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Summary Trial - Coggle Diagram

- - - - PROSECUTION RIGHT OF REPLY When the justices are provisionally minded to uphold the submission of no case to answer they should first call on the prosecution to address them
        So that the prosecutor has an opportunity to address the court to show why the case should not be dismissed
        This means that the prosecution have the right to reply to the defence submission that there is no case to answer unless
        Having heard the defence submission the magistrates decide to rule that there is a case to answer and indicate this fact to the prosecutor
- - - - For example, D appealed against conviction for a number of motoring offences on the ground that the magistrates should not have allowed the police officer who had stopped the vehicle to make a 'dock identification' of him, and that an identification parade should have been held. He argued that the decision in Barnes v DPP permitting dock identifications in such cases was incompatible with the HRA 1998.
        
        POSITION OF JUSTICES FOLLOWING APPLICATION Justices who have ruled on an application for special measures are not disqualified from hearing the case against the accused
        For example, the prosecution made an application for the use of screens in relation to a prosecution witness, on the grounds that she would feel intimidated having to give evidence in D's presence and had been intimidated.
        The question to be decided was whether the justices should withdraw from the case after hearing the application.
- - - - TRIAL IN THE ABSENCE OF THE ACCUSED:POWERS AND PROCEDURE
        If the prosecutor appears but the accused does not at the time an place appointed for the trial and the accused has reached the age of 18 and above the court must proceed in the absence of the accused UNLESS it appears to the court that it is against the interest of justice to do so
        The GENERAL RULE is that were an adult accused is absent the court will proceed as if the accused were present and unless a plea was entered on an earlier occasion, had pleaded not guilty and the court must give reasons if it does not do so
        However, where proceedings were commenced by summons or by written charge and requisition then (unless the accused has appeared on a previous occasion in answer to the summons or requisition) it must be proved to the satisfaction of the court that the summons (or requisition) was served on the accused a reasonable time before the hearing
        
        Where the case has been previously adjourned it is necessary to satisfy the court that the accused has has REASONABLE NOTICE of when and where the hearing would resume
        If the accused does not appear and the conditions for proceeding on their absence are satisfied a not guilty plea is entered on behalf of the accused
        The burden is then on the prosecution to prove the case to the normal criminal standard WHETHER by calling oral evidence or by reading statements served on the accused- such statements are admissible in the absence of objection from the defence- positive consent is not required
        Should the prosecution evidence turn out to be insufficient the court is obliged to acquit the accused
        It the case is proved the court may either proceed immediately to sentence or in certain circumstanced it may adjourn to give the accused notice to attend for sentencing
        
        DETERMINING WHETHER TO PROCEED TO TRIAL IN THE ACCUSED ABSENCE The court shall not proceed in the absence of the accused if it considers that there is an acceptable reason for his failure to appear However, the court is not required to inquire into the reasons for the accused's failure to appear before deciding whether to proceed in their absence Section 11(7) requires the court to state in open court its reasons for not proceeding in the absence of an accused who has attained the age of 18 and above and who fails to attend Proceeding in the absence of an accused who fails to attend is the default position where the accused is aware of the date of trial and no acceptable reason is offered The court should take into account any reasons for absence that are put forward the reliability of the information supplied in support of those reasons, the date when the reasons for absence became known to the accused and what the accused did thereafter That trial in absence can and have sometimes does result in acquittal than an accused who is convicted can ask by applying under s142 MCA 1980 that the conviction be reopened in the interests of justice For example, if the absence was involuntary and that an accused who is convicted has a right to a rehearing in appeal to the CROWN COURT
        
        WARRANT FOR ARREST Where the court instead of proceeding in the absence of the accused, adjourns or further adjourns the trial, it has the option of issuing an arrest warrant so far the offence is punishable with imprisonment or the court having convicted the accused proposed to impose a disqualification
        It must be proved to the satisfaction of the court that the summons or requisition was served on the accused within a reasonable time before the trial
        UNLESS the current adjournment is a second or subsequent adjournment of the trial, the accused was present on the last occasion when the trial was adjourned and the date for the present hearing was fixed then
        If the accused appears to be evading service of the summons or requisition and the offence is an indictable one, it is open to the prosecution to start proceedings again by seeking an arrest warrant
        THE MCA 1980 S.1(6) where the offence charged is an indictable offence, a warrant may be issued at any time notwithstanding that a summons has or a written charge and requisition have previously been issued
        If the accused is currently on bail and fails to attend court an arrest warrant may in any even be issued
        
        DELAY IN SERVICE OF SUMMONS OR REQUISITION There is NO SPECIFIC TIME-LIMIT which the summons or requisition must be served once an application for summons has been made or a written charge issued
        However, excessive delay in effecting service could amount to an abuse of process, giving the court the power to dismiss the case
        For example, where the summons was served almost two years after issue. It was held that when service of the summons is delayed so long as to produce substantial prejudice to an accused or to be unconscionable, the justices have a discretion to decline to proceed to hear the case
        Where the accused has not tried to evade service or in any way contributes to the failure to effect service- for example, by giving a wrong address or by failing to leave a forwarding address
        There is a clear inference that something had gone wrong with the process serving procedures and in such circumstances the justices are entitled and in appropriate cases bound to refuse to proceed with the case
        
        FORMAL ADMISSIONS
        Where a party introduces into evidence a fact admitted by another party or the parties jointly admit a fact a written record MUST unless the court directs otherwise be made of the admission- s10 of the Criminal Justice Act 1967
- - - - THE STATUTORY FUNCTIONS OF JUSTICED LEGAL ADVISERS
        The Courts Act 2003 s28(1) empowers the Lord Chief Justice to authorise a person:
        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
        AND
        To bring to the attention of the justices of peace, at any time when the person thinks appropriate, any point of law including procedure and practice that this or may be involved in any question so arising
        
        FURTHER ROLES OF THE JUSTICES LEGAL ADVISER The adviser should provide the court with any legal advice that it needs to carry out it functions whether the court asks for advice or not
        Including advice questions of law, or of mixed law and fact, matters of practice and procedure
        Relevant judicial decisions that bind the court
        The process to be followed in order to reach a decision and when sentencing
        The range of penalties and order available when sentencing and the matters to be taken into account in accordance with any relevant sentencing guideline
        In order to provide legal advise the adviser MUST (if necessary) attend the members of the court outside the courtroom and in that event must inform the parties (if present) of any advice given in private
        The adviser must allow the parties if present an opportunity to make representations to the court about that advice
        
        The adviser may ask questions of a party or witness on the courts behalf to clarify representations and evidence
        Where a party has no legal representative the adviser should assist that party to understand what the court requires and why to provide information required by the court to prepare for trial or to carry out its other functions and if necessary to make representations to the court to give evidence
        
        The adviser must if necessary assist the court with the formulation and the recording of reasons for its decisions and make may announcements on the courts behalf (other than an announcement of an allocation or sending decision and indication of likely sentence or a verdict or sentence
        
        The adviser must AVOID the appearance of advocacy for a party and must follow the same principles that apply to courts of independence, impartiality, integrity, propriety, competence, diligence and ensuring fair treatment
        
        The further duties of the justices legal adviser during the trial and or sentencing hearing INCLUDE:
        Drawing the courts attention before the hearing begins
        When it comes 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 case
        Whenever necessary giving the court legal advice and if necessary attending the members of the court outside the court room to give such advice so long as the parties are informed outside the courtroom
        Assisting the court in the formulation of its reasons and the recording of those reasons
        Assisting the accused if unrepresented
        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 out of the courts decisions and the reasons for them
        Making any announcement other than of the verdict or sentence