Chapter 8: Trial procedure in Magistrates' and Crown Court

Question 1

What are the 8 stages of a criminal trial?

Answer 1

1. Prosecution’s opening speech
2. Prosecution calls witness
3. Defendant calls witness
4. Judge sums up evidence
5. Jury deliberates in jury trial
6. Judge or bench delivers verdict in Magistrates’ Court. In Crown Court, the jury will deliver verdict
7. Pre-sentence report may be ordered
8. Sentence is handed down

Question 2

When a witness is called, who will question them first?

Answer 2

A witness will first be questioned by who called them and then by the other side

Question 3

What is examination in chief?

Answer 3

The questioning of a party’s own witness

Question 4

What are the only type of questions that can be asked in examination in chief?

Answer 4

• Non leading questions which do not suggest a particular answer
• Typically start with who, what, where, when, why or how

Question 5

What is cross examination?

Answer 5

Questioning of witness by opposing party

Question 6

Can leading questions be asked in cross examination?

Answer 6

Yes

Question 7

What does it mean if a witness is regarded as being competent?

Answer 7

Competence means that a witness is allowed to give evidence in court

Question 8

What does it mean if a witness is regarded as being compellable?

Answer 8

Compellability means that a witness can be forced to give evidence

Question 9

When will a witness not be competent in a criminal trial?

Answer 9

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

Question 10

Are all competent witnesses compellable?

Answer 10

Yes

Question 11

Is the defendant competent and/or compellable for the prosecution whilst on trial?

Answer 11

A defendant is neither competent nor compellable for the prosecution whilst on trial

Question 12

Is the defendant competent and/or compellable for the defence whilst on trial?

Answer 12

The defendant is competent for the defence, but not compellable

Question 13

Is the defendant’s spouse competent and/or compellable for the prosecution?

Answer 13

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

Question 14

Is the defendant’s spouse competent and/or compellable for the defence?

Answer 14

A spouse is competent and compellable

Question 15

Is a co-defendant competent and/or compellable for the prosecution?

Answer 15

Co-defendants are not competent or compellable for the prosecution

Question 16

Is a co-defendant competent and/or compellable for the defence?

Answer 16

Co-defendants are competent for the defence but not compellable

Question 17

At the end of the prosecution calling witnesses, the defence may choose to make a submission of no case to answer. What is this?

Answer 17

An argument that the prosecution has not presented enough evidence to amount to a prima facie case

Question 18

If appropriate, when would the defence make a submission of no case to answer?

Answer 18

After the prosecution has presented their witnesses and before the defence presents their witnesses

Question 19

If an application for no case to answer is put forwards, is this heard by the jury?

Answer 19

The application is heard by the judge in the absence of the jury

Question 20

What is the mode of address for an individual magistrate in the Magistrates Court?

Answer 20

Judge

Question 21

What is the mode of address for the bench collectively in the Magistrates Court?

Answer 21

Your worships

Question 22

What is the mode of address for a District Judge?

Answer 22

Sir or Madam

Question 23

What is the mode of address for a judge in Crown Court?

Answer 23

Your Honour

Question 24

What is the mode of address for a Crown Court judge when referring to them in third person?

Answer 24

His or Her Honour

Question 25

Can a solicitor continue acting for a defendant who admits to a crime, but indicates that they will plead not guilty?

Answer 25

Yes, but they cannot put forward anything that they know to be untrue

Question 26

Can a solicitor continue acting for a defendant who states that they did not commit a crime but will be pleading guilty?

Answer 26

Yes, but they cannot put forward anything in mitigation that suggests that the defendant did not commit the offence

Question 27

Must the court take mitigating factors into account if they are relevant?

Answer 27

The court has discretion to take them into account and is not required to.