T9 - Summary for Jury Trial

Question 1

What must have happened for a Crown Court trial to proceed?

Answer 1

The defendant must have pleaded not guilty at the Plea and Trial Preparation Hearing (PTPH).

If there is no change in plea, the case proceeds to trial.

Question 2

When is the trial date usually set in the Crown Court process?

Answer 2

The trial date is set after the not guilty plea is entered at the PTPH.

Question 3

Are all issues with the indictment resolved by the trial date?

Answer 3

Most issues with the indictment are usually resolved at the PTPH, but it is not uncommon for amendments to be made even close to trial.

Question 4

Proceeding in the absence of the Accused

What is the general rule regarding the presence of the accused during trial?

Answer 4

The accused must be present throughout the trial — this is almost invariable practice.

Question 5

In what situations may the court proceed in the absence of the accused?

Answer 5

Only in exceptional cases, such as:

1. The accused is unruly, making it impracticable to continue.
2. The accused has voluntarily absconded.
3. The accused is too ill to attend.
4. The accused has died.

Question 6

What is the primary consideration when deciding to proceed without the accused?

Answer 6

Fairness to the accused, though fairness to the prosecution is also a factor.

Question 7

What factors will the court consider when deciding to proceed without the accused?

Answer 7

1) Reason for the absence

2) Whether an adjournment might help

3) Whether the accused is represented

4) Interests of witnesses and co-accused

Question 8

Does the seriousness of the offence affect the decision to proceed in absence?

Answer 8

No — seriousness should not affect the decision.

Question 9

If the defendant has absconded, should the trial continue without representation?

Answer 9

Only if it’s unavoidable. Even if the defendant absconds voluntarily, they should still be represented.

Proceeding without representation should only occur if its unavoidable

Question 10

What assistance is given to a defendant who is not legally represented?

Answer 10

The court will provide such assistance as seems appropriate.

Question 11

What should the court do if the defendant dismisses their legal representatives but is still entitled to representation?

Answer 11

The court should grant an adjournment to allow the defendant to instruct fresh lawyers.

Question 12

What must the court advise an unrepresented defendant about their own testimony?

Answer 12

The court must advise the defendant of the possible inference that may be drawn if they do not give evidence on their own behalf (per s35 CJPOA 1994).

Question 13

Can unrepresented defendants cross-examine complainants or child witnesses in all cases?

Answer 13

No — they are prohibited from cross-examining:

1. Complainants or child witnesses in certain cases (e.g., sexual offences)
2. The court may also prohibit it in other cases.

Question 14

What happens if an unrepresented defendant is prohibited from cross-examining a witness?

Answer 14

The court may appoint a representative to conduct the cross-examination on behalf of the defendant

Question 15

Abuse of process

What can the court do if proceedings amount to an abuse of process?

Answer 15

The court may order that an indictment is stayed.

Question 16

What are the two main grounds for staying an indictment due to abuse of process?

Answer 16

1. It is impossible for the accused to have a fair trial, or
2. A stay is necessary to protect the integrity of the criminal justice system because it would be unfair to try the accused.

Question 16

Sequence of Jury Trial

Answer 16

1. Jury selection
2. Defendant put into the charge of the jury
3. Prosecution opening speech (Defence are often invited to address jury briefly to help identify the issues)

4.Prosecution evidence
5. Prosecution closes its case (not a speech, the prosecution merely states that that is the case for the prosecution)
6. Submission of no case to answer (if appropriate)

7. Defence opening speech (defence counsel very rarely makes an opening speech)
8. Defence evidence (if the defendant is going to give evidence, he must go first)
9. Defence close their case (by stating that that is the case for the defendant)
10. Prosecution evidence in rebuttal (there are strict rules about when the prosecution can call further evidence and it occurs rarely)
11. Points of law discussed in absence of jury.
    If there is a split summing-up (see below) then the Judge will sum up on the law at this point.
12. Prosecution closing speech
13. Defence closing speech (defence must always have the last speech)
14. Judge sums up case for the jury (but see below for the possibility of a “split” summing-up). If there is a split summing up the Judge will sum up the facts of the case at this point.
15. Jury sent out to consider their verdict
16. Majority direction [only if one becomes necessary and the prescribed time has passed].
17. Verdict

( IF 9 OR BELOW NEED RETRIAL)

Question 16

What should prosecuting counsel include in their opening speech?

