Trial Flashcards
What is the purpose of the ‘Trial’?
Determine D’s Guilt
How does one address a ‘LAY MAGISTRATE’ in the Magistrates’ Court:
(1) Male
(2) Female
(3) Collectively
(1) Sir
(2) Madam
(3) Your Worships
How does one address a ‘DISTRICT JUDGE’ in the Magistrates’ Court?
Judge
How does one address a ‘CIRCUIT JUDGE’ in the Crown Court?
Your Honour
How does one address a ‘HIGH COURT JUDGE’ in the Crown Court:
(1) Male
(2) Female
(1) My Lord
(2) My Lady
How does one address the Prosecution’s advocate if:
(1) Solicitor
(2) Barrister
(1) My friend
(e.g. ‘My friend for the prosecution’)
(2) My learned friend
(e.g. ‘My friend for the defence’)
What 2 key areas must be determined re witnesses giving evidence at Trial?
(1) Competence
(2) Compellability
What is meant by the terms:
(1) Competence
(2) Compellability
(1) Whether a witness is ABLE to give evidence
(2) Whether a witness can be REQUIRED to give evidence
If a witness is ‘NOT Competent’ can they be be ‘Complellable’
NO (must establish ‘competence’ before ‘compellability)
When considering whether a witness is ‘Competent’ or Compellable’ what are the 4 groups of witnesses that should be considered?
(1) Ordinary witness
(2) Defendant
(3) Co-Defendant
(4) D’s Spouse (/Civil Partner)
For an ‘Ordinary Witness’ for BOTH PROSECUTION and DEFENCE:
(1) Competent (2 exceptions)
(2) Compellable
(1) Competent UNLESS:
(a) CANNOT understand question
(b) Give intelligible answers
(2) Compellable
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
Special Measures
For a ‘DEFENDANT’ are they ‘Competent’ and / or ‘Compellable’ for:
(1) Prosecution
(2) Defence
(1) PROSECUTION
(a) NOT Competent
(2) DEFENCE
(a) Competent
(b) NOT Compellable
If a D chooses not to provide evidence at Trial, what can be drawn?
Adverse Inference (s35 CJPOA)
(1) For a ‘CO-DEFENDANT’ are they ‘Competent’ and / or ‘Compellable’ for the PROSECUTION?
(2) What are the 2 exceptions to this?
(1) NEITHER ‘Competent’ or ‘Compellable’
(2)
(a) Jointly charged same crime + Co-D pleased ‘Guilty’ at an earlier hearing
(b) Tried Separately
For a ‘CO-DEFENDANT’ are they ‘Competent’ and / or ‘Compellable’ for the DEFENCE?
Competent NOT Compellable
For ‘D’s SPOUSE’ are they ‘Competent’ and / or ‘Compellable’ for:
(1) Prosecution (3 exceptions for ‘Compellability’)
(2) Defence
(1) PROSEUCTION
(a) Competent
(b) NOT Compellable
UNLESS
(a) Involves Children
(b) Domestic Violence
(c) Sexual
(2) DEFENCE
BOTH Competent and Compellable
What is the 2 part test for whether a WITNESS is entitled to ‘Special Measures’?
(1) Is the witness VULNERABLE or INTIMIDATED?
(2) Would SM improve the QUALITY of Evidence?
A Witness who is ‘VULNERABLE’ may be entitled to ‘Special Measures’.
What are the 2 ways a witness can be ‘Vulnerable’?
(1) MINOR (u18)
(2) MENTAL / PHYSICAL DISORDER reduce quality of evidence given
Witness who is ‘INTIMIDATED’ may be entitled to ‘Special Measures’.
What does it mean for a witness to be ‘Intimidated’?
FEAR or DISTRESS reduce quality of evidence given
What are 3 common examples of ‘Special Measures’ given to a vulnerable / intimidated witness?
(1) Evidence via LIVE VIDEO LINK
(2) VIDEO RECORDED Evidence-in-chief / cross-examination / re-examination
(3) INTERMEDIARY (e.g. signer for deaf person)
What is the ONLY ‘Special Measure’ available to a DEFENDANT?
Evidence via LIVE VIDEO LINK
What are the 8 main stages of the ‘Trial’ in the Magistrates’ Court?
(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
At Trial in MC, following the ‘P’s Opening Speech’, will the D make one?
NO right to BUT can be invited
