9: Jury trials Flashcards
Accused MUST present @ start trial to plead. Court MUST not proceed without unless
D waived right to attend+ trial =fair.
Exceptions to accused’s presence mandatory:
- Accused’s misbehaviour
- Voluntary absence
- Ill
- Death
Judge MUST warn D at PTPH
of what?:
risk trial continuing without presence.
Discretion to continue without D:
- D’s behaviour
- Adjournment?
- Length adjournment
- Whether D is legal represented
- Whether legal rep can present his defence
- Disadvantage to D
- Risk of jury reaching improper conclusion
- General interest
- Effect of delay on witnesses memories
- Undesirability of separate trials.
What happens where D is misbehaving?
judge warn D, can return to dock later + makes undertaking. D can be held guilty of contempt. D NOT be handcuffed in dock UNLESS: real risk violence or escape + no alternative.
If trial is without D, judge MUST:
- During giving evidence; AND
- Summing-up
Expose weaknesses in pros case and make points for D + direction, absence not = guilt
SICKNESS OF D = Trial not continue UNLESS consent or not unfair. If D ill during trial, judge MUST:
- Adjourn until recovery; or
- Discharge jury
SICKNESS OF D = Trial not continue UNLESS consent or not unfair. If D ill during trial, judge MUST:
- Adjourn until recovery; or
- Discharge jury
BUT exception:
- if several D’s + one sick, trial may continue BUT NOT his own case
- D’s voluntary ingestion of drugs
- D has heart condition, but counsel can argue case effectively and had opp to give written evidence.
What happens where D is unrepresented?
court WILL assist his defence. Where D dismisses counsel + has legal aid during trial, judge MAY grant adjournment. Court MUST tell D end of pros case, his right – give evidence/call witnesses/be silent. Failure = MAY quash.
Restrictions on unrep D: cannot:
- Cross-examine complainants + child witnesses for certain offences
- Court can prohibit cross if circumstances of witness + case merit it + not contrary interest of justice.
Where D objects to Pros evidence on statements:
WHAT MUST HAPPEN??:
- D informs pros before pros opens
- Admissibility decided by judge, without jury
- If question how obtained - There many be a “on the voir dire” – both pros + d can call witnesses
- Parties make reps
- Judge announces findings
- Jury return, D can cross examine matters raised in voir dire
What will happen is D voluntarily absent?
Judge likely issue warrant for arrest.
What is an:
Abuse of process =
- D no longer receive fair trial;
- Unfair for D to be tried
MUST be considered separately. (2) requires balance competing interest, NOT (1). Only if pros case = abuse of process + is oppressive +vexatious, court has power.
Galbraith = test for no case to answer:
- If not evidence crime committed = judge stops case
- Evidence of tenuous character:
- Judge concludes pros evidence = jury could not properly convict, MUST stop upon submission no case to answer. E.G evidence inherently weak+tenuous.
- Pros evidence strength/weakness depends on witness reliability = one view = jury could properly convict = judge allow it.
What happens at an opening speech?
pros identify issues + outline evidence. Judge MAY allow def opening after pros.
Pros should not use emotive language. Opening should not address law unless complex. After opening, pros calls witnesses + reads written statements. If pros wishes additional evidence than served, MUST serve copy to others. If one opposes (giving notice) – statement CANNOT be red. 7 dys to object.
