Criminal Litigation UNIT 8 - Summary Trial Procedure
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Course
BPC
Institution
BPC
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Includes:
- Pre-trial Rulings
- Proceeding in the Absence of the Defendant
- Abuse of Process
- Procedural Steps
- No Case to Answer
o Galbraith (1981)
- Verdicts
The trial procedure in the Magristates’ Court is contained under CrimPR Part 24.
Pre-Trial Rulings
D21.35 Pre-trial rulings are made at pre-trial hearings and are regulated by S8A
MCA 1980.
A pre-trial hearing will commence after the accused has entered a not guilty
plea and the case is due for trial.
At a pre-trial hearing, magistrates may decide any question as to the
admissibility of evidence or of any other question of law relating to the case.
Any ruling may be made only if the court has given parties an opportunity to be
heard and it is in the interest of justice to do so.
- A litigant in person must be given the chance to apply for legal aid.
Pre-trial rulings may be made on the application of defence or prosecution or
of the courts own motion.
A pre-trial ruling remains binding until the accused is disposed of (conviction,
acquittal, charge is dropped or dismissed). However, the court may discharge or
vary a pre-trial ruling if it is in the interest of justice and the court has given parties
an opportunity to be heard.
- The court will rarely vary a pre-trial ruling on its own motion unless there is a
compelling reason; it is not sufficient that are different bench simply reaches a
different conclusion.
A party may only apply for the ruling to be discharged or varied if there has been a
material change of circumstances.
There is a provision for appeals against rulings, however, an error of law could
form the basis of an appeal.
Trial in the Absence of the Accused
, D5.43 The default position in the Magistrates’ Court for summary trial (of over 18’s) is to
proceed in the absence in the accused, as long as it is not contrary to the interests of justice
to do so*.
CPR 24.12
If the accused fails to attend, the court must proceed in the absence as if the
accused were present and pleaded not guilty, unless a plea was entered on an
early occasion.
If the court do not proceed, they must give reasons.
When proceedings are commenced by summons or written charge and
requisition then the above applies, however, it must first be proved to the
satisfaction of the court that service on the accused was done at a reasonable
time before the hearing.
If the accused does not appear and the conditions for proceeding in their absence are
satisfied, a not guilty plea is entered on behalf of the accused and the burden is then
on the prosecution to prove the case to the normal criminal standard.
- Any oral or written evidence is admissible in the absence of objection from the defence,
positive consent is not required.
D22.14 If the prosecution evidence is insufficient, the court is of course obliged to acquit the
accused. However, if the case is proved, the Court will either proceed immediately to
sentencing or may adjourn to give the accused notice to attend their sentencing.
If the trial does not proceed due to the absence of a party, the court does have the
power to adjourn the case.
o Trial may resume after, where the court is satisfied that parties have been given
adequate notice of the adjournment date or when the next hearing is due to
resume (depending on fixed date or not).
- The court also has the right to issue an arrest warrant in this circumstance, if the offence
is imprisonable.
*A court will only not proceed if it appears contrary to the interest of justice to do so.
To establish this, the court will take into account the following:
(i) The reasons offered by the accused for their absence;
(ii) The reliability of the information supplied in support of those reasons;
(iii) The date on which the reasons for absence became known to the accused,
and what action the accused took in response to those reasons.
However, in the Magistrates’ Court, there is no obligation to investigate reasons for
absence if they are not provided.
The court will draw a line between voluntary and involuntary absence.
- An absence being someone’s fault does not always mean it was their choice.
Discretion not to Proceed on Account of Delay
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