Magistrates and Crown Court Trial Procedure

Question 1

Burden and Standard of Proof

Answer 1

● The burden of proof rests with the prosecution throughout a criminal trial.
●The prosecution must prove the defendant’s guilt beyond a reasonable doubt.
● The defendant does not have to prove their innocence.
● To secure an acquittal, the defendant only needs to demonstrate that the prosecution failed to prove its case beyond a reasonable doubt

Question 2

Stages of a Criminal Trial
Magistrates’ Court:

Answer 2

● Opening Speech (Prosecution): Sets the scene, outlines the charges, explains relevant law, states what the prosecution will prove, and reminds the court of the burden and standard of proof.
● Prosecution Evidence: Witnesses are called to testify, beginning with the complainant, followed by other witnesses and experts. Each witness is examined in chief, cross-examined, and may be re-examined. Statements not objected to by the defense are read aloud.
● Arguments on Points of Law: The defense can challenge the admissibility of evidence. Magistrates determine admissibility in a voir dire hearing (“trial within a trial”).
● Submission of No Case to Answer: Defense can make this submission if the prosecution fails to prove an essential element of the offense or if the evidence is unreliable.
● Defense Case: The defendant may testify but is not obliged to do so. Other defense witnesses are called, with the defendant testifying first if they choose to do so.
● Closing Speeches: The prosecution and defense summarize their cases and highlight weaknesses in the opposing side.
● Verdict: Magistrates retire to consider their verdict. They can decide by a majority vote.
● Sentencing/Discharge: If guilty, the defendant is sentenced immediately or the case is adjourned for reports. If acquitted, the defendant is discharged.

Question 3

Stages of a Criminal Trial
Crown Court:

Answer 3

● Jury Empanelment: 12 randomly selected members of the public are sworn in.
● Arraignment: The defendant formally enters a plea. If “not guilty,” the trial proceeds.
● Opening Speech (Prosecution): Explains the charges, outlines the prosecution’s evidence, and addresses the burden and standard of proof.
● Prosecution Evidence: Presented as in Magistrates’ Court. Disputes over admissibility are resolved in voir dire hearings without the jury present.
● Submission of No Case to Answer: If successful, the judge directs the jury to acquit. If unsuccessful, the trial continues.
● Defense Case: Presented as in Magistrates’ Court. If the defendant doesn’t testify, the judge instructs the jury that they may draw an adverse inference.
● Closing Speeches: Prosecution and defense summarize their cases.
● Judge’s Summing Up: Directs the jury on the law, summarizes the evidence, and instructs them to retire and deliberate.
● Jury Deliberation and Verdict: The jury must try to reach a unanimous verdict. A majority verdict is accepted in some situations.
● Sentencing/Discharge: As in Magistrates’ Court, with the judge deciding on the sentence.

Question 4

Competence and Compellability of Witnesses

Answer 4

General Rule: All persons are presumed competent and compellable to give evidence.

Exceptions to Competence: A person is not competent if they can’t understand questions or provide understandable answers. This may apply to children or those with intellectual disabilities

Question 5

Exceptions to Compellability:

Answer 5

○ The Accused: Not competent for the prosecution unless certain conditions are met, such as the accused pleading guilty. Competent but not compellable for a co-accused. Competent but not compellable in their own defense.
○ Spouse of the Accused: Compellable for the prosecution only in limited cases, such as offenses involving assault on the spouse or a person under 16, or sexual offenses against a person under 16. Compellable for the defense.

Question 6

Special Measures for Vulnerable Witnesses. Eligibility: Available to witnesses (excluding the defendant) who may face difficulties or distress when giving evidence.

Answer 6

Includes:
○ Children under 18
○ Individuals with mental or physical disorders
○ Those fearful or distressed about giving evidence
○ Complainants in sexual offenses
○ Witnesses in specified gun and knife crimes

Question 7

Types of Measures:

Answer 7

○ Screens to shield the witness from the defendant’s view
○ Giving evidence via live television link
○ Clearing the courtroom (giving evidence in private)
○ Removing wigs and gowns in Crown Court
○ Pre-recording examination-in-chief and cross-examination
○ Providing intermediaries (interpreters, speech therapists)
○ Allowing communication aids