10. Trial Procedure in Magistrates Court and Crown Court Flashcards
How many jury members in CC?
12
Procedure for a defendant changing their plea from guilty to not guilty
The defendant must apply, in writing, as soon as practicable after becoming aware of the grounds for making such an application to change a plea of guilty (eg if the defendant had misunderstood the prosecution case).
When is the defence entitled to make an opening speech to the jury in a CC case?
If, after an unsuccessful submission of no case to answer (or no submission) the defence solicitor intends to call witnesses in addition to the defendant
If there is more than one defendant in a CC trial, how is the order they present evidence determined?
By the order of their names on the indictment
If a defendant (not using a representation order) successfully defends their case in the Crown Court - will they be responsible for their own legal costs?
Judge will usually order that their legal costs are to be paid from central funds
CC: Presumption in favour of bail for a defendant who has been convicted but not sentenced?
Yes - but can be refused on various grounds
ie. D may fail to surrender to custody etc.
Methods of address for magistrates / chairperson in MC?
Sir or madam
Methods of Address for District Judges
Sir or Madam
Methods of address for judges in the Crown Court
Your Honour
Methods of address for the opposing advocate
‘my friend’ or for a barrister ‘my learned friend’
When can leading questions be asked?
- Cross-Examination
- After the judge has declared the witness hostile
General rule wrt Competence and Compellability
All persons are competent to give evidence at a criminal trial - all competent persons are compellable
When is a witness no longer competent?
If they cannot understand questions put to them as a witness or give answers to questions which can be understood
Which witnesses must be sworn in to give evidence
Those who are at least 14 years old
Is the accused / co-accused a compellable witness for the Crown?
NO
When can the CPS call on a co-accused to give evidence for the Crown?
- Attorney general files a nolle prosequi (formal notice abandoning the prosecution)
- If there is an order made for separate trials (co-accused from first can be called at second but not vice versa)
- Accused may be formally acquitted (eg. CPS offers no evidence)
- accused may plead guilty and give evidence against co-accused for the Crown
If the Crown wants an accused who has plead guilty to testify against their co-accused - what must have occurred?
Typically, the accused should be sentenced before they give evidnece
Is the accused a compellable / competent witness for a co-accused?
Competent but not compellable
Is an accused competent / compellable to give evidence in his own defence ?
Competent but not compellable
- but will risk adverse inferences if they do not provide evidence
Is the spouse of an accused a compellable witness for the Crown?
Yes, in limited cases only (for specified offences) (but spouse can always choose to do so)
Specified Offence Categories for the purpose of compellability
- Where offence charged involves an assault on or injury or threat of injury to the spouse or a person under the age of 16; or
- where the charge is a sexual offence, or such an attempted offence involving a person under 16 or aiding and abetting such offences
Is the spouse of the accused a compellable witness for the accused?
Yes
Is the spouse of an accused a compellable witness for a co-accused?
Only for specified offences
If spouses are married prior to a trial but divorce by the time the trial commences, do the rules about compellability still apply the same?
No - they are treated as if they were never married
If spouses are co-accused of an offence are they compellable as witnesses for each other?
Never
Who can apply to the court for special measures to help them give evidence?
a. children under 18
b. those suffering from a mental or physical disorder or ability likely to affect their evidence
c. those whose evidence is likely to be affected by their fear or distress at giving evidence at the proceedings
d. complainants in sexual offences
e. those who are witnesses in specified gun and knife crimes (YJCEA 1999, Sch 1A)
Who decides whether an individual falls into a category eligible for ‘special measures’?
The court - EXCEPT for victims of sexual offences who are automatically eligible
If a witness is fearful about giving evidence and qualifies for special measures - what measures are they most likely to employ?
They judge will try to make sure they can still be subject to crossX so will consider things such as screens, witness supporters, private court, and evidence via video link, Judges / barristers removing their wigs and gowns, allow witness to be examined before trial and show recording at trial, allow approved intermediary to have witness communicate when giving evidence, allow witness to use communication aids
Warning for the jury if special measures are employed:
If special measures are used, trial judge must warn jury about this and say they should not prejudice them against defendant
What special measures are available for defendants? When?
If a defendant is unable to participate effectively in court as a witness due to mental disorder, impaired intellectual ability or social functioning, they can give their evidence by video link
Solicitor’s duty to the court
- represent client accurately
- uphold rule of law and proper administration of justice
- not to mislead the court
- duty of confidentiality to their client (ie. do not tell the court ‘why’ when they are ceasing to act for a client)
Where credibility is an issue in relation to an important witness - how can this be challenged in open court?
the evidence that the witness had previous convictions for dishonesty offences may be admissible as being relevant to the issue of credibility, whether or not the previous convictions involved untruthfulness.
