C14: The Crown Court

Question 1

What is the Crown Court governed by?

Answer 1

Senior Courts Act 1981
CrPR
CrPD

Question 2

What are the three classes of seriousness?

Answer 2

Class 1: Most serious, murder and treason (High Court judge)

Class 2: Rape (Circuit judge)

Class 3: Robbery, GBH (Circuit judge or Recorder)

Question 3

What is arraignment?

Answer 3

A procedure at the start of a trial when details of the offences are read out and the defendants are asked whether they will plead guilty or not guilty. Part of the PTPH.

Question 4

Are jury present at arraignment?

Answer 4

No, they are not, as they aren’t present for the PTPH.

Question 5

What is an indictment?

Answer 5

A formal charge or accusation of a serious crime.

Question 6

Who drafts the indictment?

Answer 6

The CPS.

Question 7

Can you change your plea?

Answer 7

Yes, from not to guilty at any time.

From guilty to not with a judge’s consent before sentence.

Question 8

What is the list called where cases go for trial for a future period of one or two weeks?

Answer 8

A warned list

Question 9

When and why would you have a count ‘left on the file’?

Answer 9

When the defendant pleads guilty to the lesser count, the prosecution leave the more serious count on file, meaning it is not a formal acquittal, but will not be proceeded with.

Question 10

What if the defendant enters an involuntary plea?

Answer 10

The conviction will be quashed.

Question 11

Who determines the issue of fitness to plead?

Answer 11

The judge alone, after hearing from two registered psychiatrists, but the jury would be asked to decide whether they did the act/omission specified in the charge.

Question 12

If an indication of sentence is given by the judge, are they bound by it?

Answer 12

Yes, they are. Goodyear [2005]

Question 13

What is the first trial after a case has been received by the Crown Court from the Magistrates’ Court?

Answer 13

Plea and Trial Preparation Hearing (PTPH)

Question 14

How long does the Crown Court have to do a PTPH once the case is sent to them?

Answer 14

28 days

Question 15

What is the BCM in the Crown Court?

Answer 15

Better Case Management initiative, managing cases better, fewer hearings, early guilty pleas.

Question 16

What tech runs along the BCM initiative?

Answer 16

Crown Court DCS (digital case system), also known as the common platform.

Question 17

What if the judge sees that there is not enough evidence against the applicant for a conviction with the jury?

Answer 17

Then the judge will dismiss the charge, before or at the PTPH.

Question 18

What should be included in the defence brief to counsel?

Answer 18

• analysis of prosecution case
• date and type of hearing
• whether it is legally aided

Question 19

What enclosures should a defence brief to counsel contain?

Answer 19

• defendant’s statement (proof of evidence)
• draft indictment
• case sent bundle and access to case on DCS
• relevant correspondence with CPS
• expert reports

Question 20

If there is a guilty plea, what will happen at a Crown Court PTPH?

Answer 20

The court will proceed to sentence at the PTPH.

Question 21

When are preparatory hearings used and when will it be decided they will be used?

Answer 21

Only for serious, long or complex Crown Court cases and the decision will be made at the PTPH.

Question 22

Who comes to and what happens at the preparatory hearing?

Answer 22

Not the PTPH, only for complex cases.

Before jury is sworn, it is for clarification of difficult or contentious matters.

Question 23

If very long and complex, which hearing comes after the preparatory hearing?

Answer 23

The further case management hearing (FCMH).

Question 24

What binding rulings can judges made at PTPH/pre-trial hearings and why?

Answer 24

Admissibility of evidence and questions of law - in order to save time, inconvenience and expense.

Question 25

What is another important pre-trial hearing other than the PTPH?

Answer 25

A Ground Rules Hearing, where the cross-examination of vulnerable witnesses is discussed.

Question 26

What are the three main differences between a Magistrates’ Court trial and a Crown Court trial?

Answer 26

In the Crown Court, there will be a jury and therefore a summing up by the judge. The prosecution will also always make a closing speech.

Question 27

Will the jury stay in court when there is a question of law being debated?

Answer 27

No, they will not.

Question 28

What is a voir dire?

Answer 28

A trial within a trial, meaning the judge has to hear some witnesses before determining whether evidence is admissible or not. No jury are present.

Question 29

What is the legislation governing juries?

Answer 29

Juries Act 1974

Question 30

Who are the 6 groups of people who are disqualified from sitting on a jury? +1 bonus

Answer 30

1. mentally disordered
2. on bail
3. served over 5 years in prison
4. served life in prison
5. served in prison to protect public
6. had a criminal conviction in the last 10 years

Members of army can be excused.

Question 31

Can lawyers and police officers serve on a jury?

Answer 31

Yes, they can. However, CPS employees shouldn’t sit on a jury where the case is prosecuted by the CPS.

Question 32

How many jurors are required if some drop out, to carry on the case?

Answer 32

9 jurors

Question 33

When might a judge-only trial arise?

Answer 33

When there is risk of jury-tampering.

This can happen:
- before the start of the trial if there is real danger of jury tampering.
- after the jury has been discharged as a result of jury tampering.

Question 34

Can the judge sit alone on some counts and have a jury on others?

Answer 34

Yes, thanks to Domestic Violence, Crime and Victims Act 2004, but only if there are way too many indictments.

Question 35

How long until indictable offence proceedings should be tried for until it is timed out?

Answer 35

There is no time limit, unlike summary offences which is 6 months. If a fair trial is possible, a stay should not be granted for an indictable offence.

Question 36

What is the Crown Court trial procedure?

Answer 36

1. Jury selection
2. Prosecution open case
3. No case to answer option 1
4. Defence case
   (No case to answer option 2)
5. Closing speeches
6. Summing up by judge
7. Jury retire
8. Verdict and sentencing if guilty

Question 37

How do you get a witness to attend court even if they don’t want to?

Answer 37

You ask first.
Then witness summons according to the CrPR
Then you can issue a warrant for arrest to appear in court.

Question 38

What is a SFR 1 and 2?

Answer 38

Streamlined forensic report

SFR 1 = summary
SFR 2 = full report

Question 39

Can a Crown Court trial proceed in the defendant’s absence?

Answer 39

Yes, it can if it will be fair and lead to a just outcome.

Question 40

What will happen if the defendant doesn’t give evidence on their own behalf?

Answer 40

An adverse inference may be drawn against them.

Question 41

What should be included in the judge’s summing up?

Answer 41

• explanation that jury are sole arbiters of fact, but judge takes care of the law
• burden and standard of proof
• definition of offence
• examination of evidence put forward

Question 42

What if the jury can’t come to a unanimous verdict?

Answer 42

JA 1974 allows for majority verdicts of 11-1 or 10-2, or if only 10 jurors, 9-1. A jury reduced to 9 must be unanimous.

Question 43

What is a jury called who cannot agree to a majority?

Answer 43

A hung jury. The case needs to be re-tried before a different jury.