Summary trial

Question 1

What are the court room etiquettes taken in MC?

Answer 1

• Trials take place before a bench of at least 2 but usually 3 lay magistrates or before a single District Judge (professional lawyers)
• lay magistrates are not professional lawyers but unpaid volunteers who receive training to assist District Judge with law and procedure in court
• authorised court officer will provide assistance to justices of peace (lay magistrates) with relevant law and procedure when required - they take no part in deciding verdict but they MUST be present suring trial judged by lay magistrated but not required for those presided by District Judge

adverserial trial whereby judge decides both matter of facts and law

Question 2

How does the court procedure start in MC?

Answer 2

Legal arguments made:
* magistrates usually have discretion as to when to determine questions of admissibility
* e.g., can rule on an s.78 application when it arises or hear all evidence before ruling on admissibility

Question 3

What follows from the legal arguments in a summary trial?

Answer 3

• Prosecution opening speech: they summarise their case, identify relevant law, outline facts and indicate matters likely to be in dispute
• Defence identify matters in issue: magistrates or Judge are entitled to ask defence to identify consisely what is in issue in case so to better understand case (unlike CC, there is no requirement for a defence statement)

Question 4

Once prosecution has concluded opening speech, what follows?

Answer 4

Prosecution will present evidence to court - this can be presented by:
* calling witnesses
* reading witness statements (where evidence of witness is not in dispute or prosecution has made successful application to read statement under hearsay provisions)
* reading admission (facts agreed by prosecution and defence)

Question 5

After prosecution has presented its evidence, there is a possibility of a submission of no case to answer, what is that?

Answer 5

On D’s application or court’s own initiative, court may acquit on ground that prosecution evidence is insufficient for any reasonable court to properly convict?

Question 6

If case still continues following submission of no case, what follows next?

Answer 6

D must be informed of their right to give evidence and potential effect of not doing so at all, or refusing to answer questions while doing so

Remember, D do not have to give evidence or say anything at trial as such advice must be given if done so

Question 7

Once D has been advised, what should the defence do?

Answer 7

They should produce their evidence:
* calling witnesses
* reading witness statements
* present written admissions

= witnesses will be examined in chief, cross examined and re-examined in same order as D

Question 8

The next stage is the prosecution & defence closing speeches, what is involved?

Answer 8

Prosecution closing speech is first and is only entitled to give speech where:
- D is represented
- or whether or not represented, D has introduced evidence other than their own

Defence closing speech is followed where D’s legal representative makes closing speech on behalf of D - defence are always entitled to make closing speech

Question 9

Once the closing speeches are all done, what is followed?

Answer 9

• before retiring to consider verdict, legal adviser (authorised court officer) will advise magistrates in open court on any matters of law that are required - rarely needed if District Judge is hearing case.
• magistrates then retire to consider verdict, if magistrates require assistance from authorised court officer after retirement, this needs to requested in open court
  - if not in open court, authorised officer should inform magistrates that advice is only provisional - then should repeat advise in open court to allow representation from prosecution or defence

Question 10

Once magistrates have deliberated, then comes the verdict, which involves?

Answer 10

Verdict is announced in open court
* where there is disagreement amongst three lay magistrates, view is that majority prevails but if only two hear case and there is disagreement, case must be adjourned for rehearing before new bench

Where guilty:
- magisrates/district judge must explain decision and give sufficient reasons as to why