Part 37 Summary trial

Contents of this Part
Title	Number
Order of evidence and speeches: information	Rule 37.1
Procedure on information where accused is not legally represented	Rule 37.2
Adjournment of trial of information	Rule 37.3
Formal admissions	Rule 37.4
Notice of intention to cite previous convictions	Rule 37.5
Application to change a plea of guilty	Rule 37.6
Preservation of depositions where offence triable either way is dealt with summarily	Rule 37.7
Order of evidence and speeches: complaint	Rule 37.8
Magistrates’ court officer to have copies of documents sent to accused under section 12(1) of the Magistrates’ Courts Act 1980	Rule 37.9
Notice of order under section 25 of the Road Traffic Offenders Act 1988	Rule 37.10
Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates’ Courts Act 1980	Rule 37.11

Order of evidence and speeches: information

37.1

(1) On the summary trial of an information, where the accused does not plead guilty, the prosecutor shall call the evidence for the prosecution, and before doing so may address the court.

(2) At the conclusion of the evidence for the prosecution, the accused may address the court, whether or not he afterwards calls evidence.

(3) At the conclusion of the evidence, if any, for the defence, the prosecutor may call evidence to rebut that evidence.

(4) At the conclusion of the evidence for the defence and the evidence, if any, in rebuttal, the accused may address the court if he has not already done so.

(5) Either party may, with the leave of the court, address the court a second time, but where the court grants leave to one party it shall not refuse leave to the other.

(6) Where both parties address the court twice the prosecutor shall address the court for the second time before the accused does so.

Formerly rule 13 of the Magistrates’ Courts Rules 1981¹.

Procedure on information where accused is not legally represented

37.2

(1) The court shall explain to an accused who is not legally represented the substance of the charge in simple language.

(2) If an accused who is not legally represented, instead of asking a witness in support of the charge questions by way of cross-examination, makes assertions, the court shall then put to the witness such questions as it thinks necessary on behalf of the accused and may for this purpose question the accused in order to bring out or clear up any point arising out of such assertions.

Formerly rule 13A of the Magistrates’ Courts Rules 1981.

Adjournment of trial of information

37.3

(1) Where in the absence of the accused a magistrates’ court adjourns the trial of an information, the court officer shall give to the accused notice in writing of the time and place at which the trial is to be resumed.

(2) Revoked

This rule derives in part from rule 15 of the Magistrates’ Court Rules 1981.

Formal admissions

37.4

Where under section 10 of the Criminal Justice Act 1967² a fact is admitted orally in court by or on behalf of the prosecutor or defendant for the purposes of the summary trial of an offence the court shall cause the admission to be written down and signed by or on behalf of the party making the admission.

Formerly rule 71 of the Magistrates’ Courts Rules 1981.

Notice of intention to cite previous convictions

37.5

Service on any person of a notice of intention to cite previous convictions under section 104 of the Magistrates’ Courts Act 1980³ or section 13 of the Road Traffic Offenders Act 1988⁴ may be effected by delivering it to him or by sending it by post in a registered letter or by recorded delivery service, or by first class post addressed to him at his last known or usual place of abode.

Formerly rule 72 of the Magistrates’ Courts Rules 1981.

Application to change a plea of guilty

37.6

(1) The defendant must apply as soon as practicable after becoming aware of the grounds for making an application to change a plea of guilty, and may only do so before the final disposal of the case, by sentence or otherwise.

(2) Unless the court otherwise directs, the application must be in writing and it must –

(a) set out the reasons why it would be unjust for the guilty plea to remain unchanged;

(b) indicate what, if any, evidence the defendant wishes to call;

(d) indicate whether legal professional privilege is waived, specifying any material name and date.

(3) The defendant must serve the written application on –

(a) the court officer; and

(b) the prosecutor.

Preservation of depositions where offence triable either way is dealt with summarily

37.7

The magistrates’ court officer for the magistrates’ court by which any person charged with an offence triable either way has been tried summarily shall preserve for a period of three years such depositions as have been taken.

Formerly rule 22 of the Magistrates’ Courts Rules 1981.

Order of evidence and speeches: complaint

37.8

(1) On the hearing of a complaint, except where the court determines under section 53(3) of the Magistrates’ Courts Act 1980 to make the order with the consent of the defendant without hearing evidence, the complainant shall call his evidence, and before doing so may address the court.

(2) At the conclusion of the evidence for the complainant the defendant may address the court, whether or not he afterwards calls evidence.

