Topic 13 - Summary Trial in the Magistrates Court

Question 1

What begins the criminal justice process?

Answer 1

A person being arrested and brought before the magistrates’ court or the court issuing a written charge and requisition

Question 2

What are the two possible pleas a defendant can enter?

Answer 2

• Guilty
• Not guilty

Question 3

What happens if a defendant pleads guilty?

Answer 3

The court moves to sentence

Question 4

What occurs if a defendant pleads not guilty?

Answer 4

A trial takes place and the court comes to a verdict

Question 5

What happens if the verdict is guilty?

Answer 5

The defendant must be sentenced

Question 6

What is a summary trial?

Answer 6

A trial in the magistrates’ court for ‘summary only’ offences or ‘either-way’ offences

Question 7

What percentage of defendants plead guilty in the Magistrates’ Court?

Answer 7

Around 90%

Question 8

What is the role of the ‘bench’ in a summary trial?

Answer 8

At least two lay magistrates or a single District Judge preside over the trial

Question 9

What is the difference between lay magistrates and District Judges?

Answer 9

• Lay magistrates: unpaid volunteers, receive training
• District Judges: professional lawyers, usually sit alone

Question 10

Who assists justices of the peace during a summary trial?

Answer 10

The authorised court officer

Question 11

What is the purpose of the prosecution opening speech?

Answer 11

To summarise the prosecution case, identify relevant law, and outline the facts

Question 12

What must the defence do during the trial?

Answer 12

Identify matters in issue

Question 13

What is a submission of ‘no case to answer’?

Answer 13

A request for acquittal on the grounds that prosecution evidence is insufficient

Question 14

What must the defendant be informed of regarding giving evidence?

Answer 14

• The right to give evidence
• The potential effect of not doing so

Question 15

What is the order of proceedings in a summary trial?

Answer 15

• Legal arguments
• Prosecution opening speech
• Defence identifies matters in issue
• Prosecution evidence
• Conclusion of prosecution case
• Submission of no case to answer
• Defence evidence
• Prosecution closing speech
• Defence closing speech
• Legal advice
• Verdict

Question 16

What are magistrates or District Judges considered in a summary trial?

Answer 16

Judges of both fact and law

Question 17

What is required if magistrates convict a defendant?

Answer 17

Sufficient reasons must be given to explain the decision

Question 18

What does Criminal Procedure Rules Part 24 govern?

Answer 18

The magistrates’ court trial procedure

Question 19

What is a pre-trial hearing?

Answer 19

A hearing before any evidence is called to rule on admissibility or other legal questions

Question 20

What is the significance of a ruling made at a pre-trial hearing?

Answer 20

It is binding until the case concludes, but may be varied under certain circumstances

Question 21

What must happen before legal arguments are determined in a magistrates’ court?

Answer 21

The parties must be given an opportunity to make representations

Question 22

What is the process for calling witnesses in a prosecution case?

Answer 22

Witnesses are called, and the defence may cross-examine them

Question 23

What is examination-in-chief?

Answer 23

The initial questioning of a witness by the prosecution

Question 24

What is cross-examination?

Answer 24

Questioning of a witness by the opposing party after examination-in-chief

Question 25

What is examination-in-chief often abbreviated to?

Answer 25

XIC

Question 26

What is the process of questioning a witness by the defendant's legal representative called?

Answer 26

Cross-examination ## Footnote Often abbreviated to XX.

Question 27

What is the purpose of re-examination?

Answer 27

To question the witness on matters arising out of cross-examination ## Footnote Often abbreviated to Re-X.

Question 28

Who is entitled to ask questions of prosecution witnesses?

Answer 28

The authorised court officer

Question 29

What must a prosecution witness do after giving evidence?

Answer 29

Remain in court to watch the remainder of the case

Question 30

What is the term for the material served upon the defence that the prosecution intends to rely upon?

Answer 30

Used material

Question 31

When is a prosecution witness required to be cross-examined?

Answer 31

When there is a dispute as to the contents of their witness statement

Question 32

What must the prosecution do if the defence requests the attendance of witnesses?

Answer 32

Obliged to call them

Question 33

What is the exception to the rule that the prosecution must call a witness?

Answer 33

If the prosecutor forms the view that the witness is not capable of belief

Question 34

Under which act can the prosecution rely on written witness statements without calling the witness?

