SUMMARY TRIAL
CONTENTS
1.0 Introduction
2.0 Objectives
- Main Content
- After Committal for trial
- Non-indictable offences by magistrates court
- Indictable offences
4.0 Conclusion
5.0 Summary
6.0 Tutor Marked Assignment
7.0 References/Further Reading
INTRODUCTION
Summary trial is all trials in the High Court without the requirement of information and a special procedure. All trials in the magistrate court and summary conviction in any other courts.
A summary trial is a legal proceeding, which is short and concise. It is immediate prosecution in a prompt and simple manner, without the necessity and niceties of filing information in criminal proceeding or the exchange of pleadings between parties in civil proceedings. All bailable offences or minor crimes triable in the magistrate courts and other inferior courts are usually tried summarily. All trials in magistrate courts and other inferior courts whether they are civil or criminal proceedings are tried summarily.
OBJECTIVES
In this unit, you should be understanding the following:
- Non-indictable offences and indictable offences
- Simple offences and summary trial
- After committal for trial
MAIN CONTENT
After Committal for Trial:
Normally, when a magistrate, for trial in the High Court, commits an accused person, the trial is on information. But under section 364 of the Criminal Procedure Law of Lagos state, where after such committal, an information against the accused is not file on or such committal an information against the accused is not file n or before the day fixed for the trial or no duly authorized person appears before the High Court to prosecute the case on behalf of the state, the court must try the case summarily.
The court must direct the registrar to charge the accused with the offence in respect of which he has been committed for trial.
Thus, it is open to the court to direct the registrar to charge the accused with any other offence, which is the opinion of the court, is founded on the facts disclosed in the deposition.
Non-indictable offences by Magistrates Court:
Where a charge, not being one with respect to which there is a committal for trial in the High Court, is to be tried summarily by the High Court of Lagos State or a non- indictable offence is to be tried by a magistrate’s court in the state, the first stage at the hearing is the calling of the case for hearing. If the defendant appears and the complainant does not appear, the court must, as a general rule, dismiss the complaint, provided that it is satisfied that the prosecution had had due notice of the time and place hearing. However, there are two exceptions to this rule. First, where the personal attendance of the defendant has been dispensed with under section 100 of the Criminal Procedure Law of Lagos State, it is that section and not this rule that applied.
Secondly, where the court has received a reasonable excuse for the non-appearance of the complaint or his representation and for that reason or for other sufficient reason thinks fit to adjourn the hearing of the case to a future day upon such terms as it thinks just, the rule does not apply. Thus, when a defendant to whom a summons is directed fails to appear or plead guilty under section 100 of the Criminal Procedure Law of Lagos State and no sufficient excuse is offered for his absence the court, if satisfied that the summons has been duly served, may issue a warrant known as a bench warrant for his arrest or if not satisfied that the summons has been duly served may adjourn the hearing of the case to a future day in order that proper service may be effected.
Indictable Offences:
A magistrate’s court may, normally, with the consent of the accused try summarily an adult accused, charged before the court with an indictable offence other than a capital offence. However, where a law officer conducts the prosecution, the magistrate must not deal summarily with the offence without the consent of the law officer. In order to satisfy the requirement of obtaining the consent of the accused to summary trial, the magistrate must inform the accused of his right to be tried by the High Court and he must ask the accused whether he consents to the case being tried summarily by the magistrate’s court.
If the magistrate fails to inform the accused of his right to be tried by the High Court, the trial is null and void unless the accused consents at any time before he is asked to make his defence to be tried summarily.
Thus, until a magistrate assumes the power to deal with an indictable offence other than a capital offence summarily, he must deal with it in accordance with the rules governing preliminary inquiry into an indictable offence. He must assume such power if during the hearing of the charge he is satisfied that it is expedient to deal with the case summarily.
SELF-ASSESSMENT EXERCISE
Explain with examples what a bench warrant means.
CONCLUSION
In this last unit, we have discussed the issues in the introduction. We also discussed important issues, such as, after committal for trial, non-indictable offences by magistrate court, and finally, indictable offences. Thus, all trials before magistrate courts are summary trials. In the high courts, most trials are on information, that is trials other than summary trials, a few are summary trials.
SUMMARY
It should be pointed out that if in the course of the hearing of a complaint before a magistrate’s court it happens that the court is of the opinion that the offence, on account of its aggravated character or other sufficient reason, is not suitable to be displayed of by such court, the magistrate’s court may, instead of adjudicating, hold a preliminary inquiry into the charge and commit the accused for trial before the High Court.
TUTOR MARKED ASSIGNMENT
Kindly explain the following:
- Non-indictable offence
- Indictable offences
- After committal for trial
- Explain what happens in the event of the defendant appearance in the court but the complainant does not appear
REFERENCES/FURTHER READING
Akintunde Obilade O., (1990) - The Nigeria Legal System, Owerri, Spectrum Law Publishing.
Ese Melami, (1999) - Outline of Nigerian Legal System, Lagos, Grace Publishers Inc.
Tappan P.W., (1960) - Crime, Justice and Correction, NY, McGraw Hill Bk Co.