Criminal Practice 5: Trial

Question 1

What are the stages of a criminal trial (general)?

Answer 1

1. Prosecution makes opening speech
2. Prosecution calls witnesses
   - examination in chief (prosecution questions)
   - cross examination

(3. defence makes application of no case to answer - if relevant)

4. Defence calls witness
   - examination in chief (prosecution questions)
   - cross examination

Question 2

What are the rules for examination in chief?

Answer 2

This is where you examine own witnesses
- can only ask non-leading questions on issues in dispute

NOTE
- can ask leading questions on background issues not in dispute (to make witness comfortable)

Question 3

What are the rules for cross-examination?

Answer 3

This is being questioned by other side
- advocates role is to case doubt upon the evidence given in chief and put their client account to the witness
- can ask leasing questions

Question 4

When are witnesses competent and when are they compellable?

Answer 4

Competent
If it appear to court that:
- witness understands that questions put to them; and
- gives answers to the court which can be understood

Defendant and their spouse are excluded

Compellable
- all competent witness are compellable

Question 5

Is the defendant competent and compellable?

Answer 5

Defendant
- neither competent or compellable for prosecution
- is competent but not compellable for defence

However jury can draw adverse inference if defendant does not give evidence.

Question 6

Is the defendant’ spouse / civil partner competent and compellable?

Answer 6

For defence
- is competent and compellable
- unless they are jointly charged

For prosecution or co-defendant
- spouse is competent but not compellable

Unless Offence for:
1. assault, injury or threat of injury:
- against spouse; or
- child under 16.
2. sexual offence on child under 16
3. attempting, aiding or abetting those crimes

Question 7

Are co-defendants competent and compellable?

Answer 7

For Prosecution
- not competent or compellable

Defence
- competent but not compellable

However, if one pleads guilty or the case against them is dropped they become ordinary witness and become
- competent and compellable to either party

Question 8

What witness may request special measures for giving evidence?

Answer 8

• under 18s
• with disabilities or disorders likely to affect evidence
• affected by fear of giving evidence
• complainants in sexual offences
• witnesses to specified gun and knife crimes

Question 9

What is a submission of No Case to Answer

Answer 9

After prosecution calling witnesses defence may make submission to argue that prosecution has failed to present enough evidence to amount to prima facie case due to:
- no evidnece on 1+ elements of offence
- evidence is so unreliable no reaonable judge/jury could convict

Application heard in absence of jury

If successful defendant is acquitted.

Question 10

How should judge be addressed?

Answer 10

Magistrates Court
- individual magistrates “Sir” or “Madam”
- bench collectively “your worships”

District Judge
- “judge”

Crown Court
- “your honour”; or
- His/Her Honour Judge [surname]

Question 11

What must you do if client admits guilt but wants to plead not guilty?

Answer 11

• must advise carefully on strength of evidence and credit of guilty plea
• can continue to act but cannot put anything before court they know to be untrue
• so can test strength of prosecutions evidence
• cannot put forward active defence
• if client wishes to advance an active defence must withdraw

Question 12

What must you do if client admits they did not do it but wants to plead guilty?

Answer 12

• should advise on defence available
• can continue to act but will not be able to put forward anything in mitigation that suggests the D did not commit offence
• Because this would be misleading the court as the client has accpeted guilt

Question 13

Can a solicitor act for more than one defendant?

Answer 13

Only if their accounts are aligned

If conflict subsequently arises they have to:
- withdraw from the case entirely if duty to confidentiatliy would be compromised
- can continue to act for one defendant if duty of confidentiality to other defendant would not be compromised

Duty of Condidentiality is compromised if:
- you have information on one would breach duty to confidnetialtiy if disclsoed to the defenant you continue to act for