Unit 10: Summary Trial Procedure Flashcards
Where the prosecutor is absent, what must the court do?
If they have received evidence, they may proceed as if they were present;
Otherwise, they may enquire into reasons for their absence and can dismiss the allegations if there is no good reason provided.
Where the defendant is absent, how must the court proceed?
When does the general rule not apply?
Generally, as if D were present and has pleaded NG. Reasons must be given for the court to not do so.
This rule does not apply where:
- D is under 18;
- The court is not satisfied that summons/requisitions were served within a reasonable time/D had reasonable notice of when the adjourned hearing would resume.
Where the defendant is absent, what powers must the court exercise?
What may the exercise?
MUST:Power to issue a warrant for arrest if passing a custodial sentence;
MAY: issue a warrant if not proceeding in their absence.
Where the Defendant fails to show up, and the prosecution was commenced by summons/requisition, what must be proved to the court’s satisfaction?
That either was served a reasonable time before the hearing, or that the accused appeared on a previous occasion to answer the charge.
If P appears but D does not, and D is 18 or over, MUST the court proceed in their absence?
Yes, unless it appears contrary to the interests of justice to do so.
If a defendant is found guilty in their absence, will the court immediately sentence them?
Can do, or may adjourn to give them notice to attend for sentencing.
Must a court give reasons for not proceeding in the absence of an adult accused?
Yes.
What factors are to be considered in identifying where the interests of justice lie re continuing in D’s absence?
Reasons offered;
Reliability of such information;
Date at which these reasons became known to D;
The action D took in response;
When can an arrest warrant be issued where a trial is adjourned due to D’s absence?
Where the offence is punishable by imprisonment of disqualification.
Considerations of reasonable notice must be held.
Where there has been a delay amounting to an abuse of process, what can the Mags do?
Refuse to try the case and so acquit D.
Where a deliberate delay cannot be shown, what might D apply to the court for?
Apply for them to apply their discretion not to proceed if:
- There has been unconscionable delay due to P’s inefficiency;
- Prejudice to D from the delay is proved or inferred.
What is the purpose of the prosecutor’s opening speech?
Explain what the case is about; (no need to detail the evidence)
Where a prosecution witness attends court to give evidence, is the prosecutor obliged to call them to give evidence?
If D requests. They must at least tender the witness for cross-examination.
Can a justice call a witness?
Yes, but it will rarely be appropriate to do so, given the need for justices to show impartiality in the proceedings.
What statute is used for parties wishing to tender witness statements rather than call the maker of the statement?
Criminal Justice Act section 9
Must admitted facts be formally recorded?
Yes, unless the court otherwise directs.
When should a defendant know about the decision of the justices in regard to the admissibility of particular evidence?
By the close of prosecution case. The exact point may vary, but they should know prior to testifying.
Which party has the last word before the magistrates consider their verdict?
Defence
What are the statutory functions of authorised court officers under Courts Act s28(1)?
(a) to give advice to justices of the peace about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including questions arising when the person is not personally attending on them, and
(b) to bring to the attention of justices of the peace, at any time when the person thinks appropriate, any point of law (including procedure and practice) that is or may be involved in any question so arising.
What are the duties of authorised court officers?
drawing the court’s attention, before the hearing begins, to the prosecution allegations, what is agreed and what is in dispute, and what the parties have said about how they expect to present their cases;
whenever necessary, giving the court legal advice (and, if necessary, attending the members of the court outside the courtroom to give such advice, so long as the parties are informed of any advice given outside the courtroom);
assisting the court in the formulation of its reasons and the recording of those reasons;
assisting the accused if unrepresented;
and assisting the court by making a note of the substance of any oral evidence or representations, marking as inadmissible any parts of written statements introduced in evidence that are ruled inadmissible;
ensuring that a record is kept of the court’s decisions and the reasons for them, and making any announcement (other than of the verdict or sentence).
On what matters can an authorised court officer legitimately advise the magistrates?
(a) questions of law;
(b) questions of mixed law and fact;
(c) matters of practice and procedure;
(d) the process to be followed at sentence and the matters to be taken into account, together with the range of penalties and ancillary orders available, in accordance with the relevant sentencing guidelines;
(e) any relevant decisions of the superior courts or other guidelines;
(f) the appropriate decision- making structure to be applied in any given case; and
(g) other issues relevant to the matter before the court.
What is the basis for no case to answer?
That no reasonable court could properly convict.
Should the credibility of prosecution witnesses be relevant to whether the Mags rules that there is no case to answer.
It shouldn’t, but it does.
Does the prosecution have a right to reply to a consideration of no case to answer?
Yes.
