Crim Unit 10 - Summary Trial Procedure

<p>Pre-trial rulings can be used to determine the admissibility of key pieces of evidence before the trial, ensuring that the magistrates do not hear any inadmissible evidence. (C)</p> Signup and view all the answers

<p>Statements read by consent admit a specific fact, while formal admissions admit to all charges against the defendant. (A)</p> Signup and view all the answers

<p>To ensure that confessions are obtained fairly and without coercion. (B)</p> Signup and view all the answers

<p>To allow judges to exclude evidence that would be unfair to the defendant. (D)</p> Signup and view all the answers

<p>Magistrates have discretion to decide when to rule on evidence admissibility, even after the prosecution has presented its evidence. (A)</p> Signup and view all the answers

<p>Proceed in the absence of the accused if it's not contrary to justice (A)</p> Signup and view all the answers

<p>If the court deems it necessary after considering circumstances (C)</p> Signup and view all the answers

<p>Adequate notice must have been given to the parties (A)</p> Signup and view all the answers

<p>The summons was served in a timely manner (B)</p> Signup and view all the answers

<p>The case is automatically adjourned (D)</p> Signup and view all the answers

<p>Based on evidence provided by the prosecution (C)</p> Signup and view all the answers

<p>Whether the accused was informed of the adjournment (A)</p> Signup and view all the answers

<p>Beyond reasonable doubt (B)</p> Signup and view all the answers

<p>The court shall consider acceptable reasons for the accused's absence. (C)</p> Signup and view all the answers

<p>State its reasons in open court. (B)</p> Signup and view all the answers

<p>If the offence is punishable with imprisonment. (D)</p> Signup and view all the answers

<p>The accused's demeanor during previous hearings. (B)</p> Signup and view all the answers

<p>Request to reopen the conviction in the interests of justice. (C)</p> Signup and view all the answers

<p>The potential for acquittal during trials held in the accused's absence. (D)</p> Signup and view all the answers

<p>The accused must have been present at the last hearing. (A)</p> Signup and view all the answers

<p>To evaluate the validity of the response given by the accused. (A)</p> Signup and view all the answers

<p>The accused is required to confirm the not guilty plea. (C)</p> Signup and view all the answers

<p>To summarize the prosecution case for understanding. (A)</p> Signup and view all the answers

<p>The prosecutor is obliged to call the witness if the defense requests. (D)</p> Signup and view all the answers

<p>If the accused cannot obtain a fair trial. (A)</p> Signup and view all the answers

<p>The Criminal Justice Act 1967. (A)</p> Signup and view all the answers

<p>Create a written record of the admission. (D)</p> Signup and view all the answers

<p>The court has no power to compel the prosecution to call the witness. (D)</p> Signup and view all the answers

<p>The accused. (B)</p> Signup and view all the answers

<p>If there has been a material change of circumstances since the ruling (D)</p> Signup and view all the answers

<p>It is difficult for the court to annul its ruling without compelling reasons (B)</p> Signup and view all the answers

<p>The summons was served a reasonable time before the hearing (A)</p> Signup and view all the answers

<p>Procedures when a party is absent from the trial (C)</p> Signup and view all the answers

<p>The trial automatically proceeds in their absence (A)</p> Signup and view all the answers

<p>Review is permissible only if circumstances change or were not previously considered (B)</p> Signup and view all the answers

<p>If it does not appear contrary to the interests of justice to proceed (A)</p> Signup and view all the answers

<p>Conditions regarding service of summons must be satisfied (C)</p> Signup and view all the answers

<p>The admissibility of evidence and legal questions. (C)</p> Signup and view all the answers

<p>If it appears to be in the interests of justice. (D)</p> Signup and view all the answers

<p>It is no longer binding. (D)</p> Signup and view all the answers

<p>An opportunity to apply for legal aid. (A)</p> Signup and view all the answers

<p>By either the prosecution, defense, or the court's motion. (B)</p> Signup and view all the answers

<p>Section 8A (A)</p> Signup and view all the answers

<p>When it serves the interests of justice. (C)</p> Signup and view all the answers

<p>A decision made by a higher court. (C)</p> Signup and view all the answers

A party can apply to change a ruling only if circumstances have changed since it was made.

Significant change in situation that warrants revisiting a ruling.

The court can alter its own rulings only with compelling reasons like new evidence.

A trial can proceed without the accused present under certain conditions.

If under 18, the trial may proceed in absence; if over, it must proceed unless unjust.

Sets procedures for cases where a party is absent from trial.

Prosecution must prove that summons was served before trial starts.

Compelling reasons include new evidence or significant change in circumstances.

Hearings before trial to decide on evidence admissibility and legal questions.

A statute that regulates summary trial procedures for not guilty pleas.

Magistrates decide on evidence and legal issues after hearing arguments.

Accused can apply for legal aid if unrepresented at pre-trial.

Pre-trial rulings must be followed until the case is resolved.

A case is disposed of if accused is acquitted, convicted, or dismissed.

Court can change a pre-trial ruling if it's in the interests of justice.

Improper use of legal proceedings that can hinder justice.

A delay or pause in court proceedings to a later date.

Legal provision allowing a court to adjourn a case if parties or witnesses are absent.

Sufficient notification given to parties about court proceedings.

Continuing a trial when the accused does not appear, under certain conditions.

Provision allowing trial to continue if the accused (18+) is absent, unless against justice.

A plea entered on behalf of the absent accused if conditions allow proceeding.

Timeframe within which a summons should be served before the hearing.

Responsibility on prosecution to prove the case beyond a reasonable doubt.

The process where the accused confirms a not guilty plea previously made.

A speech by the prosecution to summarize the case and outline the main issues.

The accused may be asked to briefly identify issues in the case after the prosecution's opening.

The prosecution must call witnesses to testify if the defense requests it.

The process allowing the defense to question the prosecution's witnesses.

A collection of witness statements provided to the defense before trial.

The court can dismiss a case if it believes the accused cannot have a fair trial due to prosecution conduct.

A process of admitting facts into evidence, often requiring a written record of the admission.

Allows statements to be read by consent in court.

Pertains to formal admissions made by a defendant.

Whether evidence can be considered in court.

Magistrates can choose when to rule on evidence admissibility.

Decisions made before the trial regarding the admissibility of evidence.

Requires court to hear evidence about confession obtaining methods.

Allows court discretion regarding admissibility of evidence.

Ensures that defendants can challenge confession legality.

Court may proceed without the accused if they fail to appear but must not if there is an acceptable reason.

States that court shall not proceed in absence of accused if acceptable reason for absence is present.

Section 11(7) requires the court to state its reasons in open court if it chooses not to proceed in absence of accused.

Court considers reasons for absence, reliability of those reasons, and what the accused did post-absent notice.

Proceeding in absence may lead to acquittal or conviction; convicted individuals can seek to reopen cases.

MCA 1980, s. 13(1) allows issuing arrest warrants if trial is adjourned and accused's absence is justified.

For arrest warrants to apply, summons must be served reasonably before trial unless conditions are met.

Convicted accused can appeal, and in certain cases, reopen conviction if absence was involuntary.