Trial Flashcards
1
Q
What does it mean if a witness is ‘competent’?”
A
It means they are allowed to give evidence in court.
2
Q
Who is generally a competent witness?”
A
Pretty much anyone!
3
Q
Can the person accused (the defendant) be a witness for the prosecution?”
A
Nope!
4
Q
If there are multiple people accused
A
can one be a witness against the others for the prosecution?”
5
Q
Can the person accused give evidence to help their own case?”
A
Yes!
6
Q
Can the person accused give evidence to help one of the other people accused in the same case?”
A
Yes!
7
Q
Does a child’s age automatically mean they can’t be a witness?”
A
No! The important thing is whether they can understand questions and give understandable answers.
8
Q
Is it the same test for people with a disorder or disability?”
A
Yes, they just need to understand questions and give understandable answers.
9
Q
Can the spouse or civil partner of the person accused be a witness?”
A
Yes, for anyone in the case.
10
Q
What about someone who is deaf or has trouble speaking?”
A
They can be a witness as long as they understand the importance of taking an oath or affirmation. They can use interpreters or writing to give their evidence.
11
Q
What does it mean if a witness is ‘compellable’?”
A
It means they can be made to come to court and give evidence, even if they don’t want to.
12
Q
Can the person accused be forced to give evidence for the prosecution?”
A
Definitely not!
13
Q
Can the person accused be forced to give evidence for their own case?”
A
No, they choose if they want to.
14
Q
If a child or someone with a disorder/disability is allowed to be a witness
A
can they be forced to give evidence?”
15
Q
Can a spouse or civil partner be forced to give evidence against their partner?”
A
Usually not, BUT they can be forced to if their partner is accused of things like hurting them, hurting a child under 16, or certain sexual offenses against someone under 16.
16
Q
What’s the general rule about witnesses giving their ‘opinion’ in court?”
A
Usually, they should only talk about the facts they saw or heard, not their opinions about those facts.
17
Q
When can a witness give their opinion?”
A
If it’s about something common that most people can understand (like if someone seemed drunk), OR if they are an expert on a particular topic.
18
Q
What’s an ‘expert witness’?”
A
Someone with special knowledge or skills in a certain area (like a doctor or scientist) who can give their expert opinion to help the court understand things.
19
Q
Should an expert witness be fair and unbiased?”
A
Yes, they should try to be neutral and objective.
20
Q
What’s ‘privilege’ in the context of witnesses?”
A
It’s a special right that some people have not to answer certain questions or share certain information in court.
21
Q
What’s ‘privilege against self-incrimination’?”
A
It’s the right of a witness (not the accused person) to refuse to answer questions or show documents if it could get them into trouble.
22
Q
Can someone use this privilege to protect someone else?”
A
No, it’s only to protect themselves.
23
Q
What’s ‘legal professional privilege’?”
A
It’s the right to keep communications between a client and their lawyer private.
24
Q
What are the two types of legal professional privilege we learned about?”
A
‘Litigation privilege’ (when talking to a lawyer about a lawsuit) and ‘advice privilege’ (when getting general legal advice).
25
Is communication with a lawyer always privileged?"
Yes, direct talks between a lawyer and their client are usually privileged.
26
What about if a lawyer talks to someone else (not the client) about the case?"
It's more likely to be privileged if it's for a lawsuit, but usually not if it's just for general advice.
27
Can a client ever choose to share information that is privileged?"
Yes, they can 'waive' their privilege.
28
What happens if someone doesn't show up for their trial in the Magistrates' Court and they are under 18?"
The court CAN still have the trial without them, but they don't have to.
29
What if they are 18 or older and don't show up in the Magistrates' Court?"
The court MUST have the trial without them, unless it wouldn't be fair.
30
What's one thing the Magistrates' Court needs to be sure of if they have a trial without the person there?"
That the person knew about the trial date.
31
Can the Magistrates' Court find someone guilty even if they aren't there?"
Yes, but if they do, they might wait to sentence them until they come to court.
32
What about in the Crown Court? Can they have a trial if the person doesn't show up?"
Only if they think the person chose not to come and the trial would still be fair without them.
33
What might make a Crown Court trial go ahead even if the person isn't there?"
If the person has been warned that this could happen if they don't attend.
34
What should a judge tell the jury if the trial goes ahead without the person accused?"
