CLP 7 - Trial in CC Flashcards
What does the Crown Court clerk do?
Selects jurors, takes verdicts, and arraigns defendants. Not legally qualified.
What types of judges sit in Crown Court?
Circuit Judges (CJs), Recorders, and High Court Judges.
When are legal arguments heard?
Before or after jury is sworn (in absence of jury if voir dire).
What are examples of voir dire applications?
- Bad character
- Hearsay
- s76/s78 PACE
- Abuse of process
How is the jury selected?
12 jurors chosen from a panel of 16; defendant can object to any juror.
What does the judge instruct the jury before trial?
Not to discuss the case and that the law is the judge’s domain.
What happens after the prosecution opening speech?
Defence identifies matters in issue for jury understanding.
What can prosecution evidence include?
- Witnesses
- Statements
- ROTI (edited)
- ‘No comment’ written admissions.
When can the judge direct the jury to acquit?
If there’s a submission of no case to answer and prosecution has replied.
What are the rules on adverse inferences?
If the defendant doesn’t testify, jury may draw adverse inferences (defendant must be informed).
When does the defence give an opening speech?
Only if defence witnesses (other than defendant) will give factual evidence.
How is defence evidence presented?
Defendant testifies first (cross-examined), then other witnesses.
When are legal discussions held with the jury absent?
Before summing up, to resolve legal issues or submissions.
When can the prosecution make a closing speech?
If the defendant is legally represented or has called factual witnesses.
Is the defence always allowed a closing speech?
Yes – goes second if prosecution has already spoken.
What does the judge include in the summing up?
- Law and facts
- Burden/standard of proof
- Offence ingredients/defences
- Written route to verdict
- Directions (e.g., majority verdict)
- Foreman’s role
- Separate decisions for counts/defendants
When can a majority verdict be accepted?
After 2 hours 10 mins (minimum), depending on complexity.
What is the jury bailiff’s role?
Sworn to keep jury separate; passes questions from jury to judge.
How is the verdict delivered?
Jury notifies bailiff, foreman stands and announces in court.
Can the jury return a verdict on a lesser offence?
Yes – if it’s an alternative to the indictment count.
What happens after a guilty verdict?
- May be sentenced immediately
- Or adjourned for pre-sentence/psychiatric reports
What happens after a not guilty verdict?
Defendant is discharged if no other matters are pending.
