Media Law: Magistrates' courts - summary cases
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- Created by: Alasdaire
- Created on: 07-02-23 15:43
Who are magistrates?
- most are part-time/ volunteer - lay magistrates
- at least two magistrates must sit to try a criminal case
- a trial in a magistrates' court is a summary trial
- at least two magistrates must sit to try a criminal case
- a trial in a magistrates' court is a summary trial
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who are the district judges?
- must have at least years' experience as a lawyer or legal executive, also sit in magistrates' court
- a district judge tries cases on their own
- a district judge tries cases on their own
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at their first appearance in court what is a defendant asked?
they are asked how they plead, in something called 'taking the pleas'
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what does pleading guilty mean?
the defendant is convicted of the charge
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what happens if a case is contested?
the case will be adjourned for a summary trial at a later date and the magistrates will decide whether to grant bail
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what can defendants in an either-way case do?
they can choose whether it is tried summarily or tried by a jury
a magistrate may choose the case is too serious for them and send it to a crown court
a magistrate may choose the case is too serious for them and send it to a crown court
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what is bail?
- courts grant liberty to a defendant until the next hearing
- defendant must turn up to the next hearing
- defendant must turn up to the next hearing
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why should a defendant not be granted bail?
- the defendant could abscond (avoid arrest)
- commit another offence
- obstruct the course of justice (by inteferring with a defendant)
- likely cause mental or physical injury to an associated person or cause them to fear injury
- for their safety
- all
- commit another offence
- obstruct the course of justice (by inteferring with a defendant)
- likely cause mental or physical injury to an associated person or cause them to fear injury
- for their safety
- all
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what is the court told when deciding bail?
the defendant's relevant previous convictions and some details of prosecution evidence about the charges
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what is surety?
the defendant has a friend or relative that will ensure the defendant's appearance at court
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what can a defendant do if they are refused bail?
they can appeal to a crown court
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what reporting restrictions do for pre-trial hearings?
restrictions intend to prevent the risk of prejudice should a case go to a Crown court jury. Material published could prejudice a jury's verdict
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what do the 8c reporting restrictions ban?
- ruling by a magistrate on admissibility of evidence and other questions on law
- application for such ruling, legal arguments, and discussions whether a ruling or order should be made
- defendant's first appearance at court and any other pre-trial heari
- application for such ruling, legal arguments, and discussions whether a ruling or order should be made
- defendant's first appearance at court and any other pre-trial heari
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what can the media report on in a pre-trial?
1. name of the court and magistrates
2. names, ages, home addresses and occupations of defendants and witnesses
3. charge in full or summarised
4. names of solicitors and barristers
5. if adjourned, date and place to where it's adjourned
6. arrangements a
2. names, ages, home addresses and occupations of defendants and witnesses
3. charge in full or summarised
4. names of solicitors and barristers
5. if adjourned, date and place to where it's adjourned
6. arrangements a
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what happens if bail is refused?
media should not report in most instances that the prosecution opposed bail in particular why - or the reasons magistrates gave for opposing it
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when do section 8c restrictions apply?
lifted partly or fully to allow media to report contemporaneously
if defendant rejects lifting the crown court can still lift if in interest of justice
restrictions automatically lapse at end of case
if defendant rejects lifting the crown court can still lift if in interest of justice
restrictions automatically lapse at end of case
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who can be prosecuted for a breach of the 8c restrictions?
a publication's proprietor or editor
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what is the penalty for a breach of the 8c restrictions?
a fine unlimited by statute
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what's the procedure in reporting a summary trial?
what is said in a summary trial can usually be reported fully as it occurs
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why can't a trial refer to a defendant's previous 'bad character'?
complying with the presumption of innocence, the focus is on the evidence for the charges being tried
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what happens if there is a dispute over the facts of an admitted offence?
the magistrates must accept the defence's version unless the prosecution proves its' version in a Newton Hearing
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what is a Newton Hearing?
evidence is called by both prosecution and defence, heard by a judge without a jury
the burden of proof lies with the prosecution to satisfy the court beyond reasonable doubt that their version of events is correct
the burden of proof lies with the prosecution to satisfy the court beyond reasonable doubt that their version of events is correct
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how long can a magistrate jail a defendant?
up to 6 months for a single offence
up to 12 months for multiple offences
up to 12 months for multiple offences
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what are consecutive sentences?
two or more jail terms ordered by the court to run one after the other
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what is a current sentence?
the defendant is sentenced overall for the length of the longest sentence
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what is a suspended sentence?
a judicial punishment which is not enforced unless a further crime is committed during a specified period
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what is a committal for sentence?
a magistrate can spend an either-way case to crown court if they feel their sentencing powers are insufficient
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fines
some crimes can be punishable by just a fine but failure to pay could lead to a sentence
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what is a community order?
where someone prosecuted must work in the community under a probation officer's direction, now branded 'community payback'
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what is a curfew
a requirement for the offender to wear an electronic tag to monitor whether they obey it
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what is a conditional discharge?
if an offender commits another offence in a specified time, they are liable to be punished for the first offence as well as the subsequent conviction
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what is an absolute discharge?
the court feels that no punishment other than the conviction is necessary
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what can magistrates do under a section 70 committal?
make an appeal to a crown court to assess what property or money a convicted offender has gained and if necessary, make a confiscation order
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how are many summary cases dealt with?
many are dealt with by post or online - for fixed fines eg. traffic offences
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what is the procedure in a single justice procedure?
a magistrate/ district judge deals with a case in private in the absence of a defendant who must have either pleaded guilty or failed to respond to a request for a plea
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when can a single justice procedure take place?
when all measures are met:
- the alleged offence is summary
- the defendant is 18 or over
- the defendant finds a plea of guilty or does not respond to the 'written charge and notice'
- the defendant or their representative have not objected before the h
- the alleged offence is summary
- the defendant is 18 or over
- the defendant finds a plea of guilty or does not respond to the 'written charge and notice'
- the defendant or their representative have not objected before the h
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appeal routes from magistrate's court
contested case in magistrate's court is appealed to the high court
the defence can ask the high court for a judicial review
the defence can ask the high court for a judicial review
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what is a judicial review?
a judge reviews the lawfulness of a decision or action made by a public body
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Other cards in this set
Card 2
Front
who are the district judges?
Back
- must have at least years' experience as a lawyer or legal executive, also sit in magistrates' court
- a district judge tries cases on their own
- a district judge tries cases on their own
Card 3
Front
at their first appearance in court what is a defendant asked?
Back
Card 4
Front
what does pleading guilty mean?
Back
Card 5
Front
what happens if a case is contested?
Back
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