Not to think the person is guilty just because they aren't there.
35
What happens if someone doesn't have a lawyer in court?"
The court will try to help them understand what's going on.
36
What's one way the judge might help someone without a lawyer?"
By asking questions to witnesses that might help the person's case.
37
Are there any special rules about someone without a lawyer questioning certain witnesses?"
Yes, someone accused of a sexual offense can't cross-examine the person who said they were hurt, and they usually can't cross-examine child witnesses in those kinds of cases either.
38
Can the court stop someone without a lawyer from questioning a witness?"
Yes, if it's needed to be fair and just.
39
If that happens
what might the court do?"
40
So
what are the main points about trials and when the person accused isn't there?"
41
If someone under 18 doesn't show up for their trial in the Magistrates' Court
can the trial still happen?"
42
What if someone 18 or older doesn't show up for their trial in the Magistrates' Court?"
The trial MUST happen without them, unless it wouldn't be fair.
43
What's something important the Magistrates' Court needs to check if someone doesn't come to court?"
That the person knew when and where the trial was happening.
44
Can the Magistrates' Court decide someone is guilty even if they're not there?"
Yes, but they might wait to give the punishment until the person comes to court.
45
What about in the Crown Court? Can they have a trial if the person doesn't show up?"
Only if they think the person chose not to come and the trial can still be fair.
46
What's one thing the Crown Court might do if someone doesn't come to trial?"
They might issue a warrant to have the person arrested.
47
If the trial happens without the person in the Crown Court
what should the judge tell the jury?"
48
What if someone doesn't have a lawyer in court?"
The court will try to help them understand what's going on.
49
How might a judge help someone without a lawyer?"
By explaining what will happen at each step of the trial and sometimes by asking questions to witnesses for them.
50
Are there special rules about someone without a lawyer questioning certain witnesses?"
Yes, if it's a sexual offense case, the person without a lawyer can't question the person who said they were hurt, and usually not child witnesses either.
51
Can the court stop someone without a lawyer from questioning a witness?"
Yes, if it's the right thing to do for fairness.
52
If that happens
what might the court do instead?"
53
So
what are the big ideas about trials when the person accused isn't there or doesn't have a lawyer?"
54
What's the general rule about witnesses giving evidence in court?"
They usually have to take an oath or make an affirmation to promise they'll tell the truth.
55
Is there a difference between an oath and an affirmation in court?"
Nope, they both have the same legal weight.
56
Are there any exceptions to the oath/affirmation rule?"
Yes, young children and people who might not fully understand the importance of the promise don't have to.
57
What's important when a witness takes an oath?"
It should be something that feels like a serious promise to them, something that they believe in.
58
What's 'examination in chief'?"
It's when the lawyer who called the witness asks them questions first.
59
What kind of questions should be asked in examination in chief?"
Usually, they shouldn't be 'leading' questions, which suggest the answer.
60
When might leading questions be allowed in examination in chief?"
If it's about something that's not really in dispute, or if the judge says the witness is 'hostile'.
61
What does it mean to 'refresh memory' in court?"
It's when a witness looks at a written statement they made earlier to help them remember details.
62
Are there rules about when a witness can refresh their memory?"
Yes, usually if the earlier statement helps them remember better than they would on their own.
63
What's a 'hostile witness'?"
A witness who isn't trying to tell the truth or is going against the side that called them.
64
What can a lawyer do if their witness becomes hostile?"
They can ask the judge to treat the witness as hostile, which allows them to ask leading questions and challenge their evidence with earlier statements.
65
What's the general rule about showing that a witness has said the same thing before?"
Usually, you can't just say they've repeated their story to make it sound more believable.
66
But are there exceptions to this 'no previous consistent statements' rule?"
Yes, in certain situations, like 'res gestae' (saying something right after an event), when a suspect replies to police, when someone makes a complaint, or to show someone isn't making things up recently.
67
What's 'res gestae' in simple terms?"
It's like a burst-out statement someone makes right when or after something happens.
68
Are the police allowed to say what a suspect said when they were arrested or questioned?"
Yes, whether the suspect admitted to it or denied it.
69
If someone says they were hurt or something bad happened to them
can the court hear about when they first complained?"
70
What if someone in court is accused of just making up their story?"
