topic 3 Flashcards
Pre-trial procedure
1.
Investigation
and charging
of accused
- Collection
of evidence
and plea - Committal
- Trial
pleas at any time
collection of evidence step 2
In order to prepare for the trial, police will collect evidence relating to the crime
This evidence can take many different forms
statements by witnesses
fingerprints and DNA
video footage
images
statements by others
-once evidence is collected and shared with the prosecution and accused
- if the accused pleads guilty there is no trial
-if pleads not guilty goes to a committal hearing
committal step 3
-The committal is held at the Magistrates Court
-To decide if there enough evidence to justify holding a full trial before a
jury in the County Court or Supreme Court
-Make sure that the accused gets a fair trial – they see the evidence
collected against them at the committal hearing.
-To find out whether the accused wishes to plead guilty/not guilty. An early
guilty plea leads to discounted sentence, saves time and money.
arrest charge step 1
A crime is
committed
Police
attend the
scene
Police
gather
evidence
Police
charge the
accused,
gather
more
evidence
trial procedure
Entry of
judge;
introduction
of
barristers;
accused’s
plea to
charges
Opening
addresses
by
prosecution
and
defence
Prosecution
calls each of its
witnesses
3 stages of
questioning –
- Examination
in chief
2.
Cross-examinati
on
3.
Re-examination
Defence calls
each of its
witnesses
3 stages of
questioning –
- Examination
in chief
2.
Cross-examinat
ion
3.
Re-examinatio
n
Closing
submissions
by
prosecution;
defence
Closing
submissions
by
prosecution;
opening
address by
defence
Judge
‘charges’
the jury
(judge gives
jury their
instructions)
Jury
retires,
deliberates
and returns
with
verdict
role of judge in criminal trial
ensuring that the trial is conducted fairly and according to the law
examination in chief
This is the initial questioning of a witness by the party who called them to testify (either the prosecution or defense).
cross examination
This is the questioning of a witness by the opposing party, following the examination-in-chief.
re-examination
This is the follow-up questioning of a witness by the party who conducted the examination-in-chief, after cross-examination has been completed.
irrelevant evidence
Stuff that is not relevant or material to the matters in dispute in the
trial cannot be admitted in evidence
-may distract the judge
Hearsay evidence
Evidence of a statement made out of court which is introduced to prove the truth of a
fact asserted in the statement
-A said to B ”C stole a book” – B cannot be asked about what A said in order to
prove that C really did steal the book
-could of lied or misheard
Improperly obtained evidence
-The police have certain powers in relation to the gathering of
evidence
-In order to ensure fairness and justice are achieved, we do not want
those powers abused
-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
when juries are needed
whenever
someone pleads not guilty to a serious indictable offence, the trial will be
heard by a judge and jury
what juries look like
12 peeps
Randomly selected from the electoral roll – this is the list of
everyone aged 18 and above who has registered to vote. You have to
enrol on the electoral roll
what juries need to do
The jury has to reach a unanimous verdict (12/12 agree) for only the
most serious crimes – 11/12 (majority verdict) is enough for less
serious ones
