Prosecuting for the Council in the Magistrates Court - An Essential Guide with Colin Beaumont
This seminar will explore the tricky issues you should be aware of when prosecuting in the Magistrates’ Court on behalf of the Council.
It will focus on the law, practice and procedure of the Magistrates’ Court with a heavy emphasis upon prosecuting criminal trials. There will be tips on what to say in your opening speech and your closing speech and everything in between.
What You Will Learn
This course will cover the following:
- Instituting process - the laying of an information and the issue of a summons or the production of a written charge and the sending of a requisition - an examination of rule 7 of the Criminal Procedure Rules 2020
- The service upon the defendant of the relevant documentation - an examination of rule 4 of the Criminal Procedure Rules 2020
- Cases that involve the procedure known as Allocation and Sending; what are you going to say about the appropriate venue?
- The PET Form in the Magistrates’ Court - what to put on the form once a ‘not guilty’ plea has been entered and the expectation is for a trial at the next hearing - the important differences between sections 8 and 9 of the form
- The structure of a criminal trial in the Magistrates’ Court
- The important things you need to know about bad character - the bad character of defendants and witnesses (witnesses for the Council or witnesses for the defence) - including applications that you can make during the trial itself
- The important things you need to know about hearsay - statements being read and witnesses being permitted to give evidence of reported speech during a trial
- Non-appearance of the defendant and the legal presumption that the trial will proceed in the absence of the defendant today - proceeding in absence and simply reading your statements rather than calling your witnesses to give live oral testimony
- Expect the unexpected! - What to do when your witness does not turn up
- Examination-in-chief - what precisely are you trying to achieve?
- Cross-examination - what precisely are you trying to achieve?
- Re-examination - what precisely are you trying to achieve?
- Witnesses - which witnesses do you need to attend this trial and why?
- Exhibits - getting an exhibit into evidence
- What, if any, evidence can be agreed?
- The admission of the interview into evidence in circumstances where an interview has taken place
- Expert witnesses and their reports - as opposed to witnesses of fact
- How to deal with applications for adjournments by the defence on the actual trial date
- Opening and closing speeches
1:00pm - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme