Summary Trial Procedure Flashcards
Can the magistrates make pre-trial rulings?
Yes - must give both parties the chance to be heard.
Deals with similar things as a PTPH
When is a pre-trial ruling in the mags binding until?
The case is dismissed
Or
The court alters or dismisses its own ruling on the application of a party
What is the process if the accused fails to appear in for summary trial?
The court has the power to proceed without them.
If they are under 18, then the court may proceed.
If they are over 18 they must (unless it appears contrary to the interests of justice to do so)
If charge was done by summons or requisition it must be proven that these were provided with reasonable time before the hearing before proceeding
What happens if the mags decide not continue in the accused’s absence?
Adjournment
It has the power to issue a warrant for the accused’s arrest
If the mags finds it is not in the interests of justice to proceed without the accused present, what must it do?
Give reasons
Under what criteria can an arrest warrant be issued for a failure to attend by the mags?
Offence must be punishable by imprisonment
Reasonable notice of summons must have been given (unless they were present last time and told when it would be)
What can the mags curt do if it appears that the accused is evading the summons?
Issue a warrant for their arrest
When must the mags issue an arrest warrant when an accused is not present?
When it finds them guilty and sentences to a custodial sentence
What can the mags do in light of a delay in proceedings?
The mags can dismiss a case and acquit where there has been such a delay as to amount to an abuse of process.
Deliberate or incompetent delays are likely to trigger this
What happens at the start of a summary trial?
Asked for plea, or asked to confirm earlier plea
What happens immediately after a not guilty plea in a summary trial?
Prosecution has the right to make an opening speech
The purpose of which is to explain briefly what the case is about .
Does the defence have a right to an opening speech?
No - but can be invited by the justices to set out what is in issue.
Who must the prosecution call as a witness?
Any witness that attends court
Any witness which provided a statement which was provided to the defence
Otherwise, the prosecution has unfettered discretion of who to call
Only limit is if the court it as an abuse of process, and then the mags can dismiss the case
Can a written statement be used in lieu of someone’s presence?
Yes - but only under s.9 CJA.
Basically that the written statement is signed properly and no one disputes any of the evidence
What must be provided for any facts formally admitted?
A written record under s.10 CJA
When should the magistrates deal with objections raised about the prosecution’s evidence?
They have discretion as to when, but should be aware of the danger of prejudice as magistrates are the tribunal of fact and law
Does the mags have to hear evidence of admissibility of evidence other than confession if D object?
Mags have discretion under s.78 PACE. do not have to hear evidence.
Also discretionary when they make the decision
Does the mags have to hear evidence of admissibility of a confession?
Yes - they are obliged to.
P must prove that it is admissible under s.76
When can the mags acquit on the ground there is no case to answer?
When prosecution evidence is insufficient for any reasonable court to convict
Can be done on the application of the defence, or on the mags own initiative.
What must the mags do when considering whether to acquit on no case to answer
Allow P to make representations
What is the test for no case to answer in the mags?
The magistrates must be satisfied that no reasonable tribunal could convict.
It is a test of perversity
When is a closing speech made by P?
After they have raised their evidence, and D has raised any rebuttal evidence.
They may make one if the accused is represented or has called evidence other than their own testimony.
When is a closing speech made by D?
After P has made theirs.
If P do not make one, D cannot.
What must the mags do if it convicts?
Give sufficient reasons for its decision.
This is not an obligation for a full judgment.
If more detailed reasons are sought, they can be requested
