Trial

Question 1

What is the purpose of the ‘Trial’?

Answer 1

Determine D’s Guilt

Question 2

How does one address a ‘LAY MAGISTRATE’ in the Magistrates’ Court:
(1) Male
(2) Female
(3) Collectively

Answer 2

(1) Sir
(2) Madam
(3) Your Worships

Question 3

How does one address a ‘DISTRICT JUDGE’ in the Magistrates’ Court?

Answer 3

Judge

Question 4

How does one address a ‘CIRCUIT JUDGE’ in the Crown Court?

Answer 4

Your Honour

Question 5

How does one address a ‘HIGH COURT JUDGE’ in the Crown Court:
(1) Male
(2) Female

Answer 5

(1) My Lord
(2) My Lady

Question 6

How does one address the Prosecution’s advocate if:
(1) Solicitor
(2) Barrister

Answer 6

(1) My friend
(e.g. ‘My friend for the prosecution’)

(2) My learned friend
(e.g. ‘My friend for the defence’)

Question 7

What 2 key areas must be determined re witnesses giving evidence at Trial?

Answer 7

(1) Competence
(2) Compellability

Question 8

What is meant by the terms:
(1) Competence
(2) Compellability

Answer 8

(1) Whether a witness is ABLE to give evidence
(2) Whether a witness can be REQUIRED to give evidence

Question 9

If a witness is ‘NOT Competent’ can they be be ‘Complellable’

Answer 9

NO (must establish ‘competence’ before ‘compellability)

Question 10

When considering whether a witness is ‘Competent’ or Compellable’ what are the 4 groups of witnesses that should be considered?

Answer 10

(1) Ordinary witness
(2) Defendant
(3) Co-Defendant
(4) D’s Spouse (/Civil Partner)

Question 11

For an ‘Ordinary Witness’ for BOTH PROSECUTION and DEFENCE:
(1) Competent (2 exceptions)
(2) Compellable

Answer 11

(1) Competent UNLESS:
(a) CANNOT understand question
(b) Give intelligible answers

(2) Compellable

Question 12

For an ‘Ordinary Witness’ NOT considered ‘Competent’ as they cannot understand the question and / or give intelligible answers (e.g. child / mentally incapable), what must be considered to assist them

Answer 12

Special Measures

Question 13

For a ‘DEFENDANT’ are they ‘Competent’ and / or ‘Compellable’ for:
(1) Prosecution
(2) Defence

Answer 13

(1) PROSECUTION
(a) NOT Competent

(2) DEFENCE
(a) Competent
(b) NOT Compellable

Question 14

If a D chooses not to provide evidence at Trial, what can be drawn?

Answer 14

Adverse Inference (s35 CJPOA)

Question 15

(1) For a ‘CO-DEFENDANT’ are they ‘Competent’ and / or ‘Compellable’ for the PROSECUTION?

(2) What are the 2 exceptions to this?

Answer 15

(1) NEITHER ‘Competent’ or ‘Compellable’

(2)
(a) Jointly charged same crime + Co-D pleased ‘Guilty’ at an earlier hearing

(b) Tried Separately

Question 16

For a ‘CO-DEFENDANT’ are they ‘Competent’ and / or ‘Compellable’ for the DEFENCE?

Answer 16

Competent NOT Compellable

Question 17

For ‘D’s SPOUSE’ are they ‘Competent’ and / or ‘Compellable’ for:
(1) Prosecution (3 exceptions for ‘Compellability’)
(2) Defence

Answer 17

(1) PROSEUCTION
(a) Competent
(b) NOT Compellable
UNLESS
(a) Involves Children
(b) Domestic Violence
(c) Sexual

(2) DEFENCE
BOTH Competent and Compellable

Question 18

What is the 2 part test for whether a WITNESS is entitled to ‘Special Measures’?

Answer 18

(1) Is the witness VULNERABLE or INTIMIDATED?
(2) Would SM improve the QUALITY of Evidence?

Question 19

A Witness who is ‘VULNERABLE’ may be entitled to ‘Special Measures’.

What are the 2 ways a witness can be ‘Vulnerable’?

Answer 19

(1) MINOR (u18)
(2) MENTAL / PHYSICAL DISORDER reduce quality of evidence given

Question 20

Witness who is ‘INTIMIDATED’ may be entitled to ‘Special Measures’.

