Topic 7- Trials- CC

Question 1

Will the Crown Court proceed in an accused’s absence?

Answer 1

Very rarely, there are only a few exceptional circumstances where they will proceed

Question 2

What are the exceptions for the court to proceed in the absence of the accused?

Answer 2

Misbehaviour of the accused

Voluntary absence

Accused is too ill to attend

Death of the accused

Question 3

What circumstances must the judge look at when deciding whether to proceed in the accused’s absence?

Answer 3

Nature and circumstances of the accused’s behaviour

Likely length of an adjournment

Extent of accused’s legal representatives at trial

Question 4

What ECHR article should be complied with when deciding whether to proceed in the absence of an accused?

Answer 4

Article 6, right to fair trial

Question 5

What two reservations were given by Lord Bingham in deciding whether an accused should be present?

Answer 5

The seriousness of the offence should not be considered

It is generally desirable that the accused be represented

Question 6

What will the judge do if an accused misbehaves in the dock?

Answer 6

The judge may order the accused be removed and the trial proceeds

Question 7

If an accused takes voluntary absence from trial, what will the judge do?

Answer 7

They have a discretion on whether to complete the trial in the accused’s absence

Question 8

If an accused is sick, what will the court do in his absence?

Answer 8

The trial may not continue, unless the accused consents

The court may also try to obtain evidence of the illness

Question 9

What will the court do where there has been an abuse of process in jury trial?

Answer 9

The court may order a stay, which is likely not to be lifted

Question 10

What are the two categories of abuse of process?

Answer 10

Where it is impossible to give the accused a fair trial

Where it would be unfair for the accused to be tried

Question 11

What language should the prosecution avoid using?

Answer 11

Emotive language

That may be liable to prejudice the jury against the accused

Question 12

What is the first stage of a jury trial?

Answer 12

The prosecution’s opening speech, where they identify the issues and outline the evidence

Question 13

Where the prosecution wishes to adduce written statements, what must they do?

Answer 13

They must serve a copy on each of the parties

Question 14

How does a party stop a written statement from going into evidence?

Answer 14

They must serve a notice within 5 business days

Question 15

When are written statements admissible at trial?

Answer 15

Only if all the parties agree

Question 16

What is the procedure for the defence objecting to the admissibility of prosecution evidence?

Answer 16

They should notify the prosecution of their objection

A voir dire may then be held

Question 17

What is a voir dire?

Answer 17

This is a hearing where the admissibility of disputed evidence is tested

The witnesses must testify under oath

Question 18

Does the defence have the right to an opening speech at the start of their defence?

Answer 18

Yes, if they intend to call evidence

Question 19

Is the defence obliged to call evidence?

Answer 19

No, only the prosecution is obliged to call evidence

Question 20

Who is usually called first by the defence?

Answer 20

The accused

Question 21

Why is the accused usually called before any other witnesses?

Answer 21

To keep the witness out of court until they testify

This stops the accused from adjusting their evidence in accordance with the witnesses

Question 22

If an accused is not represented, what will the court do?

Answer 22

They will seek to give the accused assistance

Question 23

If an accused dismisses their counsel during the trial, and the accused remains entitled to legal aid, what will the court do?

Answer 23

They may grant an adjournment for the accused to be represented

Question 24

What may happen if the court does not tell the accused of their right to give evidence or call witnesses?

Answer 24

The conviction may be quashed

Question 25

Does the judge have a discretion to call a witness?

Answer 25

Yes, they have a discretion to call a witness whom neither the pros or def have chosen to call

This is only where necessary in the interests of justice

Question 26

How does counsel assist the court where they may be relevant authorities?

Answer 26

Counsel is under a duty to bring all relevant authorities to the court’s attention, even if it is unfavourable

Question 27

What is the order for closing speeches?

Answer 27

Prosecution closing speech first

Defence closing speech last

Question 28

What are the restrictions on what the prosecution can say in their closing speech?

Answer 28

Cannot comment to the jury on the consequences of not believing police officer evidence

Cannot attack the credit of their own witnesses

Cannot comment on the failure of the accused’s spouse to give evidence

Question 29

Can the prosecution comment on the failure of an accused’s spouse to give evidence?

Answer 29

No

Question 30

Can the prosecution comment on the failure of an accused to give evidence?

Answer 30

Yes, provided the court give leave

Question 31

Can the defence comment on the likely consequences of conviction to the jury?

Answer 31

No

Question 32

What is summing up?

Answer 32

Where the judge gives directions on the law and a summary of the evidence to the jury

Question 33

What is the function of summing up?

Answer 33

To ensure the jury know what to do when deliberating

Question 34

What are the duties of counsel in relation to summing up?

Answer 34

Both counsels should alert the judge to any inadmissible evidence

The defence should request a good character direction

To raise any errors or omissions

Question 35

What will the judge provided to the jury when summing up?

Answer 35

A written list of questions (route to verdict); legal directions, and any other materials that will help them in their deliberations

Question 36

Are the jury allowed to draw inferences from failure of the defendant to answer questions or give evidence?

Answer 36

No

Question 37

Are the jury permitted to ask questions to the judge during retirement?

Answer 37

Yes, they must pass a note to the bailiff who takes it to the judge

Question 38

Are non-unanimous (majority) verdicts permissible?

Answer 38

Yes

Question 39

What is the minimum number for an acceptable majority?

Answer 39

11-1
Or
10-2

Question 40

What happens if the jury cannot agree on a verdict?

Answer 40

The judge discharges them from giving a verdict

The accused is then usually re-tried by a different jury