Criminal Practice WS5 - Trial Procedure in Magistrates and Crown Court

Question 1

What is the stages of a criminal trial in the magistrates court?

Answer 1

1) Opening speech by the solicitor from the CPS
2) The prosecution witnesess will then be called to give evidence. Each witness will be examined in chief by the prosecuting solicitor and then cross-examined by the defendant’s solicitor. The prosecuting solicitor may then choose to re-examine the witness
3) Possible submission of no case to answer by the defendant’s solicitor
4) The defence witness will then be called to give evidence(with the defendant being called first). Each witness will be examined in chief by the defendant’s solicitor and will then be cross-examined by the prosecuting solicitor. The defendant’s solicitor may then choose to re-examine the witness
5) The prosecuting solicitor may make a closing speech where the defendant is represented or the defendant has introduced evidence other than his own (whether represented or not)

6)Closing speech by the defendant’s solicitor
7) The magistrates retire to consider the verdict
8) The magistrates deliver the verdict
9) If the defendant is found guilty - magistrates will either sentence the defendant immediately, or adjourn sentence until later if they wish to obtain pre-sentence reports on the defendant. If acquitted, the defendant will be formally discharged by the magistrates and told they are free to go

Question 2

What happens in the prosecution opening speech in MC?

Magistrates Court

Answer 2

• Prosecutor tells the magistrates court the factual details about the charge which the defendant faces
• Relevant substantive law, will tell them that the prosecution will need to prove in order to secure a conviction
• Prosecutor has the burden of proof beyond reasonable doubt that the defendant is guilty and that the defendant is entitled to an aquittal unless the magistrates are sure of guilt
• Outline of the case and the witness intend to call to give evidence and summarise briefly the evidence
• Refer magistrates to any points of law which they anticipate may arise during the trial (Turnbull guidelines if the case consists of disputed identification evidence or ss76 and 78 PACE if there is disputes confession evidence)

Question 3

How are the witnesses called in court - MC?

Answer 3

• Prosecutor will call first witness to give evidence
• Unless witness is a child under age of 14, such evidence will be sworn evidence which means the witness will either take an oath or affirmation in which they promise to tell the truth .
• First witness is usually the claimant.
• After this person has given evidence, other prosecution witness and expert witness will be called to testify.
• Each prosecution witness will initially be asked questions by the prosecutor. The defendant’s solicitor will have the opportunity to cross-examine the witness. At the end of the cross examination, prosecure may choose to briefly re-examine the witness.
• Any prosecution witness who is not being called to giv evidence (e.g. given a statement under s9 CJA 1967 to which the defence have not objected, or witnesses whose statements are to be read out as hearsay evidence) will have their statements read out to the court by the prosecutor.
• Summary or full transcript of police interview will be read out to the court, unless defendant’s solicitor objects to this.
• If defendant’s solicitor does object, (eg. if summary does not include points made by the defendant in support of their defence) the audio recording of the interview will be played to the court.

Question 4

During the presentation of their case, prosecutor may seek to place evidence before the court which the defendant’s solicitor considers inadmissable - give examples of when does this usually happen?

Think trial within a trial ‘voir dire’

Answer 4

1) When the prosecution seek to adduce evidence that the defendant made a confession and the defendant seeks to challenge the admissability in the circumstances rendering it unreliable.
2) Prosecution seek to adduce evidence that the defendant was visually identified by a witness following an identification procdure, and the defendant’s solicitor seeks to challenge the admissability of this evidence under s78 PACE on the basis that the identification procedure was not carried out in accordance with the requirements of code D.
3) Prosecution want to adduce evidence of the defendant’s bad character and the defence solicitor challenges the admissability.

If such a situation a trial within a trial ( VOIR DIRE) happens - to determine the relevant admissibility of evidence - e,g, in the case of disputed the confession made in the context of an interview at a police station, police officer who conducted the interview and the defendant are likely to give evidence. After the witnesses have given evidence, the prosecutor and the defendant’s solicitor will make legal submissions as to the admissibility of the disputed evidence.

If magistrates decide that the evidence is inadmissible, prosecutor will not be allowed to make any further reference to such evidence during the course of the trial. If the evidence is ruled to be admissible, it may then be produced by the prosecutor as part of the prosecution case (although the defendant’s solicitor will still be entitlted to attempt to undermine the reliability or congency of such evidence during the trial).

Question 5

What is the difficulty faced on the defendant’s solicitor for a voir dire in the magistrates court?

Answer 5

• Magistrates decide both law and fact
• This means that even if the magistrates decide that a piece of prosecution evidence is inadmssible, the magistrates will still be aware of the existence of that item of evidence.
• This situation will not arise in a crown court trial where the judge will conduct a voir dire in the absence of the jury, who will therefore never hear about any prosecution evidence which the judge rules to be inadmissible.
• The absence of a satisfactory procedure for dealing with question of admissibility of disputes prosecution evidence in a magistrates court trial is one reason why a defendant may elect trial in the crown court when charged with an either-way matter.

As an alternative to holding a separate trial within a trial - the magistrates may sometimes hear the disputed evidence as part of the trial itself and then consider the question of the admissibility of such evidence either when the defendant’s solicitor makes a submission of a no case answer at the conclusion of the prosecution. OR when the defence makes their closing submissions at the end of the trial.

Question 6

How do the magistrates courts deal with the issue of admissibility?

Answer 6

• They hold pre-trial hearings that such evidence is inadmissible
• Many magistrates courts now hold pre-trial hearings to determine admissibility of disputed evidence
• Pre-trial hearings will be held before different bench of magistrates to the bench which ultimately conducts the trial, thus ensuring that the magistrates who actually decide the case need never be aware of items of evidence which are inadmissible.

Question 7

What is a submission of a no case answer?

Answer 7

• The prosecution bears the evidential burden. This burden is to present sufficient evidence to the court to justify a finding of guilt.
• If the prosecutor fails to satisfy this burden, the defendant’s solicitors should make a submission of no case to answer at the conclusion of the prosecution case, asking the magistrates to dismiss the case.

R v Galbraith
A submission of no case answer will be made by the defendant’s solicitor if either
1) the prosecution has failed to put forward evidence to prove an essential element of the alleged offence
2) the evidence produced by the prosecution has been discredited as a result of cross-examination, or is so manifestly unreliable that no reasonable tribunal could safely convict on it.