Trial in the Magistrate Court

Trial in the Magistrate court takes two forms: summery trial and regular trial. Sections 260 and 261 outline cases which shall be tried summarily by Magistrates. Unlike in regular trials the court in summery trials has to simplify and shorten trial procedure by dispensing with the recording of evidence and not allowing many adjournments. There is a limit of imprisonment in summary trial and this is that a Magistrate cannot impose a sentence exceeding two years. In summery trials the Magistrate has to follow all the steps of a regular trial but the difference between the two is that in summery trial of offences where no appeal lies the Magistrate need to have to record the evidence of the witnesses or frame a formal charge(section 263). Secondly, in case of summary trials of offences where appeal lies, the Magistrate has to record the substance of evidence(still not the full evidence) (section 264).