SUMMARY TRIAL PROCEDURE NOTES
Pre-trial matters in the MC→ Parties expected to deal with CM issues at the first hearing (a
form completed before). The court will give directions for service of documents between
parties, either resolve there and then matters of law or set a timetable as to when they should
be resolved – either pre-trial hearing or morning of trial and court set trial date.
a. Pre-Trial Rulings
A pre-trial hearing = takes place before the court begins to hear evidence from the P at the
trial (or where fitness to plead is an issue, before the court considers whether to exercise its
power under s.37(3) MHA 1983, to make a hospital order without convicting the accused (s.
8A(2) MCA 1980). The mags may decide any question as to the admissibility of evidence and
any other question of law (s. 8A(4)). Rulings may be made only if the court has given the
parties an opportunity to be heard and it is in the IOJ to make the ruling (s. 8A(3)(b)+(c)). If
the accused is unrepresented, must be given the chance to apply for legal aid (s. 8A(5)).
Pre-trial rulings may be made on the application by defence or P, or the court's own motion
(s. 8A(6)). The ruling is binding until the case against the accused/s is disposed of (s.8B(1) i.e.
acquitted or convicted, P decides not to proceed or the case is dismissed (s.8B(2)). BUT the
court may discharge or vary a ruling provided it appears to the court that it is in the IOJ to do
so, and parties have had opportunity to be heard (s.8B(3)). A party can apply for the ruling to
be discharged or varied only if there has been a material change of circumstances since the
ruling was made or, if there has been a previous application under s. 8B, since that application
was made (s. 8B(5)). Court needs a compelling reason to do so i.e. change circumstances or
fresh evidence, not sufficient that a different bench reaches a diff conclusion on the same
material (R (CPS) v Gloucester Justices [2008]).
There is no provision for appeals against rulings under s. 8A. However, an error of law in such
a ruling could form the basis of an appeal by way of case stated (s.111 MCA 1980) once there
has been a final determination of the proceedings in the MC.
b. Proceeding in the absence of the defendant
Crim PR 24.12 → Procedure where a party is absent
24.12
This rule applies where a party is absent; but does not apply where— D has served a notice
of GP under r24.8 (Written guilty plea: special rules), or the court tries a case under r24.9
(Single justice procedure: special rules).
Where the prosecutor is absent, the court may— (a) if it has received evidence, deal with the
case as if the P were present (b) in any other case— enquire into the reasons for the P’s
absence, andif satisfied there is no good reason, exercise its power to dismiss the allegation.
Where the defendant is absent— (a) the general rule is that the court must proceed as if the
D (i) were present and (ii) had pleaded NG (unless a plea already has been taken) and the
, court must give reasons if it does not do so. The general rule is subject to the court being
satisfied that— (i) any summons or requisition was served on the D a reasonable time before
the hearing, or (ii) where the hearing has been adjourned, D had reasonable notice of where
and when it would resume and (d) r24.11(10)(a) (restrictions on passing sentence in the D’s
absence).
Where D is absent, the court— must exercise its power to issue a warrant for D’s arrest and
detention in the terms required by r.13.3(3) (terms of a warrant for detention or
imprisonment) if it passes a custodial sentence; and may exercise its power to issue a warrant
for the D’s arrest in any other case, if it does not apply the general rule above^.
Trial in Absence of the Accused→ If the accused fails to appear MC trial, the case may (if D
under 18) or must (if D has attained 18 and it does not appear to the court to be contrary to
the interests of justice to do so) proceed in the accused's absence (s11(1) MCA 1980;
24.12(3)). However, where P commenced by issue of a summons or requisition, it must be
proved to the satisfaction of the court that either was served a reasonable time before the
hearing or the accused appeared on a previous occasion to answer the charge (s. 11 (2)).
Either-way Offences → The power to conduct trial in D’s absence applies to EW offences.
However, the trial cannot proceed in their absence unless, at an earlier hearing, they
consented to summary trial.
Warrant for Arrest
Where instead of proceeding in D’s absence, the court adjourns the trial, it has the option of
issuing an arrest warrant (if offence is punishable with imprisonment) or having convicted
the accused, proposes to impose a disqualification (s13(1) MCA 1980). It must be proved to
the satisfaction of the court that the summons or requisition was served on the accused
within a reasonable time before the trial (s. 13(2A)), unless the current adjournment is a
second/subsequent adjournment, the accused was present on the last occasion when the
trial was adjourned and the present hearing date was fixed then (s 13(2B)).
If the accused appears to be evading service of the summons or requisition, and the offence
is an indictable one, it is open to the P to start proceedings again by seeking an arrest
warrant. Where it is an indictable offence, a warrant under this section may be issued at any
time notwithstanding that a summons has, or a written charge and requisition have,
previously been issued. (s. 1(6)). If the accused is currently on bail and fails to attend court,
an arrest warrant may, in any event, be issued under s7(1) BA 1976.
