KSL ATP Criminal Litigation study materials
KSL ATP Criminal Litigation study resources

KSL ATP Criminal Litigation: Magistrates' Court Practice and Summary Trial Procedure

KSL ATP Criminal Litigation · Work through your exam, one topic at a time.

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Magistrates' Court Practice and Summary Trial Procedure

Allocation and trial

Magistrates' court procedure begins with plea before venue. For either-way offences, if the defendant pleads not guilty, allocation considers whether summary trial or Crown Court is suitable; the defendant may elect Crown Court. Summary trial involves prosecution opening, witnesses, cross-examination, defence case, a possible submission of no case to answer, closing speeches, and verdict. The bench may convict and sentence or adjourn.

Powers and traps

Magistrates' sentencing powers are limited: normally six months' custody per offence and twelve months' aggregate for two or more offences, with unlimited fines. Traps include confusing allocation with sentencing, assuming the defendant can be denied election, and overlooking special measures. A submission of no case is not a closing speech. Costs and the victim surcharge must be considered.

Worked example

Either-way theft: the bench decides summary trial is suitable; the defendant elects Crown Court. The court must stop and send. If the defendant pleads guilty, summary sentencing follows unless committal for sentence is needed.