Trial Flashcards
When are trials necessary?
When defendant pleads ‘not guilty’ and their guilt needs to be determined by hearing of evidence
What is the role of the Crown Court Clerk?
- not legally qualified so never allowed to give legal advice
- responsible for duties relating to (i) selecting and taking verdicts from the jury and (ii) for arraigning defendants
What judges sit in the Crown Court?
- Circuit judges - ‘Your Honour’
- Recorders - ‘Your Honour’
- High Court Judges - ‘My Lord, My Lady’
What is the process for trial at the Crown Court?
1) Legal arguments
2) Jury selection and swearing in the jury
3) Judge’s preliminary instructions to the jury
4) Prosecution opening speech
5) Defence identify matters in issue
6) Prosecution evidence
7) Conclusion of the prosecution case
8) Submission of no case to answer
9) Right to give evidence and adverse inferences
10) Defence opening speech
11) Defence evidence
12) Legal discussions
13) Closing speeches
14) Judge’s summing up
15) Jury bailiffs sworn in and jury retire
16) Verdict
What happens at the legal arguments stage?
Legal arguments will be heard in the absence of the jury, normally on first day of trial before jury sworn in
What happens at the jury selection stage?
12 jurors from panel of around 16 are chosen at random.
Defendant can object to any juror.
Jurors then sworn in
What happens at the judge’s preliminary instructions to the jury?
Judge will tell jury that the evidence that they will decide case on will be presented in court and they must not discuss it with anyone who may have a view but has not heard the evidence
What happens at the defendant’s right to give evidence or not?
If defendant is going to give evidence, case will proceed.
If not, judge will check defendant has been advised that jury may draw inferences from defendant’s failure to give evidence. If he has been advised then case will proceed.
Who sits on the bench at a magistrates’ court trial?
At least two but usually three lay magistrates or a single District Judge
Are district judges legally qualified?
Yes they are professional lawyers
What is the role of the authorised court officer for Magistrate trials?
The provide assistance to justices of the peace with both relevant law and procedure when required
They have no role in deciding the verdict of the case
Who decides issues of fact and law in the magistrates court?
The magistrates or District Judge
When will questions of admissibility be heard in the magistrates’ court?
The judges have discretion as to when to determine admissibility
Is there a requirement for a defence statement in the magistrates’ court?
No
When is the prosecution entitled to make a closing speech in the Magistrates’ court?
Where D is represented or
Whether or not they are represented, D has introduced evidence other than their own