Declaration that the Accused Did Not Know of the Proceedings
A conviction in absence of D may be set aside (s. 14(1)). The accused must make a statutory
declaration that they did not know of the summons or requisition or of the proceedings until
after the court had begun to try the case. The accused may appear before the court in person
to make a statutory declaration or may send the declaration to the court office by registered
letter or recorded delivery (s. 14(2)). The declaration must specify the date on which the
accused first had knowledge of the proceedings and must be served on the court within 21
Pre-trial matters in the MC→ Parties expected to deal with CM issues at the first hearing (a
form completed before). The court will give directions for service of documents between
parties, either resolve there and then matters of law or set a timetable as to when they should
be resolved – either pre-trial hearing or morning of trial and court set trial date.
a. Pre-Trial Rulings
A pre-trial hearing = takes place before the court begins to hear evidence from the P at the
trial (or where fitness to plead is an issue, before the court considers whether to exercise its
power under s.37(3) MHA 1983, to make a hospital order without convicting the accused (s.
8A(2) MCA 1980). The mags may decide any question as to the admissibility of evidence and
any other question of law (s. 8A(4)). Rulings may be made only if the court has given the
parties an opportunity to be heard and it is in the IOJ to make the ruling (s. 8A(3)(b)+(c)). If
the accused is unrepresented, must be given the chance to apply for legal aid (s. 8A(5)).
Pre-trial rulings may be made on the application by defence or P, or the court's own motion
(s. 8A(6)). The ruling is binding until the case against the accused/s is disposed of (s.8B(1) i.e.
acquitted or convicted, P decides not to proceed or the case is dismissed (s.8B(2)). BUT the
court may discharge or vary a ruling provided it appears to the court that it is in the IOJ to do
so, and parties have had opportunity to be heard (s.8B(3)). A party can apply for the ruling to
be discharged or varied only if there has been a material change of circumstances since the
ruling was made or, if there has been a previous application under s. 8B, since that application
was made (s. 8B(5)). Court needs a compelling reason to do so i.e. change circumstances or
fresh evidence, not sufficient that a different bench reaches a diff conclusion on the same
material (R (CPS) v Gloucester Justices [2008]).
There is no provision for appeals against rulings under s. 8A. However, an error of law in such
a ruling could form the basis of an appeal by way of case stated (s.111 MCA 1980) once there
has been a final determination of the proceedings in the MC.
b. Proceeding in the absence of the defendant
Crim PR 24.12 → Procedure where a party is absent
24.12
This rule applies where a party is absent; but does not apply where— D has served a notice
of GP under r24.8 (Written guilty plea: special rules), or the court tries a case under r24.9
(Single justice procedure: special rules).
Where the prosecutor is absent, the court may— (a) if it has received evidence, deal with the
case as if the P were present (b) in any other case— enquire into the reasons for the P’s
absence, andif satisfied there is no good reason, exercise its power to dismiss the allegation.
Where the defendant is absent— (a) the general rule is that the court must proceed as if the
D (i) were present and (ii) had pleaded NG (unless a plea already has been taken) and the
, court must give reasons if it does not do so. The general rule is subject to the court being
satisfied that— (i) any summons or requisition was served on the D a reasonable time before
the hearing, or (ii) where the hearing has been adjourned, D had reasonable notice of where
and when it would resume and (d) r24.11(10)(a) (restrictions on passing sentence in the D’s
absence).
Where D is absent, the court— must exercise its power to issue a warrant for D’s arrest and
detention in the terms required by r.13.3(3) (terms of a warrant for detention or
imprisonment) if it passes a custodial sentence; and may exercise its power to issue a warrant
for the D’s arrest in any other case, if it does not apply the general rule above^.
Trial in Absence of the Accused→ If the accused fails to appear MC trial, the case may (if D
under 18) or must (if D has attained 18 and it does not appear to the court to be contrary to
the interests of justice to do so) proceed in the accused's absence (s11(1) MCA 1980;
24.12(3)). However, where P commenced by issue of a summons or requisition, it must be
proved to the satisfaction of the court that either was served a reasonable time before the
hearing or the accused appeared on a previous occasion to answer the charge (s. 11 (2)).
Either-way Offences → The power to conduct trial in D’s absence applies to EW offences.
However, the trial cannot proceed in their absence unless, at an earlier hearing, they
consented to summary trial.
Warrant for Arrest
Where instead of proceeding in D’s absence, the court adjourns the trial, it has the option of
issuing an arrest warrant (if offence is punishable with imprisonment) or having convicted
the accused, proposes to impose a disqualification (s13(1) MCA 1980). It must be proved to
the satisfaction of the court that the summons or requisition was served on the accused
within a reasonable time before the trial (s. 13(2A)), unless the current adjournment is a
second/subsequent adjournment, the accused was present on the last occasion when the
trial was adjourned and the present hearing date was fixed then (s 13(2B)).
If the accused appears to be evading service of the summons or requisition, and the offence
is an indictable one, it is open to the P to start proceedings again by seeking an arrest
warrant. Where it is an indictable offence, a warrant under this section may be issued at any
time notwithstanding that a summons has, or a written charge and requisition have,
previously been issued. (s. 1(6)). If the accused is currently on bail and fails to attend court,
an arrest warrant may, in any event, be issued under s7(1) BA 1976.
Declaration that the Accused Did Not Know of the Proceedings
A conviction in absence of D may be set aside (s. 14(1)). The accused must make a statutory
declaration that they did not know of the summons or requisition or of the proceedings until
after the court had begun to try the case. The accused may appear before the court in person
to make a statutory declaration or may send the declaration to the court office by registered
letter or recorded delivery (s. 14(2)). The declaration must specify the date on which the
accused first had knowledge of the proceedings and must be served on the court within 21
