Advocacy in the Magistrates' Court
by John Mackenzie
Published 1994
The Legal Action Group
Paperback
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Appeals and Review Remedies for Magistrates' Court Decisions
by Andrew Keogh
Published 1999
Blackstone Press
Paperback
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by Neil Corre, David Wolchover
Published1999
Blackstone Press
Paperback
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A) In certain circumstances it is possible for a defendant who is summonsed to appear before a magistrates' court to plead guilty in writing in his absence. The offence must be a summary one for which the defendant is not liable to more than 3 months imprisonment.
B) The clerk of the court must be notified by the prosecutor that the following documents have been served upon the accused with the summons:
i) a notice explaining the procedure.
Ii) a concise statement relating to the charge which will be placed before the court if the defendant pleads guilty in his absence.
C) When the clerk receives notification in writing signed by the accused or his solicitor desiring to plead guilty in his absence, the clerk informs the prosecutor of receipt of the notification. One set of forms may be used for two or more offences provided it is clear that the defendant intended to plead guilty to all of the offences.
D) If satisfied that the summons, statement of facts and explanatory notice have been served upon the accused, then the court may proceed to hear the case as if the defendant had appeared. The clerk is legally responsible for reading out the statement of facts although in practice the Crown Prosecutor may agree to do so where the court is dealing with non-specified proceedings. The clerk or the Crown Prosecutor is only entitled to read the statement of facts and is not allowed to make any other comment. The clerk also reads the statement in mitigation, if any, to the court. It must be read out aloud and not merely read by the Justices. It must also be clear that the plea of guilty relates to each offence.
E) If satisfied that the procedure has been correctly followed and the plea of guilty is clear, the court may dispose of the case in the defendant's absence. If the plea is not clear or the court thinks the defendant should appear, it may adjourn the case for him to appear.
F) It is important to remember that a defendant can withdraw his written plea at any time up until the hearing, in which case the clerk must notify the prosecutor. Even when all the necessary forms are served, a defendant may choose to ignore them and appear in person.
G) Where a person sends in a written plea of guilty and the prosecutor wishes to mention a previous conviction, he must serve a notice on the defendant not less than 7 days before the hearing specifying particulars of the previous conviction which he intends to bring to the notice of the court. Provided the notice is served. the court can take the previous conviction into account.