Jury Trial

Question 1

What is a voir dire?

Answer 1

A trial within a trial, a hearing of admissible evidence.

Question 2

Crown is offering no evidence

Answer 2

NOT GUILTY. If jury sworn in then they’re directed to return not guilty. If not then judge will do it.

Question 3

s17 Criminal Justice Act

Answer 3

If the jury has not been sworn, the judge will enter the not guilty verdict

Question 4

s9 Criminal Justice Act

Answer 4

Statement can be read to the Court when the contents arent disputed

Question 5

CPR 25.7

Answer 5

Scope to discharge juries. Inadmissible evidence MAY lead a judge to discharge.

Question 6

s 35 Criminal Justice Public Order Act

Answer 6

Defendant doesnt have to give evidence but adverse inference may be drawn

Question 7

When can adverse inferences be drawn?

Answer 7

s34, 36, 37 Criminal Justice Public Order Act

1. Where the defendant relies upon a fact in his defence that he failed to mention in police interview being one that he could reasonably have been expected to mention.
2. Failure to account for objects
3. Failure to account for marks on clothing
4. Failure to account for being somewhere.

Question 8

Murray (John) v UK (1996)

Answer 8

S34(2)(a) Criminal Justice Public Order Act added to bring domestic law in line with Murray, adverse inferences cannot be drawn when the accused has not been offered legal advice.