27.12.2024
SA8 Summary Trial Procedure
Pre-Trial Rulings
Magistrates' Courts Act 1980 (MCA 1980), Sections 8A and 8B
Scope:
Applies to cases set for summary trial where the accused has entered a not guilty
plea (MCA 1980, s.8A(1)).
Definition of Pre-Trial Hearing:
A hearing before the court begins to hear prosecution evidence at trial or considers
whether to use the Mental Health Act 1983, s.37(3) to make a hospital order without
conviction (MCA 1980, s.8A(2)).
Matters Decided at Pre-Trial Hearings:
Admissibility of Evidence: Magistrates may rule on evidence admissibility.
Questions of Law: The court may resolve any legal issues relevant to the case (MCA
1980, s.8A(4)).
Conditions for Pre-Trial Rulings:
Both parties must be given an opportunity to be heard (MCA 1980, s.8A(3)(b)).
The court must determine that the ruling is in the interests of justice (MCA 1980,
s.8A(3)(c)).
If the accused is unrepresented, they must be given the opportunity to apply for legal
aid (MCA 1980, s.8A(5)).
Applications for Rulings:
May be made by the prosecution, defence, or the court itself (MCA 1980, s.8A(6)).
Binding Nature of Pre-Trial Rulings
Duration:
Pre-trial rulings are binding until the case is disposed of, i.e., the accused
is acquitted, convicted, the prosecutor discontinues the case, or the case
is dismissed (MCA 1980, s.8B(1)-(2)).
Variation or Discharge:
A court may vary or discharge a pre-trial ruling only if:
(1) It is in the interests of justice.
(2) Both parties are given an opportunity to be heard (MCA 1980, s.8B(3)).
Application by a Party:
A party may apply to vary/discharge a ruling only if there has been a material change
in circumstances since the ruling or since the last application to vary/discharge (MCA
1980, s.8B(5)).
Key Case Law on Pre-Trial Rulings
R (CPS) v Gloucester Justices [2008] EWHC 1488 (Admin):
Principle:
It is difficult to justify varying or discharging a pre-trial ruling without a compelling
reason, such as:
(1) Changed circumstances.
(2) Fresh evidence.
A mere disagreement by a new bench with the original ruling is not sufficient (at
[12]).
Jones v South East Surrey Local Justice Area [2010] EWHC 916 (Admin):
Principle:
Common law principles continue to apply in cases where MCA 1980, ss. 8A and
8B do not apply.
Common Law Rule:
Once a court makes a ruling after proper inquiry, it cannot reverse it simply by re-
examining the same material.
A ruling may be reconsidered only if:
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Max Lewis
, 27.12.2024
(1) There is a change in circumstances.
(2) Existing circumstances were not brought to the court’s attention during the
original decision.
Precedent:
Cranston J referenced Newham Juvenile Court, ex parte F (a minor) [1986] 3 All
ER 17, which confirmed the limited grounds for revisiting a decision.
Acton Youth Court, ex parte DPP [2002] Crim LR 75:
Principle:
It is necessary for the efficient administration of justice to adopt a strict approach to
revisiting earlier orders.
The court may revisit a ruling only where there is:
A change of relevant circumstances.
Exceptionally rare instances where earlier circumstances were not disclosed.
Appeals and Errors of Law
No Direct Appeal:
There is no statutory right of appeal against pre-trial rulings under s.8A.
Errors of Law:
Errors in pre-trial rulings may form the basis for an appeal by way of case
stated (MCA 1980, s.111).
Such appeals can only occur after the final determination of the proceedings.
Example: Miller v DPP [2018] EWHC 262 (Admin).
Summary of Key Points
Statutory Basis:
MCA 1980, ss.8A and 8B govern pre-trial rulings in summary cases where a not guilty
plea has been entered.
Scope of Pre-Trial Hearings:
Resolve evidentiary and legal issues before the trial begins.
Binding Nature:
Rulings are binding until the case is disposed of but may be varied/discharged in
the interests of justice if there is a material change of circumstances.
Judicial Guidance:
Courts must avoid overturning their own rulings unless new or undisclosed
circumstances justify doing so.
Appeals:
No direct appeals against s. 8A rulings; errors of law may be challenged via case
stated appeals after case conclusion.
Proceeding in the Absence of the Defendant
CrimPR 24.12: Overview
Applies:
When any party (prosecutor or defendant) is absent at a hearing.
Does Not Apply:
Where the defendant has served a written guilty plea under CrimPR 24.8.
Where the case is being tried under the single justice procedure (CrimPR 24.9).
Absence of the Prosecutor
If Evidence Has Been Received:
The court may proceed as if the prosecutor were present.
If No Evidence Has Been Received:
The court must:
Inquire into the reasons for the prosecutor's absence.
If satisfied that there is no good reason, the court may dismiss the allegation.
