SUMMARY TRIAL
SYLLABUS REFERENCE:
8. Summary trial procedure
The circumstances in which the Magistrates can proceed in the absence of the
defendant,
Abuse of process in the Magistrates’ Court (key principles only),
The procedural steps in a summary trial, including reading statements and formal
admissions,
Submission of no case to answer
Order of speeches,
Verdicts,
Costs after trial (key principles only),
The role of the Magistrates’ Legal Advisor in the trial (key principles only).
READING:
Required reading
CLS Crim Lit Manual 2014, Chapter 5
Blackstone’s – see Reading List SGS 3
Pre-Trial Rulings
8A applies where the case is tried summarily where the accuse has entered a NG plea
(8A (1)) Pre-trial hearing is a hearing that takes place before the court begins to hear evidence from the prosecution at the
trial. (8A (2))At this hearing the Mag may decide any question as to the admissibility of evidence and any other question of law
relating to the case. These ruling can be made from the P, D or the Court. If he/ she is unrepresented they must be given the
chance to apply for legal aid
(8A (4))
Such ruling may be made only the court has giving the parties an opportunity to be heard
And it is in the interest of justice to make the ruling
(8B(1)) This ruling is binding until the case against the accuse is disposed of
8B: effect of rulings at pre-trial hearing
The case is disposed of if:
The accuse is acquitted or convicted or
the P decided not to proceed with the case or
The case is dismissed
The court may discharge or vary a pre-trial ruling if:
it is in the interest of justice and
parties are given an opportunity to he heard
Parties may apply for a ruling to be discharged or varied if:
There has been material change in circumstances since the ruling was made
There has been a previous application being made since the making of the current application
R(CPS) v Gloucester Justices [2008]- Common law Rule
Power of the Mag Court to vary the pre-trial ruling of its own motion would be difficult to accept that it is in the interest of
justice for the court to annul or discharge its own ruling without a compelling reason to do so such as a change in
circumstances or fresh evidence. It not sufficient that a different bench reaches a different conclusion on the same material
The common law rule remains but would be relevant only to those cases where s8A and s8B do not apply (only applies a
summary trial will occur)
An error of law in this ruling form the basis of an appeal by way of case stated once there has been a final determination of the
proceedings in the Mag court
Case stated: where a court or tribunal can ask another court for its opinion on a point of law
Procedure at trial
1
, Vast majority of criminal cases are tried in the magistrates’ courts
Role of court legal adviser/clerk
CrimPR, r 37.14:
before the hearing begins, drawing the court’s attention to the issues in the case;
giving the court legal advice (if necessary, attending the members of the court
outside the courtroom to give such advice, but informing the parties of any such
advice given outside the courtroom);
assisting an unrepresented defendant;
making a note of the substance of any oral evidence or representations;
ensuring that an adequate record is kept of the court’s decisions and the reasons
for them.
Must not play any part in making findings of fact (Cooper v Wrexham Magistrates
Court [2010] EWHC 2226 (Admin)).
See also Criminal Practice Direction VI, section 37A
Case management in the magistrates’ court (Preliminary hearings in
the Magistrates’ Court – section 4 syllabus)
CrimPR Part 3 – requires active case management by the courts
o Requires the parties to assist in this active case management
Guidance on active case management:
1. The plea should be taken at the first hearing (if the plea cannot be taken, the
court must find out what the plea is likely to be)
2. If the plea is “guilty”, the court should pass sentence on the same day, if at all
possible
3. If the plea is “not guilty”, the parties must identify the disputed issues and
inform the court
R (Firth) v Epping Magistrates Court (2011)
Legal Principle: Contents of case management forms could be relied upon by the
prosecution if they contain admissions by the accused
BUT THEN…
R v Newell (2012)
Legal Principle: only in exceptional cases that the prosecution will be able to rely
on admissions made by the accused in case management forms unless those
admissions count as formal admissions
Pre-Trial Hearings
S 8A MCA 1980 – provides that, where the accused is to be tried summarily and
has pleaded not guilty, a pre-trial hearing may take place
2
SYLLABUS REFERENCE:
8. Summary trial procedure
The circumstances in which the Magistrates can proceed in the absence of the
defendant,
Abuse of process in the Magistrates’ Court (key principles only),
The procedural steps in a summary trial, including reading statements and formal
admissions,
Submission of no case to answer
Order of speeches,
Verdicts,
Costs after trial (key principles only),
The role of the Magistrates’ Legal Advisor in the trial (key principles only).
