Court processes

Question 1

What are the main stages of a criminal trial?

Answer 1

1. Prosecution opening speech.
2. Prosecution calls witnesses.
   2a. If applicable, defendant may make an application of no case to answer.
3. Defence calls witnesses.
4. Closing speeches (both sides).
5. Judge sums up.
6. Jury deliberates (in Crown Court).
7. Verdict.
8. Pre-sentence reports (if relevant).
9. Sentencing.

Question 2

What is the purpose of an application of no case to answer?

Answer 2

The application is made when the defence argues that the prosecution has not presented enough evidence to amount to a prima facie case. If the judge agrees, the case can be dismissed. If not, the trial continues.

Question 3

What is the difference between examination-in-chief and cross-examination?

Answer 3

Examination-in-chief is when a witness is questioned by their own side using non-leading questions to help them give their evidence. Cross-examination is when the opposing side questions the witness to cast doubt on their evidence, and leading questions can be used.

Question 4

What is meant by ‘competence’ in relation to witnesses?

Answer 4

A witness is considered competent if they are able to understand questions and provide understandable answers. Most people are competent to give evidence unless they lack this capacity.

Question 5

What does ‘compellability’ mean for witnesses?

Answer 5

Compellability refers to whether a witness can be forced to give evidence. Generally, all competent witnesses are compellable, but there are exceptions, such as defendants, their spouses, and co-defendants.

Question 6

Who is compellable to give evidence?1

Answer 6

• The defendant is not compellable for the prosecution and does not have to give evidence unless they choose to.

Question 7

Who is compellable to give evidence?2

Answer 7

• The defendant’s spouse/civil partner is not compellable for the prosecution but is compellable for the defence.

Question 8

Who is compellable to give evidence?3

Answer 8

• Co-defendants are neither competent nor compellable for the prosecution.

Question 9

What are special measures for giving evidence?

Answer 9

Certain witnesses, like those affected by fear, can request special measures, such as the removal of wigs and gowns by court personnel, giving evidence in private, pre-recorded testimony, or the use of screens.

Question 10

What professional conduct duties must lawyers uphold during trial?

Answer 10

Lawyers must avoid misleading the court, such as allowing a client to lie or not correcting an error of law. They also have a duty to avoid conflicts of interest.