Summary Trial

Question 1

What is the time limit for starting proceedings in mags

Answer 1

May not try an accused for summary offence unless the application for summons was served within 6 months of when offence was allegedly committed

Question 2

Do either way offences have time limit to be brought

Answer 2

No unless statute

Question 3

Test for summons

Answer 3

A) person can give material evidence or produce document likely to be material evdidence and

B) in the interest of Justin to summon them

Can issue arrest warrant if think would not be sufficient

Question 4

Will the mags hold a preparation for trial hearing and if so what does it entail

Answer 4

Yes
- ensure the accused understand that credit will be given for guilty plea

• take a plea or if not find out the likely hood
• the accused can give evidence at trial
• trial may go ahead in absence if accused not attend

Question 5

Is a pre trial ruling binding and are there any exceptions

Answer 5

A pre trial ruling is usually binding until the case against the accused is disposed of.

However the court can vary it if it is in the interests of justice to do so

A party can only apply to vary it if there has been a material change in circumstances