Summary trial

Question 1

Who are justices of the peace?

Answer 1

lay magistrates

Question 2

when is a court officer needed?

Answer 2

lay magistrates only

i.e not when district judge is sitting

Question 3

why would D b advised to elect trial in CC?

Answer 3

magistrates/ district judges rule on admissibility of evidence

so even if not admissible they have still seen it and need to ignore!

Question 4

When do mags determine admissibility of evidence at trial?

Answer 4

have discretion

can rule on s78 application immediately OR hear all the evidence (inc disputed evidence that it is admissible) before ruling on admissibility

Question 5

when will the defence identify matters in issue?

Answer 5

when asked by mags/ DJ (assist understanding)

why? bc in mags there is no requirement for a defence statement !

Question 6

how is evidence presented?

Answer 6

• calling witnesses
• reading WS (agreed or successful hearsay application)
• reading admissions (facts are agreed by P & D)

Question 7

when may court acquit for no case to answer?

Answer 7

• Defence application
• Court decides

insufficient for any reasonable court to properly convict = acquit

Question 8

what should D be informed of?

Answer 8

• right to give evi
• effect of not giving evi or refusing to answer a question if reasonably expected to do so (adv inferences)

Question 9

When can the prosecution make a closing speech?

Answer 9

• D is represented
• D (represented or not) has introduced *evi other than their own**

evidence =

defence can ALWAYS

Question 10

what happens if mags request legal advice from court officer?

Answer 10

nb - legal advisor / officer assists mag with law

request in open court

if any advice given not in open court - officer should inform advice is provisional & repeat in open court to allow representations from P & D

Question 11

what can happen if 2 mags hear a case?

Answer 11

if cannot deliver verdict must adjourn for re-hearing by new bench

Question 12

what happens if guilty verdict?

Answer 12

mags must give sufficient reasons for decision

Question 13

how do you address a district judge in mags court?

Answer 13

sir or madam

your honour is acceptable but less common