The sequence of events where the defendant pleads guilty to a summary offence is as follows:
- The Crown prosecutor or lay presenter from CPS will give the court a resume of the facts of the case.
- The defendant is asked if he asked if he agrees with those facts (if he does not the magistrates may have to hold an inquiry, called a Newton hearing, to establish the facts).
- The defendant’s past record of convictions, if any is given to the court.
- Other information about the defendant’s background, especially his financial position, is given to the court.
- Any relevant reports are considered by the magistrates; these may include a pre-sentence report prepared by a probation officer and/or a medical report on the defendant’s mental health
- The defendant or his lawyer can then explain any matter which might persuade the magistrates to give a lenient sentence. This is called making a speech in mitigation.
- The magistrates decide the sentence.
If the defendant pleads guilty the procedure becomes more complicated, as both sides produce evidence to the court.
Since the burden of proof is on the prosecution, it will begin the case – usually by making a short speech outlining what the case is about and what they hope to prove.
Prosecution witness will then be called one at a time to give evidence, and prosecutor will question each to establish what he or she saw and heard which is called the examination of the chief.
The defence will then cross-examine that witness to test their evidence and try to show that it is not reliable.
At the end of the prosecution case the defence can submit to the magistrates that there is no answer and that the case should be dismissed at this point, because the prosecution has to prove the case and if its evidence does not establish a case, then it must be dismissed.
Due to the Criminal Justice and Public Order Act 1994, the magistrates can draw their own conclusions from the fact that the accused stays silent and does not explain his side of the matter. If the defendant does not give evidence, he can be cross-examined by the prosecutor, as can any defence witnesses.
Once all evidence has been given, the defence has the right to make the speech pointing out the weaknesses of the case to the magistrates and try to persuade them to acquit the defendant.
If the magistrates dismiss the case, the defendant is free to go and cannot usually be tried for that offence again.
Trial either way offences are entitled to a plea before venue procedure the defendant is first asked whether he pleads guilty or not guilty. If he pleads guilty, then he has no right to ask to go to the Crown Court although the magistrates may still decide to send him there for sentence.
If defendant pleads guilty Magistrates will hear facts and decide if their sentencing powers are sufficient. If sufficient the offender will be sentenced. If not, they will send the defendant to the Crown Court for sentencing.
If the defendant pleads not guilty the magistrates must carry out ‘Mode of Trial’ proceedings to establish where the case will be tried.
Under s 19 of the Magistrates’ Court Act 1980 they must consider the nature and seriousness of the case, their own powers of punishment and any representations of the prosecution and defence.
In rare cases where the Attorney-General, Solicitor-General or the Director of the Public Prosecutions is the prosecutor, the magistrates, under s 19(4) of the Magistrates’ Court Act 1980, must send the case to the Crown Court if that is what the prosecution wants.
Magistrates decide whether or not to accept jurisdiction.
If the magistrates accept jurisdiction, the defendant elects place of trial; Magistrates’ or Crown Court.
If the magistrates refuse jurisdiction the defendant is sent to the Crown Court for trial.
Notes:
Did not mention indictable offences and which court they are held in.
