CLP 5 - voir dire

Question 1

At what point in proceedings can an application to exclude a confession be made?

Answer 1

• pre-trial hearing listed specifically for this purpose,

OR

• just prior to opening the case to the jury.

Question 2

Who hears the evidence in a Voir dire?

Answer 2

The judge:

Under 76(2) the prosecution must prove beyond reasonable doubt that the confession was not obtained by:
(a) oppression; and/or
(b) by anything said or done which was likely in the circumstances to render any confession unreliable.

Question 3

Who can call their evidence in a Voir dire?

Answer 3

The prosecution must, the defence can

Question 4

Is the defendant present during a Voir dire?

Answer 4

Yes

Question 5

Is the Jury present during a Voir dire?

Answer 5

No in the crown court (the judge may well be the same in the magistrates’ court)

Question 6

When is a Voir dire not required when considering whether to exclude a confession

Answer 6

If there is no dispute as to the facts

Question 7

What is the advance notification protocol in respect of excluding a confession in the Magistrate’s court?

Answer 7

• Defence skeleton argument submitted 14 days before trial.
• Prosecution response 7 days after that

Question 8

When should s.76 applications be dealt with in the magistrates’ court?

Answer 8

As a preliminary issue

Question 9

When should a Voir dire be held in the Magistrates’ court?

Answer 9

Where the application is under s.76 or both s.76 & s.78 and the evidence is disputed.

If application is only under s.78, the magistrates have discretion to hear all the evidence in one go.

Question 10

At what point in proceedings should a Voir dire be held in the Crown Court?

Answer 10

Generally at the PTPH

Question 11

When is a Voir dire required in the Crown Court?

Answer 11

Where an application is made under s.76 and the evidence founding the application is under dispute.