Crim Unit 10 - Summary Trial Procedure

Summary Trial Procedure

• Pre-trial rulings: Pre-trial hearings and rulings are key aspects of summary trials. These hearings determine questions of evidence admissibility and other legal issues before the trial itself. Rulings are binding until the case is resolved.

• Defendant absence: If the defendant is absent, the trial can proceed if it's not against the best interests of justice, and the defendant is 18 years of age. If younger, the case may proceed only if it's not contrary to the best interests of justice.

• Abuse of process in magistrates' courts: Improper use of legal procedures within the magistrates' courts can cause a case to be deemed invalid.

• Procedure in summary trials: Court proceedings follow specific procedures. This includes the role of authorized court officers, presenting evidence, and addressing points of law during summary trials.

• No case to answer: The accused can argue that the prosecution hasn't presented enough evidence to justify a conviction. The court assesses the evidence presented by the prosecution and makes a decision.

• Verdicts: The judge determines final outcome of the trial based on the evidence presented and accepted by the court.

Pre-trial Rulings

• Material: Pre-trial hearings and rulings are essential parts of summary trials. Blackstone's Criminal Practice 2025, paragraph D21.35, outlines this material.

• Magistrates' Powers: Magistrates have the authority to decide questions of evidence admissibility and other legal issues. This power is specific to cases with a not-guilty plea.

• Interests of Justice: Rulings can only be made if both parties have a chance to be heard. And, it must be in the best interests to make the ruling. If the person is unrepresented, an opportunity to apply for legal aid must be given.

Proceeding to Trial in Absence of Defendant

• Procedure: Trial procedure in the absence of the defendant, failure of parties or witnesses to appear, and adjournment powers, are key procedural aspects of the trial. Blackstone's Criminal Practice 2025, sections D5.46, D22.12, and D22.14, cover important aspects.

• Notice Requirements: The court needs sufficient notice regarding the continuation of the trial, if the accused was not present for the adjournment.

• Initiation by Summons/Requisition: If the trial is initiated by summons or requisition, it must be proved to the court that the summons (or requisition) was served according to a reasonable timeframe prior to the hearing.

Abuse of Process in Magistrates' Courts

• Delay as Abuse: Excessive delay in a case can be viewed as abusing the legal process. Brentford Justices, ex parte Wong case, outlines the principle of the magistrates' discretion to refuse to proceed due to unreasonable or deliberate delay.

• Inordinate/Unconscionable Delay: Delay due to the prosecution's inefficiencies and prejudiced the defence is a consideration for not proceeding further. Unreasonable or inordinate delay by the prosecution can justify not proceeding

Procedural Steps in Summary Trials

• Plea of Not Guilty: If the defendant pleads not guilty, the prosecution presents their case with an opening speech, witnesses to testify, and the presentation of written evidence.

• Evidence and Witnesses: Procedures and rules governing the presentation and use of written statements are key aspects of a summary trial. Witnesses are called to provide evidence. The defense may request that the prosecutor present additional witnesses.

• Objections to Evidence: Proper legal procedure applies to objections, including those based on admissibility.

Submission of No Case to Answer

• Accused Rights: Defendants can ask for the dismissal of a case if the prosecution hasn't shown sufficient evidence. The court will examine the evidence.

• Prosecutor's Right of Reply: If the court begins to consider dismissing the prosecution's case, the prosecution can argue why the case should continue.

Verdicts

• Reasoning: If the court convicts, the reason for that verdict must be clearly stated.

• Lesser Offences: In some cases, the court may find a defendant guilty of a lesser offence than the one charged—this would not be possible if the defendant was found not guilty of the alleged offense.