In This Video-
What is meant by summary trial?
summary trial means any trial by a magistrate and a trial by a Judge in which the accused has not been committed for trial after a preliminary inquiry
Who can hold summary trial in CrPC?
The answer to the above question is provided in Section 260(1)[2] which bestows the power to hold a summary trial on: Any Chief Judicial Magistrate; Any Metropolitan Magistrate; A Judicial Magistrate of the First Class, only with the permission granted by the High Court to carry out such duty
What cases are tried under summary trial?
Types of offences that can be tried in a Summary Trail
In case of any Chief Magistrate or Metropolitan Magistrate or any first class Magistrate the following cases may be tried: Offences which cannot be punished with the death penalty, life imprisonment or imprisonment exceeding 2 years
What is difference between summary trial and regular trial?
In summary trial where appeal lies the Magistrate must preserve the original notes of evidence so that the Appellate or Revisional Court may see the error while in Regular trial the whole evidence is to be recorded with full opportunity to cross examines and thereafter even the arguments on both sides are to be heard
Who can try summary trial?
The provision bestows power to any Chief Judicial Magistrate, Metropolitan Magistrate or Magistrate of the first class empowered by the High Court to try the following offences summarily: Offences which are not punishable with death, imprisonment for life or imprisonment for more than two years.
What are the steps of summary trial?
Stages of a summary trial
witnesses who will attend court to give oral evidence.
written statements admitted under the provisions of the Criminal Justice Act 1967 (CJA 1967), s 9.
formal admissions under CJA 1967, s 10.
evidence admitted by way of special measures under the Youth Justice and Criminal Evidence Act 1999.
What Offences are summary Offences?
A criminal offence that is only triable (summarily) in the magistrates' court. In limited circumstances, specific summary offences can be dealt with in the Crown Court if attached to a relevant either-way or indictable-only offence in that court (section 40, Criminal Justice Act 1998).
Is a summary offence a criminal record?
However, a successful conviction on a summary offence is still considered a criminal conviction, even if it was for impaired driving or DUI, or theft under $5000, and it can still have an impact on your life
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21 окт 2024
