Magistrates’ Court Trials - Dealing with the Tricky Issues

Introduction

Should the Courts and Tribunal Bill be passed by Parliament, the Magistrates’ Court will only get busier. This course will examine the important and unexpected issues arising in a Magistrates’ Court trial.

The law in relation to trial preparation and case management has been a burgeoning area since the introduction of the Criminal Procedure Rules. The Courts have had much to say about these issues, with the inevitable associated caselaw giving guidance to courts on how to manage such issues.

Despite the Magistrates’ Court Act being passed in 1980, we continue to see guidance on how this important Act is applied. Not to be left out, the Bail Act 1976 continues to provide challenges, particularly in relation to breach of bail.

This course will delve into the caselaw around case management and issues that arise at trial, giving the busy practitioner practical guidance on how to be of real assistance to the court. Alongside this, the course will deal with issues such as trials in absence, sentencing in absence and guidance on when cases can he reopened under s. 142. We also may finally have some caselaw answering whether breach of bail hearings have to be started and concluded or simply started to comply with the Bail Act which will be explored.

This course is designed to bring together the law and reality of life in the Magistrates’ Court, giving practical guidance on how to deal with tricky issues in criminal trials.

What You Will Learn

This course will cover the following:

• Case management and the Criminal Procedure Rules - is the PET Form admissible?
• The law on adjournments - an issue that can make or break a case
• Trials and sentencing in absence - can the court disqualify from driving in absence?
• The Bail Act - exceptions to bail, old and new. What difference does it make if one has a serious previous conviction?
• Practice and procedure - s. 22 of the Magistrates Act 1980
• Case studies - what would you do if…?