Chapter 8: Trial procedure in Magistrates' and Crown Court Flashcards
What are the 8 stages of a criminal trial?
- Prosecution’s opening speech
- Prosecution calls witness
- Defendant calls witness
- Judge sums up evidence
- Jury deliberates in jury trial
- Judge or bench delivers verdict in Magistrates’ Court. In Crown Court, the jury will deliver verdict
- Pre-sentence report may be ordered
- Sentence is handed down
When a witness is called, who will question them first?
A witness will first be questioned by who called them and then by the other side
What is examination in chief?
The questioning of a party’s own witness
What are the only type of questions that can be asked in examination in chief?
- Non leading questions which do not suggest a particular answer
- Typically start with who, what, where, when, why or how
What is cross examination?
Questioning of witness by opposing party
Can leading questions be asked in cross examination?
Yes
What does it mean if a witness is regarded as being competent?
Competence means that a witness is allowed to give evidence in court
What does it mean if a witness is regarded as being compellable?
Compellability means that a witness can be forced to give evidence
When will a witness not be competent in a criminal trial?
If it appears to the Court that the witness is not able to:
1. Understand questions put to them as a witness
2. Give answers to the Court which can be understood
Are all competent witnesses compellable?
Yes
Is the defendant competent and/or compellable for the prosecution whilst on trial?
A defendant is neither competent nor compellable for the prosecution whilst on trial
Is the defendant competent and/or compellable for the defence whilst on trial?
The defendant is competent for the defence, but not compellable
Is the defendant’s spouse competent and/or compellable for the prosecution?
A spouse is competent but not compellable for the prosecution unless the offence involves assault, injury or threat of injury to a child under 16
Is the defendant’s spouse competent and/or compellable for the defence?
A spouse is competent and compellable
Is a co-defendant competent and/or compellable for the prosecution?
Co-defendants are not competent or compellable for the prosecution
Is a co-defendant competent and/or compellable for the defence?
Co-defendants are competent for the defence but not compellable
At the end of the prosecution calling witnesses, the defence may choose to make a submission of no case to answer. What is this?
An argument that the prosecution has not presented enough evidence to amount to a prima facie case
If appropriate, when would the defence make a submission of no case to answer?
After the prosecution has presented their witnesses and before the defence presents their witnesses
If an application for no case to answer is put forwards, is this heard by the jury?
The application is heard by the judge in the absence of the jury
What is the mode of address for an individual magistrate in the Magistrates Court?
Judge
What is the mode of address for the bench collectively in the Magistrates Court?
Your worships
What is the mode of address for a District Judge?
Sir or Madam
What is the mode of address for a judge in Crown Court?
Your Honour
What is the mode of address for a Crown Court judge when referring to them in third person?
His or Her Honour
Can a solicitor continue acting for a defendant who admits to a crime, but indicates that they will plead not guilty?
Yes, but they cannot put forward anything that they know to be untrue
Can a solicitor continue acting for a defendant who states that they did not commit a crime but will be pleading guilty?
Yes, but they cannot put forward anything in mitigation that suggests that the defendant did not commit the offence
Must the court take mitigating factors into account if they are relevant?
The court has discretion to take them into account and is not required to.