READING:
Required reading
CLS Crim Lit Manual 2014, Chapter 5
Blackstone’s – see Reading List SGS 3
Pre-Trial Rulings
8A applies where the case is tried summarily where the accuse has entered a NG plea
(8A (1)) Pre-trial hearing is a hearing that takes place before the court begins to hear evidence from the prosecution at the
trial. (8A (2))At this hearing the Mag may decide any question as to the admissibility of evidence and any other question of law
relating to the case. These ruling can be made from the P, D or the Court. If he/ she is unrepresented they must be given the
chance to apply for legal aid
(8A (4))
Such ruling may be made only the court has giving the parties an opportunity to be heard
And it is in the interest of justice to make the ruling
(8B(1)) This ruling is binding until the case against the accuse is disposed of
8B: effect of rulings at pre-trial hearing
The case is disposed of if:
The accuse is acquitted or convicted or
the P decided not to proceed with the case or
The case is dismissed
The court may discharge or vary a pre-trial ruling if:
it is in the interest of justice and
parties are given an opportunity to he heard
Parties may apply for a ruling to be discharged or varied if:
There has been material change in circumstances since the ruling was made
There has been a previous application being made since the making of the current application
R(CPS) v Gloucester Justices [2008]- Common law Rule
Power of the Mag Court to vary the pre-trial ruling of its own motion would be difficult to accept that it is in the interest of
justice for the court to annul or discharge its own ruling without a compelling reason to do so such as a change in
circumstances or fresh evidence. It not sufficient that a different bench reaches a different conclusion on the same material
The common law rule remains but would be relevant only to those cases where s8A and s8B do not apply (only applies a
summary trial will occur)
An error of law in this ruling form the basis of an appeal by way of case stated once there has been a final determination of the
proceedings in the Mag court
Case stated: where a court or tribunal can ask another court for its opinion on a point of law
Procedure at trial
1
, Vast majority of criminal cases are tried in the magistrates’ courts
Role of court legal adviser/clerk
CrimPR, r 37.14:
before the hearing begins, drawing the court’s attention to the issues in the case;
giving the court legal advice (if necessary, attending the members of the court
outside the courtroom to give such advice, but informing the parties of any such
advice given outside the courtroom);
assisting an unrepresented defendant;
making a note of the substance of any oral evidence or representations;
ensuring that an adequate record is kept of the court’s decisions and the reasons
for them.
Must not play any part in making findings of fact (Cooper v Wrexham Magistrates
Court [2010] EWHC 2226 (Admin)).
See also Criminal Practice Direction VI, section 37A
Case management in the magistrates’ court (Preliminary hearings in
the Magistrates’ Court – section 4 syllabus)
CrimPR Part 3 – requires active case management by the courts
o Requires the parties to assist in this active case management
Guidance on active case management:
1. The plea should be taken at the first hearing (if the plea cannot be taken, the
court must find out what the plea is likely to be)
2. If the plea is “guilty”, the court should pass sentence on the same day, if at all
possible
3. If the plea is “not guilty”, the parties must identify the disputed issues and
inform the court
R (Firth) v Epping Magistrates Court (2011)
Legal Principle: Contents of case management forms could be relied upon by the
prosecution if they contain admissions by the accused
BUT THEN…
R v Newell (2012)
Legal Principle: only in exceptional cases that the prosecution will be able to rely
on admissions made by the accused in case management forms unless those
admissions count as formal admissions
Pre-Trial Hearings
S 8A MCA 1980 – provides that, where the accused is to be tried summarily and
has pleaded not guilty, a pre-trial hearing may take place
2