2
Max Lewis
SA8 Summary Trial Procedure
Pre-Trial Rulings
Magistrates' Courts Act 1980 (MCA 1980), Sections 8A and 8B
Scope:
Applies to cases set for summary trial where the accused has entered a not guilty
plea (MCA 1980, s.8A(1)).
Definition of Pre-Trial Hearing:
A hearing before the court begins to hear prosecution evidence at trial or considers
whether to use the Mental Health Act 1983, s.37(3) to make a hospital order without
conviction (MCA 1980, s.8A(2)).
Matters Decided at Pre-Trial Hearings:
Admissibility of Evidence: Magistrates may rule on evidence admissibility.
Questions of Law: The court may resolve any legal issues relevant to the case (MCA
1980, s.8A(4)).
Conditions for Pre-Trial Rulings:
Both parties must be given an opportunity to be heard (MCA 1980, s.8A(3)(b)).
The court must determine that the ruling is in the interests of justice (MCA 1980,
s.8A(3)(c)).
If the accused is unrepresented, they must be given the opportunity to apply for legal
aid (MCA 1980, s.8A(5)).
Applications for Rulings:
May be made by the prosecution, defence, or the court itself (MCA 1980, s.8A(6)).
Binding Nature of Pre-Trial Rulings
Duration:
Pre-trial rulings are binding until the case is disposed of, i.e., the accused
is acquitted, convicted, the prosecutor discontinues the case, or the case
is dismissed (MCA 1980, s.8B(1)-(2)).
Variation or Discharge:
A court may vary or discharge a pre-trial ruling only if:
(1) It is in the interests of justice.
(2) Both parties are given an opportunity to be heard (MCA 1980, s.8B(3)).
Application by a Party:
A party may apply to vary/discharge a ruling only if there has been a material change
in circumstances since the ruling or since the last application to vary/discharge (MCA
1980, s.8B(5)).
Key Case Law on Pre-Trial Rulings
R (CPS) v Gloucester Justices [2008] EWHC 1488 (Admin):
Principle:
It is difficult to justify varying or discharging a pre-trial ruling without a compelling
reason, such as:
(1) Changed circumstances.
(2) Fresh evidence.
A mere disagreement by a new bench with the original ruling is not sufficient (at
[12]).
Jones v South East Surrey Local Justice Area [2010] EWHC 916 (Admin):
Principle:
Common law principles continue to apply in cases where MCA 1980, ss. 8A and
8B do not apply.
Common Law Rule:
Once a court makes a ruling after proper inquiry, it cannot reverse it simply by re-
examining the same material.
A ruling may be reconsidered only if:
1
Max Lewis
, 27.12.2024
(1) There is a change in circumstances.
(2) Existing circumstances were not brought to the court’s attention during the
original decision.
Precedent:
Cranston J referenced Newham Juvenile Court, ex parte F (a minor) [1986] 3 All
ER 17, which confirmed the limited grounds for revisiting a decision.
Acton Youth Court, ex parte DPP [2002] Crim LR 75:
Principle:
It is necessary for the efficient administration of justice to adopt a strict approach to
revisiting earlier orders.
The court may revisit a ruling only where there is:
A change of relevant circumstances.
Exceptionally rare instances where earlier circumstances were not disclosed.
Appeals and Errors of Law
No Direct Appeal:
There is no statutory right of appeal against pre-trial rulings under s.8A.
Errors of Law:
Errors in pre-trial rulings may form the basis for an appeal by way of case
stated (MCA 1980, s.111).
Such appeals can only occur after the final determination of the proceedings.
Example: Miller v DPP [2018] EWHC 262 (Admin).
Summary of Key Points
Statutory Basis:
MCA 1980, ss.8A and 8B govern pre-trial rulings in summary cases where a not guilty
plea has been entered.
Scope of Pre-Trial Hearings:
Resolve evidentiary and legal issues before the trial begins.
Binding Nature:
Rulings are binding until the case is disposed of but may be varied/discharged in
the interests of justice if there is a material change of circumstances.
Judicial Guidance:
Courts must avoid overturning their own rulings unless new or undisclosed
circumstances justify doing so.
Appeals:
No direct appeals against s. 8A rulings; errors of law may be challenged via case
stated appeals after case conclusion.
Proceeding in the Absence of the Defendant
CrimPR 24.12: Overview
Applies:
When any party (prosecutor or defendant) is absent at a hearing.
Does Not Apply:
Where the defendant has served a written guilty plea under CrimPR 24.8.
Where the case is being tried under the single justice procedure (CrimPR 24.9).
Absence of the Prosecutor
If Evidence Has Been Received:
The court may proceed as if the prosecutor were present.
If No Evidence Has Been Received:
The court must:
Inquire into the reasons for the prosecutor's absence.
If satisfied that there is no good reason, the court may dismiss the allegation.
2
Max Lewis
