Syllabus Area 9 Flashcards
Under the BA 1976 s.7 what can be issued if the accused does not attend court?
Bench warrant for the accused arrest
What are the situations which the court may proceed without the accused? Case: Lee Kun
-Accused misbehaviour
-Voluntary absence
-Accused is too ill
-Accused is dead
What should the court consider when there is an absent defendant
Case: Hayward
-Accused has right to be there
-But rights can be waived (voluntary absence/ behaviour)
-Judge decides (but must warn D)
-Only exceptional circumstances do you do it without D
-Must be fair
-Must look at all the circumstances
What can the court do if D is unrepresented?
Can grant an adjournment for them to seek legal aid
Must provide help to D during trial
Must be informed of their right to give evidence
What cant an unrepresented D do?
Cross-examine C, or children or some witnesses (not in the interest of justice)
When can the court stay proceedings for abuse of process
-impossible for the accused to have a fair trial
-it offends the courts sense of justice
Can the counsel use emotive language?
It should be avoided
How long does the other patty have to object to a new written statement
5 Days
what should happen when the defence object to the admissibility o evidence from statements
-D must notify P
-judge decides
What case is the leading authority as to determining whether there is a case to answer
Galbraith
What is the Galbraith test
-If there is no evidence that D committed the offence then there is no case
-If the evidence is such that you cannot convict on it then judge must stop the case
-Where the evidence is based on the reliability of the witness then they should allow it
When does a defence council have an opening speech
When they wish to rely on evidence other than the accused
When is the accused normally called
They are normally called first to stop changing story based on other witnesses PACE s.79
