CLP 5 - Trial CC

Question 1

What are the three types of judges that sit in the Crown Court

Answer 1

• Recorder (barristers and solicitors who sit part-time) - Your Honour
• Circuit Judges - Your Honour
• High Court Judges - My Lord/Lady

Question 2

What is the Role of the judge in the Crown Court?

Answer 2

• arbiter of law
• makes rulings about the admissibility of evidence
• directs the jury about matters of law
• can direct a jury to find a defendant not guilty

Question 3

What is the role of the jury in the Crown Court?

Answer 3

• abiter of facts
• decides whether the defendant is guilty
• must accept and pply the judge’s directions about the law.

Question 4

Are legal arguments in the Crown Court heard before or after the Jury are sworn in?

Answer 4

Either

Question 5

How is Jury selection carried out?

Answer 5

16 people go into the court of which 12 are chosen. The defendant has the right to object to any juror.

Question 6

What is the Crown Court Procedure?

Answer 6

1) Legal arguments
.
2) Jury selection and swearing in
3) Judge’s preliminary instructions to the jury,
.
4) Prosecution opening speech
5) Defence identify matters in issue
6) Prosecution evidence
7) Conclusion of the prosecution case
.
8) submission of no case to answer
9) Right to give evidence and adverse inferences
.
10) Defence opening speech (if non-character witness’ called)
11) Defence evidence
.
12) Legal discussions
.
13) Prosecution closing speech (if D rep’ed or D W-ness called)
13) Defence closing speech (always)
14) Judge’s summing up
.
15) Jury bailiff sworn & Jury retire
16) Verdict

Question 7

Is the defendant required to give evidence at the Crown Court trial?

Answer 7

No, but failure to do so may result in adverse inference being drawn (s35)

Question 8

When does the defence have the right to make an opening speech?

Answer 8

only if one or more defence witnesses (other than the defendant) will be called to give factual (as opposed to character) evidence.

Question 9

What happens after the defence case is closed in the Crown Court?

Answer 9

Legal discussions are held to consider any matters of law that have arisen.

Question 10

When can the prosecution make a closing speech in the Crown Court?

Answer 10

• If the defendant is legally represented,

OR

• If the defence has called at least one defence witness to give factual (rather than just character) evidence, or
• the court permits

Question 11

What are the two parts to a judges summing up in the Crown Court?

Answer 11

• Summing up of the Law
• Summing up of the facts

Question 12

What is the minimum time a Jury must deliberate before a majority verdict can be given?

Answer 12

2 hours (though, in practice 2 hrs 10 mins)

Question 13

When should the Court accept a majority judgement?

Answer 13

After the minimum period has expired (2.10)

It appears to the court that the jury have had such period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case.

Question 14

Who does the jury inform when they have reached a verdict?

Answer 14

They will inform the jury bailiff