Magistrates' court trial
A summary trial in the magistrates' court is conducted before a bench of magistrates or a district judge, who decide both fact and law. The Criminal Procedure Rules govern case management and the trial process.
What "Magistrates' court trial" covers
- The prosecution opens and calls its evidence; witnesses are examined in chief, cross-examined and re-examined.
- At the close of the prosecution case the defence may submit no case to answer (applying the Galbraith test) if the evidence is insufficient.
- The defence may then give and call evidence; the defendant is competent but not compellable, and adverse inferences may follow from a failure to testify (s.35 CJPOA 1994).
- The magistrates or district judge determine guilt applying the criminal standard (sure/beyond reasonable doubt).
- Case management under the Criminal Procedure Rules requires early identification of issues and compliance with directions; the overriding objective is to deal with cases justly.
- Disclosure obligations apply: the prosecution must disclose unused material capable of undermining its case or assisting the defence (CPIA 1996), and a defence statement may be required.
- On conviction the court proceeds to sentence, with its sentencing powers capped (with power to commit either-way matters for sentence).
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For magistrates' court trial, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Confusing the Galbraith submission (evidential insufficiency) with an argument on the ultimate merits.
- Overlooking the defendant's right not to be compelled to testify while forgetting an adverse inference may still be drawn under s.35.
- Treating disclosure as one-sided — the defence may be required to serve a defence statement in summary proceedings if it wants certain disclosure.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on magistrates' court trial.
FAQ
Is magistrates' court trial tested on SQE1?
Yes — magistrates' court trial is part of the SQE1 Criminal Litigation syllabus (FLK2) and can appear in single best answer questions.
How is magistrates' court trial examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (R v Galbraith (no case to answer), s.35 CJPOA 1994) helps.