Summary Trial Procedure

Question 1

What happens in First Hearing in Mags?

Answer 1

D enters plea. If guilty → sentencing. If not guilty → trial directions given.

Question 2

What happens in Case Management?

Answer 2

ID issues, agree evidence, manage disclosure. Early engagement is essential.

Question 3

What is the trial procedure?

Answer 3

Prosecution opens → witnesses (cross-examined) → Defence case → Closing speeches → Verdict.

Question 4

What is the Burden & Standard of proof?

Answer 4

Prosecution must prove guilt beyond reasonable doubt (Woolmington).

Question 5

What is Half-Time Submission?

Answer 5

After prosecution case, D can argue ‘no case to answer’ (Galbraith test).

Question 7

First Hearing in Mags]
↓
[Is D Guilty?]
↓ ↓
[Guilty] [Not Guilty]
↓ ↓
[Sentence] [Case Mgmt + Trial Directions]
↓
[Trial Day – Prosecution Opens]
↓
[Witnesses, Cross-Exam, Defence Case]
↓
[Closing Speeches + Verdict]
↓
[Sentence OR Commit to Crown Court]
🟥 D can make half-time submission after prosecution case
🟩 Must follow CrimPR for fair trial and case readiness
🟦 Prosecution bears the burden of proof throughout

Question 8

What happens at the first hearing in the Magistrates’ Court?

Answer 8

Plea is taken. If guilty → sentencing. If not guilty → case management directions.

Question 9

When can a ‘no case to answer’ be made?

Answer 9

After the prosecution closes their case – Half-time submission (Galbraith).

Question 10

What is the burden of proof and who bears it?

Answer 10

Prosecution must prove guilt beyond reasonable doubt.

Question 11

What happens if D is convicted?

Answer 11

Sentenced in Mags (max 6/12 months) or committed to Crown Court.

Question 12

Can Mags try indictable-only offences?

Answer 12

No – must be sent to Crown Court.

Question 13

Is there a jury in summary trials?

Answer 13

No – only a panel of magistrates (or DJ).

Question 14

Can you be committed to Crown Court after summary trial?

Answer 14

Yes – for sentencing if powers are insufficient.

Question 15

“A summary trial starts with a plea in the Magistrates’ Court. If not guilty, directions are made and trial is listed. At trial, the prosecution opens, calls witnesses, and the defence responds. The prosecution has the burden to prove guilt beyond reasonable doubt. If there’s no case to answer after the prosecution’s case, the defence can apply to dismiss. If convicted, Mags can sentence or commit to Crown Court.”