TRAIL PROCEDURE- MAGISTRATES AND CROWN COURT Flashcards
What is the order of the key stages of trail in both the magistrates and crown court?
- prosecutions opening speech
- prosecution calls witnesses
- defendent calls witnesses
- judge/magistrates sums up evidence
- jury deliberates crown court only
- Judge/bench delivers the verdict in the magistrates court OR jury delivers the verdict in the crown court.
- A pre sentence report may be ordered
- Sentence is handed down
What method of witness examination does examination in chief involve?
Examination in chief is when the party who called the witness asks the witness questions infront of the court. Leading questions are not permitted.
What method of witness examination does cross examination involve?
Cross examination is when the opposing party’s counsel questions the witness in front of the court.
Leading questions are allowed.
What is the difference between witness having competence vs being compellable?
A witness being competent means that they are able to give evidence (eg understand the questions they may be asked).
A witness being compellable means that they may be forced to give evidence. (eg- in situations where a spouse of compelled to testify if the offence involves harm to them or a child under 16).
What kinds of special measures may be used to assist a witness to give evidence?
Testifying though a video link, a screen between the witness and defendant, pre- recorded testimony.
NB- particularly applicable to witnesses under 18 or those who are a victim of the defendant.
In what way should magistrates in court be addressed?
Collectively “your worships” or individually “sir or madam”
In what way should a district judge be addressed?
Sir/madam
In what way should a judge in the crown court be addressed?
Your honour
What must a solicitor not do when representing a defendant in court?
They must not put forward anything or asset any evidence that they know iOS not true.
What should a solicitor do if the defendant decides to plead guilty to avoid to stress of trial, but claims innocence?
The solicitor may not put forward anything in mitigation that suggests the defendant did not commit the offence, and must allow them to go ahead and plead guilty.
Can a solicitor represent 2 co defendants?
Yes, but they must immediately cease to act if there becomes any conflict of interest such as conflicting accounts etc.
Does a solicitor have a duty to assist the court with points of law, even if this goes against their clients interests?
Yes
