10. Trial Procedure in Magistrates Court and Crown Court

Question 1

How many jury members in CC?

Answer 1

12

Question 2

Procedure for a defendant changing their plea from guilty to not guilty

Answer 2

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).

Question 3

When is the defence entitled to make an opening speech to the jury in a CC case?

Answer 3

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

Question 4

If there is more than one defendant in a CC trial, how is the order they present evidence determined?

Answer 4

By the order of their names on the indictment

Question 5

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?

Answer 5

Judge will usually order that their legal costs are to be paid from central funds

Question 6

CC: Presumption in favour of bail for a defendant who has been convicted but not sentenced?

Answer 6

Yes - but can be refused on various grounds

ie. D may fail to surrender to custody etc.

Question 7

Methods of address for magistrates / chairperson in MC?

Answer 7

Sir or madam

Question 8

Methods of Address for District Judges

Answer 8

Sir or Madam

Question 9

Methods of address for judges in the Crown Court

Answer 9

Your Honour

Question 10

Methods of address for the opposing advocate

Answer 10

‘my friend’ or for a barrister ‘my learned friend’

Question 11

When can leading questions be asked?

Answer 11

1. Cross-Examination
2. After the judge has declared the witness hostile

Question 12

General rule wrt Competence and Compellability

Answer 12

All persons are competent to give evidence at a criminal trial - all competent persons are compellable

Question 13

When is a witness no longer competent?

Answer 13

If they cannot understand questions put to them as a witness or give answers to questions which can be understood

Question 14

Which witnesses must be sworn in to give evidence

Answer 14

Those who are at least 14 years old

Question 15

Is the accused / co-accused a compellable witness for the Crown?

Answer 15

NO

Question 16

When can the CPS call on a co-accused to give evidence for the Crown?

Answer 16

1. Attorney general files a nolle prosequi (formal notice abandoning the prosecution)
2. If there is an order made for separate trials (co-accused from first can be called at second but not vice versa)
3. Accused may be formally acquitted (eg. CPS offers no evidence)
4. accused may plead guilty and give evidence against co-accused for the Crown

Question 17

If the Crown wants an accused who has plead guilty to testify against their co-accused - what must have occurred?

Answer 17

Typically, the accused should be sentenced before they give evidnece

Question 18

Is the accused a compellable / competent witness for a co-accused?

Answer 18

Competent but not compellable

Question 19

Is an accused competent / compellable to give evidence in his own defence ?

Answer 19

Competent but not compellable

• but will risk adverse inferences if they do not provide evidence

Question 20

Is the spouse of an accused a compellable witness for the Crown?

Answer 20

Yes, in limited cases only (for specified offences) (but spouse can always choose to do so)

Question 21

Specified Offence Categories for the purpose of compellability

Answer 21

• 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

Question 22

Is the spouse of the accused a compellable witness for the accused?

Answer 22

Yes

Question 23

Is the spouse of an accused a compellable witness for a co-accused?

Answer 23

Only for specified offences

Question 24

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?

Answer 24

No - they are treated as if they were never married

Question 25

If spouses are co-accused of an offence are they compellable as witnesses for each other?

Answer 25

Never

Question 26

Who can apply to the court for special measures to help them give evidence?

Answer 26

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)

Question 27

Who decides whether an individual falls into a category eligible for ‘special measures’?

Answer 27

The court - EXCEPT for victims of sexual offences who are automatically eligible

Question 28

If a witness is fearful about giving evidence and qualifies for special measures - what measures are they most likely to employ?

Answer 28

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

Question 29

Warning for the jury if special measures are employed:

Answer 29

If special measures are used, trial judge must warn jury about this and say they should not prejudice them against defendant

Question 30

What special measures are available for defendants? When?

Answer 30

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

Question 31

Solicitor’s duty to the court

Answer 31

1. represent client accurately
2. uphold rule of law and proper administration of justice
3. not to mislead the court
4. duty of confidentiality to their client (ie. do not tell the court ‘why’ when they are ceasing to act for a client)

Question 32

Where credibility is an issue in relation to an important witness - how can this be challenged in open court?

Answer 32

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.