What does it mean for a witness to be ‘Intimidated’?

Answer 20

FEAR or DISTRESS reduce quality of evidence given

Question 21

What are 3 common examples of ‘Special Measures’ given to a vulnerable / intimidated witness?

Answer 21

(1) Evidence via LIVE VIDEO LINK
(2) VIDEO RECORDED Evidence-in-chief / cross-examination / re-examination
(3) INTERMEDIARY (e.g. signer for deaf person)

Question 22

What is the ONLY ‘Special Measure’ available to a DEFENDANT?

Answer 22

Evidence via LIVE VIDEO LINK

Question 23

What are the 8 main stages of the ‘Trial’ in the Magistrates’ Court?

Answer 23

(a) P’s Opening
(b) P’s Case
(c) (P’s Submission of ‘no case to answer’)
(d) Right of D to give Evidence
(e) D’s case
(f) AnyFurther Evidence
(g) P’s Closing Speech
(h) D’s Closing Speech

Question 24

At Trial in MC, following the ‘P’s Opening Speech’, will the D make one?

Answer 24

NO right to BUT can be invited

Question 25

At Trial, what are the 3 main components of the ‘Prosecution’s Case’
(1) X of X by X
(2) Y of Y by Y
(3) (optional) Z of Z by Z

Answer 25

(1) ‘Examination-in-chief’ of P’s witnesses by P
(2) ‘Cross-Examination’ of P’s witnesses by D
(3) (optional) ‘Re-Examination’ of P’s witnesses by P

Question 26

One stage of the Trial in MC is ‘Right of D to give Evidence’.
(1) Who is this right explained by?
(2) What will be explained to D?

Answer 26

(1) Court Clerk at MC
(2) Effect of NOT giving evidence (e.g. adverse inferences)

Question 27

At a Trial, will ‘Closing Speeches’ be given by:
(1) Prosecution
(2) Defence

Answer 27

(1) Yes UNLESS D NOT legally represented
(2) Yes (always)

Question 28

In the MC, following the ‘Verdict’ at Trial:
(1) What are the 2 potential outcomes
(2) Must the court give reasons for the decision?

Answer 28

(1)
(a) Convicted
(b) Acquitted

(2)
(a) Convicted - MUST give reasons
(b) Acquitted - MAY give reasons

Question 29

If a D in the MC is ‘Convicted’ at the Trial what are the 2 options re Sentencing?

Answer 29

(1) Proceed IMMEDIATELY o sentencing
(2) AJOURN for ‘Pre-Sentence Reports’

Question 30

What are the 8 main stages of the ‘Trial’ in the Crown Court?

Answer 30

(1) Jury Sworn in (12 jurors)
(2) P’s Opening
(3) P’s Case
(4) (P’s Submission of ‘no case to answer’)
(5) CC ASKS D if have INTENTION give Evidence
(6) D’s Case
(7) Any Further Evidence
(8) P’s Closing Speech
(9) Summing Up (by Judge)
(10) Jury Verdict

Question 31

If the D believes P has produced weak evidence:
(1) What can the P submit?
(2) When is this GENERALLY done?
(3) What 4 Offences are an exception to the rule in (2)?

Answer 31

(1) ‘No Case To Answer’
(2) End of P’s Case
(3) End of D’s Case IF
(a) Murder
(b) Manslaughter
(c) S20 GBH
(d) S18 GBH

Question 32

What is the effect of a P successfully submitting ‘No Case To Answer’
(1) MC
(2) CC

Answer 32

(1) Magistrates’ Acquit D
(2) Judge direct Jury to Acquit D

Question 33

When a Judge is determining whether to accept a submission of ‘No Case To Answer’ from which case is the Test derived?

Answer 33

R v Galbraith

Question 34

The test for ‘No Case To Answer’ is derived from R v Galbraith.

(1) What are the 2 elements of this test? (NOTE - only 1 element must be satisfied)

Answer 34

(1) NO EVIDENCE- No Evidence to prove an ESSENTIAL ELEMENT of the offence (i.e. AR / MR)

OR

(2) WEAK / TENUOUS EVIDENCE - Evidence ‘so weak or tenuous that NO REASONABLE Jury would convict