The crown court and pre-trial issues

Question 1

What is an indictment?

Answer 1

the formal document containing a list of the charges against the accused to which he pleads either guilty or not guilty

Question 2

Which court are indictments used in?

Answer 2

the crown court

Question 3

How many indictments may a jury try at one time?

Answer 3

One

Question 4

what may an indictment contain?

Answer 4

A number of counts

Question 5

What are alternative counts?

Answer 5

things that say s18 GBH can be substituted for s20 GBH etc.

Question 6

Can alternative counts be contained in an indictment?

Answer 6

Yes.

Question 7

How many offences will generally be contained in a count

Answer 7

one

Question 8

what must each count contain?

Answer 8

a statement of the offence and particulars

Question 9

what are particulars?

Answer 9

what occurred in the case

Question 10

How many indictments are there per trial

Answer 10

one

Question 11

What does duplicity mean?

Answer 11

more than one offence in a count

Question 12

What did Lord Morris say in DPP v Merriman?

Answer 12

it will often be legitimate to bring a single charge in respect of what might be called one activity even though the activity may involve more than one act

Question 13

give an example regarding what Lord Morris said in DPP v Merriman

Answer 13

for example, stabbing a person five times may be charged as one count rather than five because it is the same activity but more than one act

Question 14

What is a joinder of counts?

Answer 14

When an indictment contains more than one count.

Question 15

Why is it not fair for every offence committed to be on the same indictment?

Answer 15

It may make the jury prejudiced if everything is put on the same trial

Question 16

Give an example of where an offence would be contemporaneous

Answer 16

A person gets into a bar fight with multiple people, all counts of violence would be contemporaneous

Question 17

Give an example of where an offence would have a common factual origin

Answer 17

where a person steals a credit card and spends money on it at several different places then that stems from the common factual origin that they stole a credit card

Question 18

Give an example of where an offence would be of the same character

Answer 18

where a person commits several burglary offences all on residential premises, all in a certain area and money was taken. there is a nexus which connects all of the offences.

Question 19

when can an indictment contain more than one count?

Answer 19

where the offences are founded on that same facts or are a series of the same or similar character.

Question 20

When are offences founded on the same facts?

Answer 20

Where the offences are contemporaneous

where the offences are of common factual origin

Question 21

what does it mean for the offences to have a common factual origin?

Answer 21

the later offences would not have occurred but for the earlier offence.

Question 22

What does it mean for offences to be of the same or similar character?

Answer 22

they have the same legal or factual characteristics or have a nexus

Question 23

define a nexus

Answer 23

a feature of similarity which enables the offences to be described as a series

Question 24

Can an indictment/count relate to more than one offender?

Answer 24

yes in certain circumstances

Question 25

In which two ways can defendants be joined?

Answer 25

In the same count or same indictment

Question 26

When can parties be joined on the same count

Answer 26

where they are parties to the same offence

Question 27

Give an example of when people are parties to the same offence

Answer 27

A and B submit a false mortgage application, they can be jointly charged with fraud by false representation

Question 28

When can parties be joined in the same indictment?

Answer 28

where the offences separately alleged against the accused are, on the evidence, so closely related by time or other factors that the interests of justice are best served by a single trial

Question 29

Which case set out where parties can be joined in the same indictment?

Answer 29

Assim [1996]

Question 30

What is the difference judgement wise between joinder of defendants by count and indictment

Answer 30

with joint count, the jury will deliver one verdict for both people.

with joint indictment, their counts will be judged separately but they will share the same trial.

Question 31

What is an ambiguous/equivocal plea?

Answer 31

for example where someone says ‘ guilty but i only acted in self-defence

Question 32

Are ambiguous pleas valid?

Answer 32

No

Question 33

When will someone be unfit to plead?

Answer 33

They will be unfit if they are not of sufficient intellect to comprehend the course of proceedings so as to make a proper defence

Question 34

which case sets out when someone will be unfit to plead?

Answer 34

R v Pritchard (1836)

Question 35

Who can raise the issue of fitness to plead?

Answer 35

either the prosecution or the defence.

Question 36

If the prosecution raises the issue of fitness to plea who has the burden of proof and what is the standard?

Answer 36

The burden is on the prosecution and the standard is the criminal standard (they are fit beyond reasonable doubt)

Question 37

If the defence raises the issue of fitness to plea who has the burden of proof and what is the standard?

Answer 37

The burden is on the defence to prove they are unfit on the balance of probabilities

Question 38

Who decides whether the defendant is fit to plead?

Answer 38

The judge

Question 39

Which case determines that the judge decides who is fit to plea?

Answer 39

Pritchard

Question 40

Which experts give evidence regarding D’s fitness to plead?

Answer 40

At least two registered medical practitioners

Question 41

Which case sets out the procedure for determining fitness to plead?

Answer 41

R v M (John) [2003]

Question 42

The accused will be found unfit to plead if one of 6 things were beyond his capability. what are they?

Answer 42

1) understanding the charge(s)
2) deciding whether to plead guilty or not
3) exercising his right to challenge jurors
4) instructing solicitors/advocates
5) following the course of proceedings
6) giving evidence in his or her own defence

Question 43

What happens if the judge decides the accused is fit to plead?

Answer 43

The case will proceed in the normal way

Question 44

Which statutory provision sets out what happens if the defendant is found unfit to plead?

Answer 44

S4a Criminal Procedure (insanity) Act 1964

Question 45

What kind of trial occurs if the person is deemed unfit to plead?

Answer 45

there must be a ‘trial of the facts’

Question 46

what is a trial of the facts?

Answer 46

a trial of the actus reus only, the question is whether the person has committed the actus reus or not

Question 47

What are the three disposal options after a trial of fact?

Answer 47

hospital order
supervision and treatment order
absolute discharge order

Question 48

What does double jeopardy mean?

Answer 48

D may not be tried for a crime if he had previously been acquitted or convicted of

Question 49

What does autrefois convict?

Answer 49

I’ve already been punished for this offence

Question 50

What does autrefois acquit mean?

Answer 50

I’ve already been tried and acquitted for this offence.