

FALSE.

Question 32

Must introduced section 9 CJA statements be read or summarised aloud?

Answer 32

Yes.

Question 33

Is s9 evidence treated the same way as if the evidence were given orally?

Answer 33

Yes.

Question 34

Should section 10 CJA admissions be treated like oral evidence.

Answer 34

No - it is conclusive.

Question 35

Who can apply for pre-trial rulings?

Answer 35

Defence
Prosecution
Court

Question 36

Define an unfavourable witness

Answer 36

Witnesses who do not come up to proof or who give unhelpful evidence.

Question 37

Define a hostile witness

Answer 37

A witness who, in the judge’s opinion, shows no desire to tell the truth at the instance of the party calling them.

Question 38

Should applications to treat a witness as hostile be made in the presence of the jury?

Answer 38

No - do it in absence of the jury following a formal application.

Question 39

True or false - applications to treat a witness as hostile depend solely on whether W has been previously inconsistent in a written statement, evidence or oath?

Answer 39

false.

Question 40

Does the defence get to immediately follow the prosecution opening speech as of right?

Answer 40

No - the judge may invite them to identify issues.