summary trials and appeals (week 9) Flashcards
(38 cards)
what must the initial details at plea set out?
include a summary of circumstances of the offence and D’s criminal record.
if D is on bail, it will include other docs.
must be supplied to D if they request it.
D is asked to enter their plea
what do directions usually concern?
bad character evidence, hearsay evidence, special measures to protect witnesses when they are giving evidence, discloure, expert evidence, editing transcripts of interview and serving certificates of readiness for trial.
what does the case progression offer do?
monitor directions made by the court
what sort of things do pre-trial rulings rule on?
cover matters such as admissibility of evidence and fitness to plead
how are pre-trial hearings made? (how can they be brought about)
can be made on the application of the defence or prosecution or of the court’s own motion
a pre-trial ruling is binding until the case is disposed of by….. (there are 3 scenarios)
- conviction or acquittal of the D
- prosecution decision not to proceed
- dismissal of the case
when can a court discharge or vary a pre-trial ruling?
when it is in the interests of justice to do so and the parties have been given an opportunity to be heard.
when can a party apply to have a pre-trial ruling varied or discharged?
party can apply to have pre-trial ruling varied or discharged only if there has been a material change of circumstances
when can a defendant plead guilty by post?
the matter has been commenced by summons or requisition; and
the prosecutor has served a summary of the evidence on which the prosecution case is based; and
prosecutor has served information relevant to sentence
(normally used for minor offences like speeding)
what do summary trials involve? (what type of offences)
-‘summary only’ offences (can only be tried in magistrates court); or
- either way offence (offences that can be tried in either magistrates court or crown court) where magistrates have retained jurisdiction following allocation procedure
who makes the decisions at a summary trial (eg, what judges)?
either take place before:
a bench (at least 2 but normally 3 magistrates); or
before a single district Judge
what is the rule about admissibility in magistrates courts (in respect of a s78 application)?
in magistrates courts they have the discretion as to when to determine questions of admissibility.
therefore, on a s78 application when it arises they can rule on it or hear all the evidence before ruling on admissibility.
when can witness statements be read in summary trials?
witness statements can be read when the evidence of that witness is not in dispute or where the prosecution have made a successful application to read a witness statement or part of it under the hearsay provisions
are the defence entitled to make a closing speech in a summary trial?
yes, they are always entitled to make a closing speech
when the magistrates court find someone guilty do they need to give reasons?
yes, if convict a defendant they must give sufficient reasons to explain the decision.
when are the prosecution not allowed to make a closing speech?
cannot make a closing speech in a case that involves an unrepresented defendant who doesnt rely on any evidence other than what the D in person says in the witness box
what does the ‘slip rule’ mean in the magistrates court?
the idea that the magistrates themselves have the power to rectify any mistakes they have made (eg, vary a sentence or set aside a conviction in the interests of justice)
if D feels the magistrates have reached the wrong decision on substantive merits then what types of appeal can happen (there are 3)?
a) Appeal to CC, by way of re-hearing
b) Appeal to high court, by way of case stated, or
c) Application to high court for judicial review of the decision
in Hereford Magistrates’ court ex p Rowlands: considered which appeal route and adviced the following approach: (what is the approach - there are 3 stages)?
a) Where D complains that the magistrates made an error of fact or mixed fact and law, the D should apply to CC
b) Where D complains the magistrates made an error of law or acted in excess of their jurisdiction, D should appeal by way of case stated
c) Where D alleges unfairness, bias or procedural irregularity the D should apply for judicial review of the decision
is it an automatic right to appeal from magistrates court to crown court (eg, does it require leave)?
yes it is an automatic right and therefore, it does not require leave
what is the time frame that a notice of appeal must be lodged?
must be lodged within 15 business days of the sentence (irrespective of whether the appeal is against conviction or sentence)
what happens if the notice for appeal is served outside of the 15 business day time limit? (appealing magistrates decision)
must be accompanied by an application for an extension of time, with reasons for the delay
what is an appeal by way of case stated?
form of appeal to the high court on basis that the decision made was wrong in law or in excess or jurisdiction.
D applies to magistrates’ court to ‘state a case’ for the opinion of the high court.
(takes the form of a question about decisions of law or procedure which D asserts were wrongly decided)
when would a D appeal for an application for judicial review? (what are the grounds you would do it on - there are 3)
(1) error of law on the face of the records
(2) excess of jurisdiction
(3) breach of natural justice