Answer 16

1) Introduce defence counsel

2) Explain standard and burden of proof

3) Clarify that the speech is not evidence

4) Explain the indictment

5) Optionally invite defence to briefly address the jury to help identify issues

Question 17

What does the prosecution case consist of after the opening speech?

Answer 17

1) Witnesses giving oral evidence

2) Agreed statements read under s9 CJA 1967

3) Exhibits

4) Written admissions read under s10 CJA 1967 (non-controversial evidence)

Question 18

What does the second ground (protecting integrity) typically involve?

Answer 18

It usually involves bad faith or misconduct by investigators or prosecutors.

Question 19

The P case

What is the purpose of the prosecution opening speech?

Answer 19

To tell the jury what the prosecution case is—what happened during the incident and what is in dispute.

Question 20

What is the sequence of questioning during prosecution evidence?

Answer 20

1. Prosecution begins with examination-in-chief
2. Defence follows with cross-examination

Question 21

How is the prosecution case formally closed?

Answer 21

Prosecution counsel informs the judge that the case is closed.

Question 22

Submission of No case to Answer

When is a submission of no case to answer normally made?

Answer 22

At the end of the prosecution case.

Question 23

What legal test is applied for a submission of no case to answer?

Answer 23

The Galbraith test.

Question 24

What does the Galbraith test ask the judge to consider?

Answer 24

Whether, on the prosecution’s evidence taken at its highest, no jury properly directed could convict.

Question 25

What happens if the judge is satisfied under the Galbraith test?

Answer 25

The case is withdrawn from the jury and a Not Guilty verdict is entered.

Question 26

Defence Case Does the defence have a right to an opening speech?

Answer 26

Yes, but it's usually only made in complicated cases to help clarify the defence case and evidence for the jury.

Question 27

How is the order of presenting defence evidence decided when there is more than one defendant?

Answer 27

According to the order of names on the indictment.

Question 28

Who must give evidence first if the defendant is to testify?

Answer 28

The defendant himself must give evidence first, followed by other defence witnesses in a logical order.

Question 29

What is the order of examination for a defence witness?

Answer 29

1. Examination-in-chief by defence counsel who calls the witness. 2. Cross-examination by other defence counsel. 3. Cross-examination by the prosecution.

Question 30

When is the defence case closed?

Answer 30

Once all defence evidence has been presented.

Question 31

Points of Law What should counsel do if a point of law arises during trial?

Answer 31

They should ask the jury to leave the court so the issue can be resolved without risk of prejudice.

Question 32

When can points of law arise in a trial?

Answer 32

At any point during the trial.

Question 33

When is it usual for counsel to discuss points of law with the judge?

Answer 33

At the conclusion of evidence, before closing speeches.

Question 34

Why is it important to resolve legal disputes before speeches?

Answer 34

1. To ensure any disputed law is identified beforehand. 2. So both counsel understand the judge’s approach to be taken in the summing up. 3. To avoid misleading the jury during closing speeches.

Question 35

Closing Speech When is the prosecution restricted from making a closing speech?

Answer 35

When the defendant is unrepresented.

Question 36

What is the purpose of the prosecution’s closing speech?

Answer 36

To explain to the jury why they should convict the defendant.

Question 37

Why should a defence advocate always make a closing speech?

Answer 37

Highlight favourable evidence, Explain away damaging evidence, and Emphasise reasonable doubt in favour of the defendant.

Question 38

Who delivers the final speech before the judge sums up?

Answer 38

The defence counsel – they always go second and have the last word before the judge’s summing-up.

Question 39

What are the roles of the judge and jury as explained in the summing up?

Answer 39

The judge decides the law; the jury decides the facts.

Question 40

What key legal direction must the judge give regarding proof?

Answer 40

The standard and burden of proof.

Question 41

What must the judge explain about the offences charged?

Answer 41

The legal elements of each offence on the indictment.

Question 42

What must the judge include when reminding the jury of the evidence?

Answer 42

A balanced summary reflecting both prosecution and defence cases.

Question 43

What instruction must the judge give regarding verdicts?

Answer 43

The jury must reach a unanimous verdict.

Question 44

What are examples of case-specific issues the judge may need to address in the summing up?

Answer 44

Identification Self-defence Adverse inferences Character Alibi Evidence requiring caution Confession evidence Separate treatment of counts

Question 45

What is meant by a “split summing up”?

