4. Trial Procedures in Magistrates' and Crown Courts Flashcards
If the defendant opts to give evidence, when will they give it?
Before any other defence witness
What does the competence of a witness go to?
Whether they are allowed to give evidence
What does the compellability of a witness go to?
Whether they can be forced to give evidence
A witness will be deemed to not be competent if they are not able to do what two things?
Unable to:
- Understand questions put to them as a witness
- Gives answers which can be understood
What is true of all competent witnesses, other than the defendant, the defendant’s spouse/civil partner, and co-defendants?
They are compellable
With regard to the defendant’s competence and compellability, what is the situation for the prosecution and defence?
Prosecution:
D is neither competent nor compellable
Defence:
D is competent but not compellable
Again however, even though the defendant is not compellable, what can the jury do if they fail to give evidence?
Draw an adverse inference
What must generally be true before the jury will hold the failure to give evidence against the defendant?
The jury must think the only sensible explanation for the decision not to give evidence is that the defendant has no answer to the case against them, or no answer that would have stood up to cross examination
With regard to the competence and compellability of the defendant’s spouse or civil partner, what is the situation for the prosecution and defence?
Prosecution:
Spouse is competent but not compellable (unless exception applies)
Defence:
Spouse is competent and compellable, unless jointly charged
What must the offence for which defendant is being prosecuted involve before the spouse or civil partner of the defendant can be compelled by the prosecution?
Offence involves:
- Assault, injury, or threat of injury to the spouse or a child under 16
- Sexual offence on a child under 16
- Attempting, conspiring to commit, aiding, or abetting either 1 or 2
What is the situation if the married couple are no longer together?
It is as if they were never married, and the spouse is treated as a normal witness
Can an adverse inference be drawn from the spouse’s failure to give evidence?
No
With regard to the competence and compellability of co-defendants, what is the situation for the prosecution and defence?
Prosecution:
Co-D is neither competent nor compellable
Defence:
Co-D is competent but not compellable
What happens where a co-defendant pleads guilty of the charges against them are dropped?
They become an ordinary witness
What is a submission of no case to answer and when is it made?
At the end of the prosecution case, the defence may argue that they prosecution has not presented enough evidence to amount to a prima facie case, either:
- By failing to adduce evidence of one or more of the elements or the offence, or
- If the evidence is so unreliable that no reasonable bench, judge, or jury could convict