topic 3

Question 1

Overview of criminal procedure

Answer 1

• Entry of judge; introduction of barristers; accused enters and plea to charges
• Opening addresses
  by prosecution then defence
• Prosecution calls each of its witnesses
  1. Examination in chief
  2. Cross- examination
  3. Re-examination

Defence calls each of its witnesses
1. Examination in chief
2. Cross- examination
3. Re-examination

• Closing submissions by prosecution then
  defence

Judge ‘charges’ the jury
(gives jury their instructions)

Jury returns with verdict

Question 2

overview of pre-trial procedure

Answer 2

1. Initial investigation, arrest, charging of accused
2. Further investigation, collection of evidence
3. Committal, plea
4. Trial

Question 3

arrest,

Answer 3

By legal authority and take someone into custody.

Question 4

charge

Answer 4

To formally accuse someone of committing a crime

Question 5

evidance

Answer 5

any physical or verbal evidence that is presented in order to prove that a crime was committed or not committed.

Question 6

commital hearing

Answer 6

The purpose of a committal hearing is to find out if there is enough evidence to put the accused person on trial with a judge and jury.

Question 7

where does the commital hearing occur?

Answer 7

the Magistrates’ Court

Question 8

role of the judge

Answer 8

Their role is to interpret the law, assess the evidence and control how hearings and trials are conducted.

Question 9

examination in chief,

Answer 9

Examination-in-chief involves a witness being asked questions by the party that has called them.

Question 10

cross-examination,

Answer 10

the formal interrogation of a witness called by the other party

Question 11

re-examination

Answer 11

occurs when the party that called a witness wishes to ask them further questions after they have been subjected to cross-examination.

Question 12

hearsay

Answer 12

Hearsay is an out-of-court statement, where an individual is not under oath and therefor it is inadmissable in trial as it may not be true fact.

Question 13

improperly obtained

Answer 13

the police should not be able to threaten people to make them confess to crimes
people should know their rights before they answer any questions
police should only conduct searches in accordance with the law

Question 14

irrelevant evidance

Answer 14

Information that is not material to the matters or facts in the case

Question 15

Evidence requiring expertise from a non-expert witness

Answer 15

One restriction is that regular people (people without specialist knowledge or training) should not be asked questions requiring specialist training or knowledge to answer

Question 16

Role of jury in a criminal trial,

Answer 16

Reach a verdict
Listen to all of the evidence
Never talk about jury deliberations

Question 17

Never talk about jury deliberations

Answer 17

• Juries do not have to give reasons for their decisions
• After case, jurors can never talk about what happened in the jury room

Question 18

Listen to all of the evidence

Answer 18

• Try to concentrate
• Ask judge to clarify things when needed
• Listen to directions and summing up by judge
• Not undertake their own investigations

Question 19

reach a verdict

Answer 19

• For only the most serious offences, needs to be unanimous (12/12)
• For most others, majority verdict (11/12) is ok
• Must be convinced beyond reasonable doubt