Answer 34

s.9 Criminal Justice Act 1967

Question 35

What types of evidence can be agreed upon to avoid calling a witness?

Answer 35

Written admissions and witness statements

Question 36

What must happen if a witness is unavailable to give evidence?

Answer 36

The prosecution can apply to read the witness's statement under hearsay provisions

Question 37

What can be presented to the court as admissions when facts are agreed?

Answer 37

Written admissions pursuant to s.10 Criminal Justice Act 1967

Question 38

What is a 'record of taped interview' (ROTI)?

Answer 38

A record produced from a defendant's police interview

Question 39

What is the usual practice regarding the presentation of ROTI in court?

Answer 39

An edited record of interview is presented

Question 40

What happens at the close of the prosecution case?

Answer 40

The prosecution will say 'that is the case for the prosecution'

Question 41

What do Criminal Procedure Rules (CrimPR) Part 24 outline?

Answer 41

Procedural requirements for the summary trial process

Question 42

What is a submission of no case to answer?

Answer 42

A request to acquit due to insufficient prosecution evidence

Question 43

What are the two principles from R v Galbraith regarding submissions of no case to answer?

Answer 43

1. No evidence means case stopped. 2. Weak evidence may lead to case stopped if jury couldn't convict.

Question 44

What must the court not do before giving the prosecutor a chance to make representations?

Answer 44

Acquit on the ground of insufficient evidence

Question 45

What must the court explain to the defendant regarding their right to give evidence?

Answer 45

The defendant has the right to give evidence and the potential effects of not doing so

Question 46

What can happen if a defendant fails to give evidence?

Answer 46

Adverse inferences may be drawn

Question 47

Who examines the defendant during their evidence?

Answer 47

The legal representative or the authorised court officer

Question 48

What is required from the prosecution before making a closing speech?

Answer 48

The defendant must be represented or have introduced evidence

Question 49

What do the magistrates receive before considering their verdict?

Answer 49

Legal advice from the authorised court officer

Question 50

What should the magistrates do if they require assistance after retirement?

Answer 50

Request it in open court

Question 51

What happens if legal advice is given to magistrates outside open court?

Answer 51

It is only provisional until repeated in open court

Question 52

What should the magistrates do if they accept a submission of no case?

Answer 52

Return and acquit the defendant

Question 53

What must magistrates do if they require assistance from the authorised court officer after retirement?

Answer 53

Request assistance in open court

Question 54

What should the authorised court officer inform the magistrates if legal advice is given outside of open court?

Answer 54

The advice is only provisional

Question 55

What happens after the authorised court officer repeats the substance of the advice in open court?

Answer 55

Representations can be made from the prosecution and defence

Question 56

What is the outcome if three lay magistrates disagree on a verdict?

Answer 56

The view of the majority prevails

Question 57

What must happen if two magistrates are evenly divided on a case?

Answer 57

Adjourn the case for a rehearing before a new bench

Question 58

How is the verdict announced by magistrates or District Judge?

Answer 58

In open court

Question 59

What is required if the magistrates/District Judge convict a defendant?

Answer 59

Sufficient reasons must be given to explain the decision

Question 60

What does CrimPR r.24.3(5) require regarding the conviction of a defendant?

Answer 60

Reasons must be simple and straightforward

Question 61

Can magistrates find a defendant guilty of an alternative lesser offence?

Answer 61

Generally no, with specific exceptions

Question 62

What does the Road Traffic Offenders Act 1988, s.24 permit?

Answer 62

Alternative verdicts for lesser offences

Question 63

What does the Theft Act 1968, s.12A(5) allow?

Answer 63

An alternative of taking a vehicle without consent on a charge of aggravated vehicle taking

Question 64

What happens when a defendant is convicted of a more serious offence?

Answer 64

No verdict is entered on the alternative offence

Question 65

What must the court do after finding a defendant guilty according to CrimPR r.24.11?

Answer 65

Sentence the defendant or adjourn the case for sentence

Question 66

What can happen if the magistrates conclude their sentencing powers are inadequate?

Answer 66

The defendant can be committed for sentence to the Crown Court

Question 67

Are magistrates required to give reasons for finding a defendant not guilty?

Answer 67

No, they are not required to do so

Question 68

What happens to a defendant once acquitted?

Answer 68

They are discharged from court unless there are other charges