Jury Trial Procedure

Question 1

Judge only trials can occur where

Answer 1

1. There is a real danger of jury tampering, or

2. fraud cases where it is in the interests of justice.

Question 2

When the CC should proceed in the absence of the D

Answer 2

Having considered all the circumstances, including:

1. The nature and circumstances of his absence e.g. voluntary
2. wanted or waived representation.
3. Extent of disadvantage to D
4. Public interest in the trial taking place in reasonable time
5. The effects of delay on witness memory.

Question 3

When a case will be stayed as an abuse of process in the CC

Answer 3

Impossible to give D a fair trial OR offends the courts sense of justice and propriety.

Question 4

People who cannot serve on a jury

Answer 4

1. The mentally ill,
2. Those disqualified by:

(a) being on bail,
(b) had a custodial sentence of 5 years of more
(c) had a custodial/suspended/community sentence in the last 10 years.

Question 5

When a juror should stand down

Answer 5

When an “impartial observer would conclude that the juror has an appearance of bias”.

Question 6

The entire jury can be discharged if

Answer 6

(a) it hears inadmissible/prejudical evidence and there is a a “real possibility of injustice”.
(b) it cannot reach a verdict,
(c) a discharged juror may have contaminated the rest.

Question 7

P must call the witnesses named in the committal/sending bundle unless

Answer 7

(a) D agrees to the witness statement being read out
(b) the witness is no longer credible in P’s view, or
(c) It makes sense for D to call the witness.

Question 8

A witness statement may be read out where

Answer 8

(a) the evidence is not disputed and the D has consented,
(b) a successful hearsay application,
(c) formal admission of any fact not in dispute.

Question 9

Submissions of no case to answer in the CC (Galbraith)

Answer 9

(a) there is no evidence that D committed the offence, or

(b) the evidence taken at its highest is such that no reasonable jury properly directed could properly convict.

Question 10

D may make an opening speech if

Answer 10

He is calling witnesses of fact other than himself.

Question 11

P may only make a closing speech if

Answer 11

D is calling witnesses of fact other than himself.

Question 12

If the jury has to separate before verdict the judge should direct…

Answer 12

(a) must not make its decision based on anything outside the court,
(b) must not discuss the case with anyone else or outside the jury room.

Question 13

The judge may put express/implied alliterative counts to the jury considering…

Answer 13

1. Whether there is a sensible basis on which the jury may convict D for the more serious offence,
2. If the alternative will confuse the jury or complicate proceedings,
3. If the alleged criminality of D is greater than the alternative.

Question 14

If the jury fail to reach a verdict, P may apply for a retail, which the court may grant if…

Answer 14

It is in the interests of justice.

Question 15

P can challenge a juror by…

Answer 15

Standby (not suitable for the trial)

Question 16

Both parties can challenge a juror by

Answer 16

Challenge for cause (bias)

Question 17

P’s opening speech will normally…

Answer 17

1. Overview P’s case,
2. Outline witnesses to be called,
3. Explain charges,
4. Outline issues,
5. Explain burden of proof.

Question 18

A judge must sum up. This will usually contain:

Answer 18

1. The function of the judge and jury
2. Burden and standard of proof
3. Law and evidence
4. Only unanimous verdict allowed.

Question 19

Having retired the jury may ask questions of the judge if…

Answer 19

They are connected with the trial

Question 20

Having been asked a question by a retired jury, the judge should

Answer 20

1. State the question in open court
2. Invite submissions
3. Call the jury to have their question answered in open court.