Summary Proceedure (criminal)

The Summary Proceedure is used to deal with lesser criminal cases. It is used exclusively in Justice of the Peace Courts and in tandem with the Solemn procedure in the Sheriff Court.
Summary cases are tried by Judge alone, who decides both the law and facts.
==Proceedure==
#Complaint is issued, detailing offence and prior convictions. For statutory offences, the maximum penalty will be included.
#Appearance in court. If from custody then bail must be considered. If not from custody then this is "on citation". The defendant enters a plea, not guilty may be by letter rather than in person; guilty can also be by letter in some minor offences. It may also be continued without plea if either side needs more time to investigate. The defence can also challenge the validity of the charge.
#A trial dad will be set, within 40 days if the accused is in custody. It may be continued on the trial date.
#The intermediate diet may occur to identify any changes of plea and to examine what evidence has can be agreed as uncontroversial.
#The Trial diet then occurs.
Category:Court Proceedure