Summary Trial

• Author: George Belnavis
• Profession: Attorney-at-law of over 30 years practice at both the Public and Private Bar and is currently Senior Tutor II at the Norman Manley Law School, Kingston, where he has taught for nearly 20 years
• Pages: 111-143

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Summary Trial

Parties to the Trial

At the date set for hearing of the case the complainant and the defendant

are required to be before the Court. Generally speaking the trial cannot

begin unless both the complainant and his witnesses (if any), and the

accused and his witnesses (if any) are present. It is fair that the accused

should hear what the prosecution and their witnesses have to say against

him so as to be in a position to answer their allegations.

Presence of the Accused/Defendant

Antigua & Barbuda

If the defendant does not appear in answer to a summons which was duly

served and the Magistrate does not think it expedient to issue his warrant

for the apprehension of such person, the Magistrate may proceed ex parte

to adjudicate on the case as fully as if the defendant had duly appeared.1

The Bahamas

The provisions in the Bahamas are similar to those in Antigua & Barbuda

except that the Court should only issue a warrant for the arrest of a non-

appearing defendant if it is satisfied that the accused willfully refused to

attend and has not consented to the trial talking place in his absence.2

Barbados

Section 33 of the Magistrate’s Courts Act 1996 provides that a Magistrate

may proceed in the absence of the accused where he is satisfied that the

summons was duly served on the accused within a reasonable time before

the trial or adjourned trial or the accused has appeared on a previous occasion

to answer to the information.

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Summary Trial

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112 / Criminal Practice and Procedure

There is a proviso that the Magistrate cannot sentence a person to

imprisonment in his absence or make an order that deferred sentence passed

on him take effect.3 In addition, the Magistrate is restricted from imposing

any disqualification of a person who is absent except as laid out in s. 33(4)

of the Act.

Belize

The provisions in Belize are similar to those in Antigua & Barbuda. The

Court may, in its discretion, in the absence of the accused –

(a) proceed ex parte to the hearing of the complaint and adjudicate

thereon as fully and effectually as if the defendant had personally

appeared; or

(b) adjourn the hearing to some future date; or

(c) issue a warrant to apprehend the person so summoned for avoiding

service, and to bring him before the Court to answer the complaint,

and to be further dealt with according to law.4

Jamaica

The Justices of the Peace Jurisdiction Act, by s. 12 provides:

If at the day and place appointed in and by the summons aforesaid for

hearing and determining such complaint or information, the defendant

against whom the same shall have been made or laid not appear when

called, the constable, or other person who shall have served him with

the summons in that behalf shall then declare upon oath in what manner

he served the summons, and if it appears to the satisfaction of any

Justice or Justices, that he duly served the said summons, in that

case…may proceed to hear and determine the case in the absence of

such defendant the said Justice or Justices (upon the non-appearance of

such defendant…) may, if he or they think fit issue his or their

warrant…and shall adjourn the hearing of the said complaint or

information until the said defendant be apprehended.

Montserrat

The provisions in Montserrat are analogous to that of the Bahamas.

If at the time and place of hearing appointed in a summons the defendant

does not appear, and it be proved that the summons was duly served a

reasonable time before the time appointed for his appearance, and if the

Court is satisfied on any sufficient evidence that the accused has willfully

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Summary Trial

refused to attend or otherwise may be deemed to have consented to the

trial taking place in his absence, the Court may either proceed to adjudicate

on the case as if the defendant had appeared or, if the Court is satisfied that

the defendant has so consented or considers that it is expedient for any

other reason that the trial should not proceed in the absence of the accused,

the court may issue a warrant for the arrest of the defendant in accordance

with section 21 and may adjourn the trial to some other date.5

St Christopher & Nevis

The procedure is contained in section 77 of the Magistrate’s Code of

Procedure Act CAP. 46 is exactly the same as in Antigua & Barbuda.

Saint Lucia

Section 690 of the Criminal Code 2004 deals with the issue of the non-

appearance of the defendant. If it is proved on oath to the satisfaction of

the Court that the summons was served within the time appointed for his

or her appearance or that the defendant willfully avoided service, the Court

may in its discretion either:

(a) proceed ex parte to hear and determine the complaint as if the

defendant appeared; or

(b) issue a warrant to arrest the defendant to bring him or her before the

Court to answer the complaint and to be dealt with further according

to law.

Trinidad & Tobago

By virtue of section 44 of the Summary Courts Act, if the defendant does

not appear before the Court at the time and place mentioned in the

summons (after proof on oath) to the satisfaction of the Court that the

summons was duly served and that the defendant willfully avoids service,

the court may in its discretion either:

(a) proceed ex parte to the hearing of the complaint as if the defendant

had appeared personally;

(b) adjourn the case to a further day; or

(c) issue a warrant to bring him before the court to answer the complaint,

and to be further dealt with according to law.

In addition, in Trinidad & Tobago, if when the case is called, the defendant

does not appear, the Court may, if the case comes within the provisions of

s. 44, proceed as therein directed, or may, if it thinks fit, allow the defendant