Criminal Litigation

Question 1

What are some possible responses if the Judge asks a question?

Answer 1

Listen to the question, think and then answer after you have had a minute to think about the answer. If you don’t know the answer - Is it in your papers …… witness statement? Ask for time
Judge can I have a moment to look at my papers Turn to your instructions and papers to see if you can find the fact, evidence or issue, then answer the judge.
If you don’t know the answer then just admit it
Judge I am sorry I do not know the answer to that question, is there anything else I can assist the court with?

Question 2

When is a Turnbull warning given?

Answer 2

• Identification evidence is good quality.
• identification evidence is poor but supported.
• where ID is poor and unsupported the judge is to stop the trial and direct the jury to acquit.

Question 3

How must the jury reach a verdict?

Answer 3

• unanimously although a majority of 11:1 or 10:2 will be accepted if after 2 hours 10 minutes unanimity is not possible.
• if it’s a complex case the judge is likely not to wait longer than the minimum period.

If any juror is discharged during the trial the verdict requirement reflect this.
- 11 jurors - 10:1
- 10 juror 9:1 if only 9 must be unanimous.

Question 4

What are the 4 statutory aggravating factors?

Answer 4

1. Previous convictions
2. Offences committed whilst on bail
3. Racial or religious aggravation
4. Hostility based on sexual orientation or disability.

Question 5

When may a sentence be suspended?

Answer 5

Custodial sentence of at least 14 days but not more than 2 years may be suspended for at least 6 months but not more than 2 years.

Question 6

What is the operational period?

Answer 6

The period during which the sentence is suspended.

Question 7

What are the 4 situations the prosecution may be allowed to call a co-accused?

Answer 7

1. AG may file a formal notice abandoning prosecution.
2. Order may be made for separate trials in which case co-accused from 1st trial may be called but not vice versa.
3. Accused may be formally accused.
4. Accused may plead guilty and may then give evidence for the crown against a co-accused. desirable that they are sentenced first before giving evidence

Question 8

When may hearsay evidence be admissible by statue & rule of law?

Answer 8

Statute
- witness is unavailable, sick, dead out of the UK, unable to secure attendance.

• Business documents if created or received in course of business

Rule of law
- statement witness heard that was made contemporaneously to the offence

• Res gestae statement made when a person is so emotionally overpowered by an event that the possibility of concoction or distortion can be disregarded.
• Confession

Question 9

Example of good character direction

Answer 9

You have heard that the defendant is a man in his middle years with no previous convictions. Good character is not a defence to the charges but it is relevant to your consideration of the case in two ways. First, the defendant has given evidence. His good character is a positive feature of the defendant which you should take into account when considering whether you accept what he told you. Secondly, the fact that the defendant has not offended in the past may make it less likely that he acted as is now alleged against him

Question 10

What is the totality principle?

Answer 10

Principle to be taken into account when sentencing an offender. Sentences imposed must not be disproportionate to the overall seriousness of the offending behaviour.

Question 11

In what circumstances will the Defendant be sent to the Crown Court if he indicates a not guilty plea for an either way offence?

Answer 11

1. D is sent to Crown court for trial for a related offence
2. D is charged jointly with another adult defendant who is sent to crown court for a related offence.
3. D charged jointly or charged with a related either-way offence with a youth defendant sent to crown court

Question 12

What are the 5 purposes of sentencing?

Answer 12

1. Punishment
2. Crime reduction
3. Reform and Rehabilitation
4. Public protection
5. Reparation

Question 13

What are the hearsay interest of justice factors?

Answer 13

*. Probative value
• What other evidence could be given
• Importance
• Circumstances
• Reliability
• Whether oral evidence can be given
• Difficulty in challenging statement

Question 14

When is multiple hearsay admissible?

Answer 14

• Business documents
• Inconsistent or consistent statement
• All parties agree
• In interest of justice

Question 15

What are the 7 gateways for admitting bad character evidence?

Answer 15

• All parties agree
• Introduced by defendant
• Important explanatory evidence
• Relevant to important matter in issue (propensity to commit offences of the one charged)
• Substantial probative value to matter in issue between co-defendants
• Correct false impression given by defendant
* Defendant attacked another’s character