Criminal Procedure Flashcards
The case is called and appearances are entered.
The prosecutor announces that he or she
appears on behalf of the Crown. The accused’s counsel announces that he or she appears on
behalf of the accused.
The accused is arraigned
The accused is named and the charges in the
indictment are read out. The accused is asked to plead guilty or not guilty. If the accused pleads
not guilty the jury is selected.
The jury is empaneled
The jury is chosen from a panel of jurors whose suitability is scrutinised
during the empanelment process. In criminal cases there are 12 jurors, although up to 15 jurors may be empanelled ‘for any reason that appears to the court to be good and sufficient’. This allows the trial to proceed if jurors become ill or die (a trial can continue if a jury is reduced to 10; any lower, and a retrial must be ordered).
The trial judge usually addresses the jury
The judge provides basic information to help jurors understand points of law and procedure, the trial process and its participants. The judge can also do this at any stage of the trial.
Opening addresses are made
The prosecutor gives an opening address telling the jurors what the case is about, and refers to important witnesses and evidence. The accused’s counsel responds to the prosecutor’s opening address. The accused’s counsel has the right to reply to the opening speech of the prosecutor to outline issues in the trial and indicate briefly the facts, and the inferences which can be made from those facts, that are not contested.
The prosecutor calls the crown witnesses
Each witness is sworn in (this involves the witness swearing an oath, or making an affirmation if the witness does not hold religious beliefs), examined-in-chief (by the prosecutor), cross-examined (by the accused’s counsel) and re- examined (by the prosecutor).
A no case submission can be made
If the accused’s counsel feels that the prosecution has not proved the guilt of the accused, he or she can submit to the court that there is no case to answer. If this is accepted by the court, the charge is dismissed; if not, the case proceeds.
The accused counsel calls witnesses
Each witness is sworn in, examined-in-chief (by the accused’s counsel), cross-examined (by the prosecutor) and re-examined (by the accused’s counsel). The accused can choose to give sworn evidence and be cross-examined, or remain silent.
Requests for particular jury directions may be made
The accused’s counsel and the prosecution are required to highlight any issue in dispute relating to the alleged offence or any defence applicable in the case and ask the judge to give (or not give) a specific jury direction on matters relevant to each of their cases. The judge must give a requested jury direction, unless there is good reason for not doing so.
Closing addresses are made
The prosecutor and the accused’s counsel address the court with closing speeches. The prosecutor addresses the court first. Both counsels explain to the jury the important parts of the evidence that support their case.
The judge sums up and directs the jury
The judge will give the jury information about the burden and the standard of proof, and will review the roles of the jury, judge and legal counsel. The judge decides which issues in dispute (identified by legal counsel) are real issues and explains these issues, and any relevant law, to the jury. The judge is required to give a broad and fair overview of how the prosecution and the accused’s counsel argued their case but is not required to summarise all the evidence. The judge need only explain as much of the evidence as is relevant to the issues in dispute. If the trial judge believes that there is insufficient evidence against the accused for a jury to return a guilty verdict, he or she can direct the jury to acquit the accused. The jury does not have to follow this direction (although in practice the jury does follow it). The judge cannot direct the jury to find a verdict of guilty.
The jury retires to consider the jury
The jurors go into the jury room. They may request copies of various documents to assist them in their deliberations. The jury must:
– discuss all the evidence
– decide on questions of fact; that is, whether they believe the accused is ‘guilty’ or ‘not guilty’
according to the evidence
– apply the law
– reach a verdict.
The jury gives its verdict
If the accused is found not guilty, he or she is free to leave the court, and cannot be tried again for the same offence (double jeopardy rule, although a retrial can take place in limited circumstances).
Pre sentencing
If the accused is found guilty, prior convictions are heard. Before sentencing, a plea for leniency may be made and character witnesses may be called.
Sentencing
The trial judge passes sentence
