#10386 - Summary Trial - BPC Criminal Litigation (formerly BPTC) 2024/2025

SUMMARY TRIAL

The information / written charge

• written charge + requisition

  • = post 2003 procedure for public prosecutions

  • written charge - when issued begins proceedings

  • requisition - issued at same time as written charge - requires D to attend mags' to answer written charge

  • serve on D + serve copies on court named

  • public prosecutor issues (police, DPP, AG etc.)

  • advantage over laying information + obtaining summons (pre-2003 for public pros)

    • pros can start proceedings WITHOUT court having a say

    • speed up process - matter does NOT have to be approved by clerk / justice

• information + summons

  • = post 2003 procedure for:

1. private prosecutions; and

2. public prosecutions for purposes of obtaining issue of a warrant

• duplicity

  • duplicitous = 2 offences charged within written charge / information

  • if duplicitous, pros can elect which charge to proceed with

  • BUT single document may contain more than 1 written charge / information (CrimPR r7.2(4)

Which mags' court summary trial should take place in

• mags' have jurisdiction to try summary + either way offences (MCA s2)

• which mags'?

  • Lord Chancellor gives directions as to distribution + transfer of business in mags'

  • when D charged, pros decide which mags' should appear before, taking account of directions

    • usually mags' in local justice area of offence OR where D resides

• transfer between mags'

  • general power

    • court can - on application of a party / of own motion - transfer case at any stage during proceedings

    • should invite representations from all parties before doing

    • no appeal (s27A MCA)

  • specific statutory provisions

    • PCC(S)A s10(1) if convicted in 1 mags', who are then inform also convicted of another offence in another mags' for which he is yet to be sentenced, can remit to other court

Time within summary trial should take place

• summary offences - mags' must issue written charge + requisition OR serve information 6 months from the date of the commission of the offence / for continuing offences, when offence ceased to be committed (s127 MCA 1980)

• either-way offences - NO time limit

• if statute specifies time period - applies to both summary only and either-way

Disclosure in advance of summary trial

• pros disclosure

  • initial details

    • initial details = summary of pros case and / or any written statements or documents setting out facts or matters pros base case on

    • by no later than beginning of day of first hearing in case, pros must - if requested - provide initial details to defence (Part 21 CrimPR)

------AND------

• pre-trial disclosure

  • D also has right to pre-trial disclosure of pros case, in sufficient time to properly consider evidence before called (i.e. all evidence pros intends to rely on) (AG's Guidelines on Disclosure)

  • necessary to satisfy art 6

• defence statement in mags'

  • mandatory in CC

  • optional in mags'

  • BUT if choose to serve and DON'T fulfil requirements, adverse inferences can be drawn

  • advantage of serving: triggers further pros check for previously undisclosed material which may assist D's defence

Special pleas in the context of summary trial

• autrefois acquit + convict

  • apply as in CC

  • NO set procedure

• unfitness to plead

  • NO set procedure (s4 Crim Procedure (Insanity) Act does NOT apply)

  • if thought D would be unfit to plead if being tried on indictment, defence have 2 options:

    • elect CC trial (if either-way) + JPs may decline jurisdiction on this basis anyway

    • D enters NG plea, pros put to proof + will be difficult to prove MR AND common-law defence of insanity available

    • JPs invite court to make hospital order without convicting D (MHA s37)

Procedure at summary trial

• case management

  • court + parties required to practise active case management (CrimPR part 3)

  • particular requirements:

1. plea should be taken at first hearing (if CANNOT be taken, court should find out what likely to be)

2. G plea - unless committing to CC for sentence, mags' should sentence on same day if possible

3. NG plea - parties must ID disputed issues + inform mags (fill out Trial Prep form)

   • contents of Trial Prep form are admissible formal admissions only if in section of form relating to admissions

   • if NOT in admissions sections, only = formal admissions in exceptional circumstances

   • the timetable

     • must set

     • estimate of more than 1 day should be scrutinised with 'utmost rigour'

     • proportionate approach required - focus on simplicity + speed

     • should check timetable still valid at start of trial

• early administrative hearings

  • only applies if D charged at police station

  • mags' of first appearance may consist of single JP (s50 CDA 1998)

  • procedure

1. D asks if wants legal aid

2. if does, must arrange for D to apply for + obtain (may adjourn for this + remand in custody / on bail)

