Course of Evidence Flashcards
What is the role of the Judge in a jury trial?
(1) Decide all questions concerning the admissibility of evidence
(2) Explain and enforce the general principles
(3) Instruct the jury on the rules of law
Features of adversarial justice system
(1) Facts of the case emerge by means of questions put to each witness by both parties
(2) Each party to decide what witnesses to call, in what order and what questions to ask
(3) Each party has the right to test the testimony of each witness through cross-examination
(4) Judge’s function is to ensure that the evidence is produced in accordance with the established rules
(5) Defendant does not have to give evidence or do anything to assist the prosecution in the presentation of its case
Oaths and affirmations
12 and over = oath or affirmation
Under 12 = Be informed by the Judge the importance of telling the truth and not telling lies, and make a promise to tell the truth before giving evidence
Section 84(1) Evidence Act 2006
Examination of Witnesses
(a) a witness first gives evidence in chief, and
(b) after giving evidence in chief, the witness will be cross-examined by all parties (other than party calling the witness), and
(c) after all parties who wish to do so have cross-examined the witness, the witness may be re-examined
Sequence of jury trials
(1) Judge commences trial with some brief opening instructions (role of the jury, mechanics of jury service, need to keep an open mind, burden and standard of proof)
(2) Crown makes opening address - explanation of charges, summarise the case, evidence Crown will call
(3) Crown case is presented - prosecution witnesses called to give evidence in chief (defence to cross-examine, prosecution to re-examine etc)
(4) Defence makes opening address - as above
(5) Defence case is presented - as above
(6) Crown concludes by making a closing address to jury - summarise case
(7) Defence concludes by making a closing address to jury - as above
(8) Judge sums up to the jury - jury retires to consider verdict
Trial types
Category 1 / 2 (less than two year imprisonment) - Judge Alone trials
Category 3 (two years imprisonment or more) - Judge Alone trial with ability to elect trial by Jury
Category 4 offence - High Court Jury trial
Section 33, Evidence Act 2006
Restrictions on comment on defendant’s right of silence at trial
No person other than the defendant or the defendant’s counsel or the Judge may comment on the fact that the defendant did not give evidence at his or her trial
