Under the summary trial procedure, which courts may impose a punishment on the accused, and which punishments may they choose?
General information · Not legal advice
Material to check
In a practice file we read the charging paper or the case list, which shows whether the matter sits before a district court, one of its branches, or a city and county court, and the copy of the ruling, which shows the punishment actually imposed on the accused.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at face value: the judges of a district court, one of its branches, or a city and county court may, acting through the summary trial procedure, sentence the accused to a fine within the ceiling the provision sets, to detention, or to a minor fine.
Another reading notes what the provision does not reach: it names the courts, the procedure and the three punishments, but says nothing about which offences may be dealt with this way, or about a case where the punishment called for goes beyond the ceiling, so the file must show both on its own papers.
Your judgment
Where the punishment a case appears to call for sits above the ceiling the provision sets, what in the papers shows which procedure the matter was begun under?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the ceiling or add a punishment, or if a court decision sets which offences may be handled under the summary trial procedure.