• pre-trial hearings

  • if D to be tried summarily AND has pleaded NG, pre-trial review may take place (s8A MCA)

  • the hearing

1. mags' may, if in interests of justice, make ruling on admissibility of evidence + Qs of law

2. court decides to make ruling of own initiative OR on application of a party

3. if ruling to be given:

1. mags' must give parties opportunity to make representations

2. unrepresented D must be given opportunity to apply for legal aid

4. any ruling is binding until case against D concluded, including on mags' who eventually try case (s8B)

5. can apply for ruling to be varied / discharged, if has been 'material change of circumstances' since original ruling i.e. a compelling reason

Attendance at summary trial

• D fails to attend (MCA 1980 s11)

  • general rule

    • mags' must (over 18) / may (under 18) hear case in D's absence UNLESS contrary to interests of justice

      • court shall NOT proceed in D's absence if acceptable reason for failure to attend (BUT court NOT under duty to inquire into reasons for D's absence)

      • exercise with utmost care + caution

      • rarely right to proceed if absence involuntary (unless D represented + asks for trial to start)

      • if court suspects grounds to be spurious, should say + give D opportunity to resolve doubts can proceed in exceptional circumstances

    • either way offence: above apply BUT can only proceed in D's absence if present at mode of trial hearing + consented to summary trial

  • D's knowledge of proceedings

    • proceedings commenced by written charge / summons

      • pros must prove requisition / summons served in accordance with r4.7 i.e. sent by 1st class post to D's address (not received)

    • proceedings commenced with arrest + charge

      • D will be aware of proceedings from charge sheet / first hearing

      • if D did NOT in fact know about proceedings

        • can serves statutory declaration within 21 days of when first had knowledge of summons

        • summons AND proceedings voided

        • likely retrial

  • effect of proceeding in D's absence

1. NG plea entered on D's behalf

2. pros evidence called

3. D often convicted, as defence case NOT heard, pros evidence untested by XX

   • presence through representation

     • D who is legally represented deemed to be present, unless presence expressly required by statute e.g. if D fails to surrender to custody in answer to bail

• disorderly D

  • D may be removed from court, if behaviour so disruptive proceedings cannot continue

  • proceedings then continue in D's absence

• absence of prosecutor

  • if pros absent, court may:

1. if no evidence received AND NO good reason for pros's absence, dismiss case; OR

2. adjourn trial (can only remand in custody if came from custody); OR

3. if evidence received (i.e. part heard), proceed in pros's absence

• G plea by post (s12 MCA 1980)

  • prosecutor has discretion to allow D to plead G by post if

1. offence is summary (most commonly used for driving offences); AND

2. proceedings started by service of written charge / summons

   • procedure

1. pros:

1. serves on D:

   1. written charge / summons

   2. brief statement of facts / W statements

   3. any info re: D which will be placed before court

   4. notice explaining procedure

2. informs court documents served

2. D pleading G tells court, may include statement of mitigation

3. neither pros nor defence represented or appears at court - statements read in court (if not, conviction quashed)

4. mags' may:

1. pass sentence OR

2. adjourn for D to be present (must if wish to pass custodial sentence / disqualify from driving in D's absence)

Speeches at summary trial

• opening speech

  • pros has right to make before calling evidence

  • summarises pros case, IDs relevant law + facts (crimPR r37.3(3)(a))

  • usually short, sometimes dispensed with in simple cases

• closing speech

1. pros makes representations in support of case if D is represented OR has called evidence other than own testimony

2. defence makes representations in support of D's case

The pros case at summary trial

• general rules

  • after opening speech, pros must call evidence (r37.3(3)(b))

  • if pros W attends court to give evidence, pros obliged to call (if defence requests) OR tender for XX

  • if pros serves bundles of WSs on defence prior to trial must call those Ws whose statements served (unless CC exception applies)

  • otherwise, pros has unfettered discretions which Ws to call - will call evidence upon which it relies

  • JPs CANNOT compel pros to call W, but can rule that interests of justice require particular W to be called + it would be unfair to defence NOT to AND can call W themselves

Form of W evidence at summary trial

1. live Ws

   • disputed evidence - can XX on

2. pros read statements

   1. by consent (s9 CJA 1967)

   • undisputed evidence

   • can read in full, or parts summarised at court's discretion

   • must meet following conditions:

     • signed by maker

     • declaration signed by maker that statement true to best of knowledge etc.

     • 7 days before hearing copy...