5.2 Trial - overview

Question 1

Which Part of the Criminal Procedure Rules deals with trial and sentence in the Magistrates Court?

Answer 1

Part 24

Sets out the order of events from plea to verdict.

Question 2

Which Part of the Criminal Procedure Rules deals with trial and sentence in the Crown Court?

Answer 2

Part 25

Question 3

When does the defendant’s counsel make submissions of no case to answer?

Answer 3

After the prosecution has finished giving evidence.

Question 4

Which provision deals with submissions of no case to answer in the magistrates court?

Answer 4

CrimPR 24.3(3)(d)

Question 5

What is the rule on submissions of no case to answer?

Answer 5

CrimPR 24.3(3)(d)
at the conclusion of the prosecution case, on the defendant’s application or on its own initiative, the court—
(i)
may acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict, but
(ii)
must not do so unless the prosecutor has had an opportunity to make representations;

Question 6

Which provisions deal with D’s right to give evidence at trial in the magistrates court?

Answer 6

CrimPR 24.3(3)(e) and (f)

Question 7

What are the rules on D’s right to give evidence at trial?

Answer 7

CrimPR 24.3(3)
(e)
the justices’ legal adviser or the court must explain, in terms the defendant can understand (with help, if necessary)—
(i) the right to give evidence, and
(ii) the potential effect of not doing so at all, or of refusing to answer a question while doing so;
(f)
the defendant may introduce evidence;

Question 8

Is assault occasioning ABH

(a) summary;
(b) either way; or
(c) indictable?

Answer 8

(a) either way

Question 9

Is attempted murder

(a) summary;
(b) either way; or
(c) indictable?

Answer 9

(c) indictable

Question 10

Is kidnapping

(a) summary;
(b) either way; or
(c) indictable?

Answer 10

(c) Indictable

Question 11

Is theft

(a) summary;
(b) either way; or
(c) indictable?

Answer 11

(b) either way

Question 12

Is Section 18 GBH

(a) summary;
(b) either way; or
(c) indictable?

Answer 12

(c) Indictable

Question 13

Is Class A possession with intent to supply

(a) summary;
(b) either way; or
(c) indictable?

Answer 13

(b) either way

Question 14

Is common assault

(a) summary;
(b) either way; or
(c) indictable?

Answer 14

(a) summary only

Question 15

Is s.20 GBH

(a) summary;
(b) either way; or
(c) indictable?

Answer 15

(b) either way

Question 16

In which court must the clerk to the court be legally qualified?

Answer 16

In the Magistrates Court.

Question 17

What are the duties of a Magistrates Court clerk?

Answer 17

To advise the lay justices.

Question 18

What are the duties of a Crown Court clerk?

Answer 18

Administrative, e.g., selecting and taking verdicts from the jury and arraigning defendants.

Question 19

When does jury selection take place?

Answer 19

After legal arguments and before the judge’s preliminary instructions to the jury.

Question 20

Which Rule deals with procedure where there is a not guilty plea in the Crown Court?

Answer 20

CrimPR 25.9

Question 21

What is the leading case on submissions of no case to answer?

Answer 21

R v Galbraith

Question 22

What is the test in Galbraith?

Answer 22

Submissions of no case to answer should be allowed where -

(1) There is no evidence that D committed the offence, or
(2) The evidence, taken at its highest, could not show that D’s actions were an offence.

Question 23

When are submissions of no case to answer to be made?

Answer 23

At ‘half time’: after the prosecution has concluded its case.

Question 24

What are the usual procedural steps in a summary trial?

Answer 24

1. Legal arguments
2. Prosecution opening speech
3. Defence identify matters in issue
4. Prosecution evidence
5. Conclusion of the prosecution case
6. Submissions of no case to answer
7. Inform D of right to give evidence & inferences
8. Defence evidence
9. Prosecution closing speech
10. Defence closing speech
11. Legal advice
12. Judge retires
13. Verdict