They can try to show that they said the same thing earlier to prove they aren't lying now.
71
What's 'cross-examination'?"
It's when the other side's lawyer asks the witness questions.
72
What kind of questions can lawyers ask in cross-examination?"
They can ask leading questions to try and challenge the witness's story.
73
Is there a rule about challenging a witness's story?"
Yes, if you don't question a witness about something they said, the court might think you agree with it.
74
What's 're-examination'?"
It's when the lawyer who first called the witness gets to ask them more questions after the cross-examination.
75
What kind of questions are allowed in re-examination?"
They should usually be about new things that came up in cross-examination, and they shouldn't be leading unless it's about something not in dispute, and the witness can refresh their memory if needed.
76
What part of the Criminal Procedure Rules (CrimPR) deals with how a summary trial works?"
Part 24.
77
What are the first things that might happen at a summary trial?"
Legal arguments might be discussed before the prosecution even starts talking about the case.
78
Why might lawyers want to have legal arguments before the trial really begins?"
So the prosecution knows what evidence they can use in their opening statement, and to deal with important legal issues early on.
79
Can a judge in the Magistrates' Court make decisions about evidence or law before the actual trial starts?"
Yes, they can have 'pre-trial hearings' to rule on these things.
80
Do both sides get a chance to talk before a judge makes a pre-trial ruling?"
Yes, everyone gets to say what they think.
81
If a judge makes a ruling before the trial
can they change their mind later?"
82
What's the 'prosecution opening speech'?"
It's when the lawyer for the prosecution tells the court what the case is about, what laws they think were broken, and what facts they're going to show.
83
After the prosecution speaks
can the judge ask the defense what parts of the case they disagree with?"
84
How does the prosecution present their evidence?"
By having witnesses come to court, by reading written statements from witnesses, and by sharing facts that both sides agree on.
85
What happens when a witness comes to court to give evidence for the prosecution?"
The prosecutor asks them questions first ('examination in chief'), then the defense lawyer gets to ask them questions ('cross-examination'), and then the prosecutor can ask a few more questions ('re-examination').
86
What if the defense doesn't disagree with something a witness said in their written statement?"
Then the statement can just be read in court instead of the witness having to come.
87
What are 'written admissions'?"
They are facts that both the prosecution and the defense agree are true.
88
What's a 'record of taped interview' (ROTI)?"
It's a written record of what someone said when the police interviewed them.
89
When does the prosecution finish presenting their case?"
When they've called all their witnesses and presented all their evidence, they'll say something like, 'That's the case for the prosecution.'
90
So
what are the main steps the prosecution takes at a summary trial up to finishing their case?"
91
What can the defense do after the prosecution finishes their case in a summary trial?"
They can ask the court to say there's 'no case to answer' because the prosecution hasn't shown enough evidence to convict.
92
What's the test the court uses to decide if there's no case to answer?"
If even looking at the prosecution's evidence in the best possible way, could a reasonable court still find the person guilty?
93
What happens if the defense makes a 'no case to answer' argument?"
The defense lawyers speak first, then the prosecutor gets to reply. If it's a panel of magistrates, their legal advisor will give them advice. Then the magistrates will decide if they agree or not.
94
If the court says there IS a case to answer
what happens next?"
95
What must the court tell the person accused before they give their defense?"
That they have the right to give evidence, and that if they don't or if they don't answer questions, the court might think they have something to hide.
96
If the person accused wants to give evidence
what happens?"
97
If there are more than one person accused
who gets to ask questions when one of them gives evidence?"
98
What kind of evidence can the defense present?"
They can have their own witnesses come to court, or they can use written statements or agreed facts, just like the prosecution.
99
After all the defense evidence
does anyone get to speak again before the court decides?"
100
What happens before the magistrates or District Judge makes their final decision?"
If it's a panel of magistrates, their legal advisor will give them advice on the law in open court.
101
What happens when the court is ready to make a decision?"
They announce the 'verdict' in open court – whether the person is guilty or not guilty for each charge.
102
If the court finds the person guilty
do they have to explain why?"
103
Can the court ever find someone guilty of a different
less serious crime than what they were originally charged with?"
104
What happens if the court finds the person not guilty?"
They are free to go, unless there are other charges still to be dealt with.
105
So
what are the key steps for the defense in a summary trial?"
