10) Trial

Question 1

Burden and standard of proof

Answer 1

Burden of proof remains with the prosecution throughout a criminal trial.

Question 2

Stages of a trial - Magistrates Court

Answer 2

1) Opening speech by prosecution
2) Prosecution witness called to give evidence - each witness examined in chief by prosecution solicitor and then cross-examined by defendant’s solicitor can then be re-examined
3) Possible submission of no case to answer
4) Defence witnesses called to give evidence (defendant called first)
5) Prosecution can make a closing speech
6) Closing speech by the defendant’s solicitor
7) Magistrates retire to consider verdict
8) Magistrates deliver verdict
9) If found guilty sentence immediately or adjourn

Question 3

Opening speech - Magistrates

Answer 3

A manner of setting the scene. Prosecution will tell the magistrates factual details about charge. They will then explain the relevant substantive law and tell them what the prosecution will need to prove to secure a conviction. They need to remind the magistrates that the prosecution has the burden of proving beyond a reasonable doubt of the defendant’s guilt. Then outline what the prosecution case consists of and what witnesses they intend to call

Question 4

Prosecution evidence - Magistrates

Answer 4

Customary for the 1st witness to be the complainant. If the defendant was interviewed at the station either a summary of the full transcript of the interview will be read out to the court unless the defendant’s solicitor objects then the audio recording will be played

Question 5

Voir Dire - Magistrates

Answer 5

This is if the defence want to challenge the admissibility of evidence. This can create a problem because the magistrates make decisions on both matters of law and fact.

Question 6

To overcome issue with voir dire - Magistrates

Answer 6

They usually hold a pre trial hearing to determine the admissibility of disputed evidence and they will be held in front of different magistrates

Question 7

Submission of no case to answer - Magistrates

Answer 7

Prosecution has an evidential burden when presenting their case. This burden is to present sufficient evidence to the court to justify a finding of guilt. If they fail to satisfy this then the defendant’s solicitor can make a submission of no case to answer asking magistrates to dismiss the case. If the magistrates accept then they have to dismiss the case. If they reject the submission then the defendant needs to present their case

Question 8

Submission of no case to answer - Legal test - Magistrates

Answer 8

1) The prosecution has failed to put forward evidence to prove an essential element of the alleged offence
2) The evidence produced by the prosecution has been so discredited as a result of cross-examination or is so manifestly unreliable that no reasonable tribunal could safely convict on it

Question 9

Defendant as a witness - Magistrates court

Answer 9

They are a competent witness but they are not compellable. They can give evidence but they are not obliged to do so. If they are raising a defence such as self-defence or alibi then they have the evidential burden so need to be a witness. E.g if the prosecution has adduced evidence of a confession that the defendant disputes they need to give evidence. Court may draw an adverse inference for failing to give evidence on their own behalf

Question 10

Closing speeches - Magistrates

Answer 10

Prosecution should only make a closing speech in complex cases. If they do make a speech they should make it first. Defendant’s closing speech is a way to sum up the case and point out weaknesses in prosecution case

Question 11

Verdict - Magistrates

Answer 11

Usually made before a bench of 3 magistrates. There doesn’t need to be unanimous agreement but a majority is needed

Question 12

Legal adviser - Magistrates

Answer 12

They can remind the magistrates of the evidence given in the case. They can assist them in the formulation of their reasons and can advise on Qs of law and practice

Question 13

Sentence

Answer 13

If the defendant is sentenced immediately their solicitor will deliver a plea in mitigation

Question 14

Order - Crown Court

Answer 14

1) Jury (12) sworn in
2) Prosecution opening speech
3) Prosecution witnesses called
4) Voir dire in absence of jury if there are any disputes as to points of law or admissibility of evidence
5) Possible no case to answer
6) Defence case - witnesses for defence
7) Both parties give closing speeches
8) Judge will sum up
9) Jury go to consider verdict
10) Sentence

Question 15

Summing up

Answer 15

The judge will give directions on law and a summary of the evidence

Question 16

Summing up - Law - Crown Court

Answer 16

They will explain:
1) Burden and standard of proof
2) The legal requirements of the offence
3) Any other issues of law and evidence e.g Turnbull warning

Question 17

Summing up - Evidence - Crown Court

Answer 17

1) Succinct summary of issues of fact
2) An accurate and concise summary of evidence and arguments raised by both parties
3) A correct statement of the inferences the jury is entitled to draw from their conclusions about the facts

Question 18

Verdict - Crown Court

Answer 18

Jury must decide unanimously thought a majority verdict of 11:1 or 10:2 will be accepted if after 2 hours 10 mins they can’t agree unanimously

Question 19

Examination in chief

Answer 19

Open questions

Question 20

Cross examination

Answer 20

Closed questions

Question 21

Competence - General rule

Answer 21

All persons are competent to give evidence at trial. All competent persons are also compellable by witness summons

Question 22

Competence - Exceptions

Answer 22

A person is not competent if they are unable to:
1) understand questions put to him as a witness
2) give answers to them which can be understood

Question 23

Exceptions to general rule on compellability - Accused

Answer 23

1) Co-accused unless they plead guilty and then they are compellable
2) Defendant
3) Spouse of accused

Question 24

Special measures - Who can have them

Answer 24

Assistance to help give evidence in court:
1) Children under 18
2) Suffering from a mental or physical disorder
3) Fear or distress at giving evidence
4) Sexual offences
5) Gun and knife crimes

Question 25

Special measures - Types

Answer 25

1) Screens
2) Giving evidence outside court
3) Clearing people from court
4) Video recording of cross examination

Question 26

Ethics

Answer 26

Even if a client admits their guilt the solicitor can still put the prosection to proof of its case but they can’t let the defendant give evidence (can’t say anything in their client’s defence which they know isn’t true)