(3) At the conclusion of the evidence, if any, for the defence, the complainant may call evidence to rebut that evidence.

(4) At the conclusion of the evidence for the defence and the evidence, if any, in rebuttal, the defendant may address the court if he has not already done so.

(5) Either party may, with the leave of the court, address the court a second time, but where the court grants leave to one party it shall not refuse leave to the other.

(6) Where the defendant obtains leave to address the court for a second time his second address shall be made before the second address, if any, of the complainant.

Formerly rule 14 of the Magistrates’ Courts Rules 1981. For criminal proceedings commenced by complaint see rules 50.3 (variation or discharge of certain orders), 53.1 (review of compensation order) and 55.2 (removal of driving disqualification).

Magistrates’ court officer to have copies of documents sent to accused under section 12(1) of the Magistrates’ Courts Act 1980

37.9

Where the prosecutor notifies a magistrates’ court officer that the documents mentioned in section 12(1)(a) and 12(1)(b) of the Magistrates’ Courts Act 1980⁵ have been served upon the accused, the prosecutor shall send to the court officer a copy of the documents mentioned in section 12(1)(b).

[Note. Formerly rule 7.9 of these Rules, which derived from rule 73 of The Magistrates’ Courts Rules 1981. Section 12 of the Magistrates’ Courts Act 1980 applies where a summons has been issued requiring a person to appear before a magistrates’ court, other than a youth court, to answer an information for a summary offence. The documents mentioned in section 12(1)(b) are: a notice stating the effect of section 12, and either a statement of the facts to be placed before the court if the accused pleads guilty by post, or copies of the statements of the prosecution witnesses.]

Notice of order under section 25 of the Road Traffic Offenders Act 1988

37.10

Where a magistrates’ court makes an order under section 25 of the Road Traffic Offenders Act 1988⁶ that an offender shall inform the court of his date of birth or sex or both and the offender is not present in court, the court officer shall serve notice in writing of the order on the offender.

[Note: Formerly rule 7.5 of these Rules, which derived from rule 108 of The Magistrates’ Courts Rules 1981.]

Duty of court officer receiving statutory declaration under section 14(1) of the Magistrates’ Courts Act 1980

37.11

Where a magistrates’ court officer receives a statutory declaration which complies with section 14(1) of the Magistrates’ Courts Act 1980⁷ (accused did not know of proceedings), he shall –

(a) note the receipt of the declaration in the register; and

(b) inform the prosecutor and, if the prosecutor is not a constable, the chief officer of police, of the receipt of the declaration.

[Note: Formerly rule 7.4 of these Rules, which derived from rule 20 of The Magistrates’ Courts Rules 1981. As to the requirement to keep a register, see rule 6.1.]

Footnotes

1. S.I. 1981/552; amending instruments relevant to this Part are 1983/523, 1992/729, 1993/1183, 1997/706, 2001/610 and 2003/1236.

2. 1967 c. 80

3. 1980 c. 43; section 104 was amended by the Criminal Justice Act 1991 (c.53), Schedule 11, paragraph 40(1) and (2)(n).

4. 1988 c. 53; relevant amendments were made to section 13 by the Criminal Procedure and Investigations Act (c.25), Schedule 1, paragraph 36 and S.I. 2004/2035, Schedule, paragraphs 29 and 31. It is further amended by the Road Traffic (Consequential Provisions) Act 1988 (c.54), Schedule 2, paragraph 20 and the Criminal Justice Act 2003 (c.44), Schedule 3, Part 2, paragraph 61(1), (3) and Schedule 37, Part 4, with effect from dates to be appointed.

5. 1980 c. 43; section 12(1) was substituted by section 45 of, and paragraph 1 of Schedule 5 to, the Criminal Justice and Public Order Act 1994 (c. 33) and amended by section 109 of, and paragraph 203 of Schedule 8 to, the Courts Act 2003 (c. 39) and sections 308 and 332 of, and Part 12 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44).

6. 1988 c. 53; section 25 was amended by section 90 of, and paragraphs 140 and 142 of Schedule 13 to, the Access to Justice Act 1999 (c. 22), section 7 of, and paragraph 118 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) and section 109 of, and paragraph 311 of Schedule 8 to, the Courts Act 2003 (c. 39).

7. 1980 c. 43; section 14(1) was amended by section 109 of, and paragraph 205 of Schedule 8 to, the Courts Act 2003 (c. 39).

Criminal Procedure Rules