Jury Trial

Question 1

What are the rules aorund presence of the accused at jury trial?

Answer 1

generally must be present throughout trial
present means physical and interpreted if needed
can only proceed in absence if satisfied that right to attend has been waived and trial will still be fair
judge should not deal with matters in absence of counsel for the D

Question 2

what exceptions exist for rule that accused should be present

Answer 2

misbehaviour
absence voluntary
too ill to attend
death

Question 3

how must judge ensure fair trial in rare circs that it proceeds in absence

Answer 3

highlight weaknesses of P case, make points on behalf of the accused, and inform jury that absence is not an admission of guilt

Question 4

what are haywards guidelines on proceeding in absence

Answer 4

do not consider seriousness of offence
even if voluntarily absconded, generally desirable that accused is represented - proceed with great caution

Question 5

what amounts to misbehaviour?

Answer 5

shouting out in dock or seeking to intimidate witnesses or jurors making it impracticable for hearing to continue

Question 6

what happens when an accused is too ill to attend

Answer 6

may NOT proceed without consent or if case can be fairly presented
exceptions - can proceed for co-accused, vountary ingestion of drugs causing illness, counsel can continue effectively with written instruction

Question 7

how should unrepresented Ds be supported

Answer 7

court to give approp assistance
where dismissed/withdrawn counsel/sols and entitled to LA adjourn to allow instruction

Question 8

what must court do at close of pros case

Answer 8

inform D that time has come at which they may give/call evidence and consequences of not doing so (must advise if unrepresented)

Question 9

what restrictions are placed on an unrepresented accused

Answer 9

cannot XX Complainant or child witness
advocate can be appointed to do this for them in certain circs

Question 10

in what 2 circs can court stay a case for an abuse of process

Answer 10

impossible to give the accused fair trial
offends courts’ sense of justice/integrity of CJS
e.g unfair to proceed in cases of bad faith, unlawfulness or misconduct

Question 11

what should be contained in the prosecution opening speech

Answer 11

issues in case, outline evidence
should not be emotive
submissions as to law only insofar as necessary - matter for judge in summing up

Question 12

what is procedure for admitting statements under s9 CJA 1967?

Answer 12

serve on all parties, if objection withing 5 business day =s then cannot be read out in court
if D fail to object then court can require attendance for XX
where objected to court can exercise discretion to allow

Question 13

what facts can be presented pursuant to s10 CJA 1967

Answer 13

facts agreed between all parties

Question 14

what is the test in R V Galbraith

Answer 14

1 - if no evidence crime allege has been committed - judge will stop the case
2 - if evidence is tenuous must consider either
2a - judge concludes that taken at its’ highest, no jury properly directed could convict on one/all counts then should stop case
2b if judge concludes that weakness is for jury to decide and one possible reading of facts is that there is enough evidence, must be tried by jury

Question 15

when can defence have an opening speech

Answer 15

where calling evidence of fact other than that of the accused and legal rep

Question 16

what order should defence present witnesses in?

Answer 16

usually accused goes first
character references MUST come after
psych evidence immediately after accused/pros case

Question 17

who decides whether accsed will give evidence

Answer 17

the Defendant acting on advice from legal rep (usually with signed declaration to such effect)

Question 18

when may the court call a witness that neither party has called

Answer 18

where necessary in interests of jsutice - used sparingly

Question 19

what is the purpose of the judge discussing relevant law prior to summing up

Answer 19

allow counsel for both parties to make submissions as to what direction should be given in absence of jury

Question 20

to what extent to counsel have a duty to the court?

Answer 20

they must bring all relevant authorities to the attention of the court as well as noting an y procedural irregularity that may leave space for appeal - even if it goes against them

Question 21

what may prosecution counsel not do in closing speech (where D represented and called no evidence)

Answer 21

emotive language
advance case beyond evidence provided
unjustified comments on D case
quesiton failure of spouse to give evidence
consequences of police officers being disbelieved
abandon or attack own witness

Question 22

what should defence avoid in closing speech

Answer 22

advancing hypotheses beyond evidence
ask for mercy plea
can comment on accused failure to give evidence
can comment on co-accused failure to testify

Question 23

what should summing up directions include

Answer 23

issues of law
- function of jury/judge
-burden and std of proof
-sep consideration of counts and Ds
-ingredients of offence (written route to verdict)
-defences - difficulty of being unrepresented if so
issues of fact
- comment upon evidence - some analysis
- overview of defence case (esp where no evidence given to extract from XX etc)

Question 24

how should jury be directed at end of summing up

Answer 24

should be told to select a foreman
asked to retire to find unanimous verdict (can only enter majority after min of 2hrs 10 mins often/long enough for complexity of case whichever is longer)

Question 25

what is method for jury to sk questions of judge once retired

Answer 25

note to jury bailiff who will take it to judge (dated and timed)
judge then calls legal reps and shares note
then calls jury in to court to answer

Question 26

what majority combinations are acceptable

Answer 26

12 - 10-2, 11-1
11 - 10-1
10 - 9-1
9 not majority allowed - smallest poss jury size
if verdict is G - foreman must cite what ratio was

Question 27

when may jury find accused guilty of lesser offenceq

Answer 27

where upon facts another offence which is expressly or implied included within charge before them (not murder)
charge normally an alt on the indictmentha

Question 28

what verdicts can a jury return

Answer 28

guilty
not guilty
to each charge, to partial counts on one indictment, against 1 and not other accused etc