Answer 45

The judge sums up the law before closing speeches and the facts after closing speeches.

Question 46

What written document may the judge provide to the jury during summing up?

Answer 46

A “Route to Verdict”, which sets out the questions the jury must answer to reach a verdict.

Question 47

What is a “Route to Verdict”?

Answer 47

A written document provided by the judge to help the jury structure their deliberations by answering key legal and factual questions.

Question 48

Who creates the Route to Verdict?

Answer 48

The judge, typically during summing up in the Crown Court.

Question 49

When is the Route to Verdict given to the jury?

Answer 49

Usually during or after the summing up of the law and facts by the judge.

Question 50

What is the main purpose of the Route to Verdict?

Answer 50

To guide the jury through a logical sequence of questions they must answer to decide guilt or innocence.

Question 51

What kind of questions appear in a Route to Verdict?

Answer 51

Questions based on the legal elements of the offence, e.g.: Did D do X? If yes, did they have the required intent? If yes, is there a defence (e.g., self-defence)?

Question 52

Is it considered good practice to use a Route to Verdict?

Answer 52

Yes – it is now common and encouraged as a method of aiding jury clarity and accuracy.

Question 53

Does the Route to Verdict affect the jury’s independence?

Answer 53

No – it supports, not replaces, their role. They are still the sole judges of fact.

Question 54

Conviction for lesser offences Can juries return alternative verdicts in the Crown Court?

Answer 54

Yes – unlike the magistrates’ court, juries in the Crown Court can sometimes return a Guilty verdict for a lesser offence even if it is not included on the indictment.

Question 55

What is the preferred practice regarding alternative offences?

Answer 55

It's generally better practice to include a lesser alternative offence as a separate count on the indictment for clarity and structure.

Question 56

Why is including an alternative count on the indictment preferred?

Answer 56

Because it provides clear guidance to the jury and avoids confusion – this is often the preferred approach by judges.

Question 57

When can the jury find the defendant guilty of an offence not on the indictment?

Answer 57

When the definition of the greater offence necessarily includes the lesser offence either expressly or impliedly.

Question 58

Must the alternative verdict be left to the jury by the judge?

Answer 58

Yes, if the evidence raises the possibility that the defendant could be guilty of the lesser offence, the judge ought to leave it to the jury, even if counsel does not request it.

Question 59

What happens if the jury returns a Not Guilty verdict to the main offence?

Answer 59

They may still return a Guilty verdict on a lesser alternative offence, where appropriate.

Question 60

Hung Juries What is a “hung” jury?

Answer 60

A hung jury is one that cannot reach a verdict, either unanimously or by the required majority, despite being given sufficient time. DECISION HAS TO BE UNANIMOUS

Question 61

What does the judge do if the jury is hung?

Answer 61

The judge must discharge the jury from giving a verdict. The trial ends without a verdict being reached

Question 62

Can the defendant be retried after a hung jury?

Answer 62

Yes, the defendant may be retried before a fresh jury after a hung jury.

Question 63

What usually happens after a second hung jury?

Answer 63

The CPS will typically offer no evidence, and a Not Guilty verdict will be entered.

Question 64

Is a retrial automatic after a hung jury?

Answer 64

Not automatic, but it’s common after the first hung jury. The decision to retry usually depends on the seriousness of the offence and public interest.

Question 65

Q: What happens after a defendant is convicted?

Answer 65

The court will either sentence immediately or adjourn the case for the preparation of pre-sentence reports or other relevant reports.

Question 66

What happens to bail after conviction if the case is adjourned?

Answer 66

The presumption in favour of bail still applies, but the seriousness of the offence and the likely sentence will be considered by the judge.

Question 67

What is the exception to bail after conviction?

Answer 67

The court may refuse bail if it believes that it's impracticable to complete enquiries or prepare reports without remanding the defendant in custody.

Question 68

What happens after a defendant is acquitted?

Answer 68

The case is dismissed, and the defendant is free to leave.

Question 69

Can acquitted defendants recover legal costs?

Answer 69

Yes. An application may be made for costs to be paid from central funds, particularly where the defendant was legally aided or incurred private legal costs.

Question 70

When might an acquitted defendant be refused costs?

Answer 70

If the defendant has brought suspicion on himself or misled the prosecution about the strength of the evidence, costs may be refused.