Order of proceedings

Question 1

What is the order of proceedings

Answer 1

1. Jury empanelment
2. Direction by judge
3. Opening address by P
4. Defence response
5. opening address by D if A intends to give evidence
6. Witnesses called - EIC, XXN and Re-examination
7. Accused is entitled to answer after the close of the prosecution - no case test, call other W or not to give any evidence or call any W
8. Determination of related summary offences

Question 2

What is no case submission?

Answer 2

At the end of the P case, D may submit a “no-case submission” that is where there is no case for the A to answer or the P has failed to prove its case (s 226).
Test for a “no-case” submission  whether the evidence (even if weak or vague) can support a verdict of guilty

Question 3

What is a related summary offence?

Answer 3

when A is committed for trial, any related summary offence the proceedings for which must be transferred from the Magistrates’ Court under s 145
 ‘founded on the same facts or form, or are part of, a series of offences of the same or similar character’.