Summary Trial - Overview Flashcards
(12 cards)
What is the correct term for a trial in the magistrates’ court?
A. Summary trial
B. Committal trial
C. Preliminary hearing
D. Indictment hearing
A. Summary trial
Explanation:
A trial in the magistrates’ court is called a summary trial and typically deals with summary only offences or either-way offences that remain in the magistrates’ court after allocation.
Who decides both facts and law in a summary trial before lay magistrates?
A. The magistrates, with the assistance of a legal adviser
B. The jury
C. The prosecutor
D. The police
A. The magistrates, with the assistance of a legal adviser
Explanation:
Lay magistrates are judges of both law and fact, but are assisted by a legal adviser who provides legal guidance during the trial.
D is charged with a summary only offence. He pleads guilty at his first hearing. What is the likely next step?
A. The court proceeds to sentence
B. The case is sent to the Crown Court for trial
C. A jury is selected
D. The prosecution withdraws the case
A. The court proceeds to sentence
Explanation:
If the defendant pleads guilty at the first hearing in a summary case, the magistrates can proceed directly to sentencing, unless they adjourn for further reports or information.
What document sets out the issues and witnesses for a summary trial?
A. Criminal Indictment Form
B. Preparation for Effective Trial (PET) form
C. Bail Information Form
D. Defence Statement
B. Preparation for Effective Trial (PET) form
Explanation:
The PET form helps manage the case by recording key trial issues, necessary witnesses, and other logistical arrangements to ensure an effective trial.
A defendant pleads not guilty and wants to know what happens next. What should the magistrates do?
A. Proceed straight to sentence
B. Fix a trial date and issue case management directions
C. Discontinue the case
D. Transfer the case to a civil court
B. Fix a trial date and issue case management directions
Explanation:
When a not guilty plea is entered, the magistrates set a trial date and actively manage the case to ensure it proceeds fairly and efficiently.
In a summary trial, when can the prosecution make a closing speech?
A. Always
B. Only if the defendant is represented or has introduced evidence other than their own
C. Only in either-way cases
D. Never
B. Only if the defendant is represented or has introduced evidence other than their own
Explanation:
The prosecution is only entitled to make a closing speech under these specific conditions, unlike the defence, who may always make one.
What is the purpose of a legal adviser during a summary trial?
A. To represent the prosecution
B. To select the jury
C. To assist magistrates on points of law and procedure
D. To sentence the defendant
C. To assist magistrates on points of law and procedure
Explanation:
Legal advisers support lay magistrates by providing legal and procedural guidance, but do not take part in deciding the verdict.
A District Judge is hearing a summary trial alone. Who decides the facts and law?
A. The jury
B. The legal adviser
C. The District Judge alone
D. A panel of magistrates
C. The District Judge alone
Explanation:
When sitting alone, a District Judge performs the functions of both judge and jury, making decisions on law and fact.
When is a submission of “no case to answer” appropriate in a summary trial?
A. After the plea
B. Before the prosecution opening speech
C. After the prosecution has closed its case and failed to establish a prima facie case
D. Only in Crown Court trials
C. After the prosecution has closed its case and failed to establish a prima facie case
Explanation:
This submission invites the court to acquit on the basis that the prosecution’s evidence is insufficient for a conviction.
In what order are speeches made at the close of a summary trial?
A. Defence then prosecution
B. Defence only
C. Prosecution only
D. Prosecution first (if allowed), then defence
D. Prosecution first (if allowed), then defence
Explanation:
If eligible, the prosecution makes the first closing speech, followed by the defence, who always have a right to close.
Two magistrates hear a trial and disagree on the verdict. What must happen?
A. Majority prevails
B. They call in a legal adviser to vote
C. Defendant is convicted by default
D. The case must be adjourned for rehearing before a new bench
D. The case must be adjourned for rehearing before a new bench
Explanation:
If only two magistrates sit and cannot reach a unanimous verdict, the case must be reheard with a new bench.
When can a pre-trial ruling in the magistrates’ court be varied or discharged?
A. Anytime before trial
B. Never
C. At the sentencing stage
D. Only if it is in the interests of justice and parties are heard
D. Only if it is in the interests of justice and parties are heard
Explanation:
Pre-trial rulings are binding unless there is a material change of circumstances and variation is in the interests of justice.
