Topic 7- Trials- CC Flashcards
Will the Crown Court proceed in an accused’s absence?
Very rarely, there are only a few exceptional circumstances where they will proceed
What are the exceptions for the court to proceed in the absence of the accused?
Misbehaviour of the accused
Voluntary absence
Accused is too ill to attend
Death of the accused
What circumstances must the judge look at when deciding whether to proceed in the accused’s absence?
Nature and circumstances of the accused’s behaviour
Likely length of an adjournment
Extent of accused’s legal representatives at trial
What ECHR article should be complied with when deciding whether to proceed in the absence of an accused?
Article 6, right to fair trial
What two reservations were given by Lord Bingham in deciding whether an accused should be present?
The seriousness of the offence should not be considered
It is generally desirable that the accused be represented
What will the judge do if an accused misbehaves in the dock?
The judge may order the accused be removed and the trial proceeds
If an accused takes voluntary absence from trial, what will the judge do?
They have a discretion on whether to complete the trial in the accused’s absence
If an accused is sick, what will the court do in his absence?
The trial may not continue, unless the accused consents
The court may also try to obtain evidence of the illness
What will the court do where there has been an abuse of process in jury trial?
The court may order a stay, which is likely not to be lifted
What are the two categories of abuse of process?
Where it is impossible to give the accused a fair trial
Where it would be unfair for the accused to be tried
What language should the prosecution avoid using?
Emotive language
That may be liable to prejudice the jury against the accused
What is the first stage of a jury trial?
The prosecution’s opening speech, where they identify the issues and outline the evidence
Where the prosecution wishes to adduce written statements, what must they do?
They must serve a copy on each of the parties
How does a party stop a written statement from going into evidence?
They must serve a notice within 5 business days
When are written statements admissible at trial?
Only if all the parties agree
What is the procedure for the defence objecting to the admissibility of prosecution evidence?
They should notify the prosecution of their objection
A voir dire may then be held
What is a voir dire?
This is a hearing where the admissibility of disputed evidence is tested
The witnesses must testify under oath
Does the defence have the right to an opening speech at the start of their defence?
Yes, if they intend to call evidence
Is the defence obliged to call evidence?
No, only the prosecution is obliged to call evidence
Who is usually called first by the defence?
The accused
Why is the accused usually called before any other witnesses?
To keep the witness out of court until they testify
This stops the accused from adjusting their evidence in accordance with the witnesses
If an accused is not represented, what will the court do?
They will seek to give the accused assistance
If an accused dismisses their counsel during the trial, and the accused remains entitled to legal aid, what will the court do?
They may grant an adjournment for the accused to be represented
What may happen if the court does not tell the accused of their right to give evidence or call witnesses?
The conviction may be quashed
Does the judge have a discretion to call a witness?
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
How does counsel assist the court where they may be relevant authorities?
Counsel is under a duty to bring all relevant authorities to the court’s attention, even if it is unfavourable
What is the order for closing speeches?
Prosecution closing speech first
Defence closing speech last
What are the restrictions on what the prosecution can say in their closing speech?
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
Can the prosecution comment on the failure of an accused’s spouse to give evidence?
No
Can the prosecution comment on the failure of an accused to give evidence?
Yes, provided the court give leave
Can the defence comment on the likely consequences of conviction to the jury?
No
What is summing up?
Where the judge gives directions on the law and a summary of the evidence to the jury
What is the function of summing up?
To ensure the jury know what to do when deliberating
What are the duties of counsel in relation to summing up?
Both counsels should alert the judge to any inadmissible evidence
The defence should request a good character direction
To raise any errors or omissions
What will the judge provided to the jury when summing up?
A written list of questions (route to verdict); legal directions, and any other materials that will help them in their deliberations
Are the jury allowed to draw inferences from failure of the defendant to answer questions or give evidence?
No
Are the jury permitted to ask questions to the judge during retirement?
Yes, they must pass a note to the bailiff who takes it to the judge
Are non-unanimous (majority) verdicts permissible?
Yes
What is the minimum number for an acceptable majority?
11-1
Or
10-2
What happens if the jury cannot agree on a verdict?
The judge discharges them from giving a verdict
The accused is then usually re-tried by a different jury