106
When does a trial happen in the Crown Court?"
Only if the person says they're 'not guilty'. If they say they're 'guilty,' there's no trial.
107
What kind of cases go to the Crown Court?"
More serious ones, like big thefts or violent crimes.
108
Who decides if someone is guilty or not guilty in the Crown Court?"
A group of 12 people called a jury.
109
Besides the jury
who else is in charge in the Crown Court?"
110
Is the Crown Court similar to a Magistrates' Court?"
It's similar in some ways, but the big difference is the jury in the Crown Court.
111
What does the Crown Court Clerk do?"
They help with things like choosing the jury and taking down the verdict, but they're not a lawyer and don't give legal advice.
112
What are the different types of judges in the Crown Court?"
Circuit Judges, Recorders (part-time judges), and sometimes High Court Judges for the most serious cases.
113
What does the judge do in a trial?"
They explain the law, decide what evidence is allowed, and guide the jury, but they CAN'T tell the jury to find someone guilty.
114
What does the jury do in a trial?"
They listen to the evidence and decide what's true and whether the person is guilty or not guilty. They HAVE to follow the judge's instructions about the law.
115
What are the first steps in a Crown Court trial?"
1. Legal arguments, 2. Choosing and swearing in the jury, 3. Judge's instructions to the jury.
116
What are 'legal arguments'?"
Lawyers from both sides argue about legal stuff, sometimes before the trial really starts.
117
What's a 'voir dire'?"
A mini-trial without the jury where the judge decides if certain evidence is allowed.
118
What happens when the jury is chosen?"
They promise to listen carefully and decide fairly.
119
What does the judge tell the jury at the beginning?"
To only listen to the evidence in court and that the judge decides the law.
120
What does the prosecutor do in their opening speech?"
They tell the jury what the case is about and what they're going to prove.
121
Does the defense have to say what they disagree with?"
Yes, to help the jury understand the issues.
122
How is evidence presented in the Crown Court?"
Witnesses are called, witness statements are read, and sometimes there's a record of the police interview.
123
When does the prosecution finish presenting their case?"
When they've shown all their evidence.
124
What can the defense do after the prosecution's case?"
They can argue there's 'no case to answer' if they think the prosecution didn't prove enough.
125
What's the 'no case to answer' argument?"
It's basically saying the prosecution's evidence isn't strong enough for a jury to find the person guilty.
126
What happens right after the prosecution finishes their case in the Crown Court?"
The judge asks the defense if the person accused is going to give evidence.
127
Does the person accused HAVE to give evidence?"
Nope, it's their choice!
128
But what if they choose not to give evidence or don't answer questions?"
The jury might think they have something to hide, and that could count against them.
129
What should the defense lawyer make sure to do if their client decides not to give evidence?"
They should talk to their client about it and make a written note that the client understands and freely made that choice.
130
Can the defense lawyer give an opening speech too?"
Yes, but only if they're going to call other witnesses (not just the person accused) to talk about the facts.
131
Do defense lawyers usually give an opening speech?"
Not really, it's not that common.
132
What happens when the defense presents their evidence?"
If the person accused wants to speak, their lawyer will ask them questions first. Then the other side's lawyers can ask questions too.
133
What about other witnesses for the defense?"
It's the same thing: the defense lawyer asks them questions first, then the other lawyers.
134
What are 'legal discussions' that happen after the defense presents their case?"
It's when the lawyers and the judge talk about the law and what the judge should tell the jury later.
135
Who gets to give a 'closing speech' at the end?"
First, the prosecution can if the person accused had a lawyer or called other witnesses. Then, the defense always gets to give a closing speech.
136
What's the 'judge's summing up'?"
It's when the judge reminds the jury about the important parts of the law and the evidence from both sides.
137
What two main things does the judge talk about in the summing up?"
The law and the facts of the case.
138
What does the judge tell the jury about their job?"
That they decide the facts, but they HAVE to follow the judge's instructions about the law.
139
What's a 'route to verdict' that the judge might give the jury?"
It's like a written guide to help them think through the different parts of the case and the possible decisions.
140
What's a 'foreman' of the jury?"
It's a person the jury chooses to speak for them and give their final decision.
141
Does the jury have to agree on the verdict?"
Yes, at first, the judge will only accept a 'unanimous' verdict, meaning everyone agrees.
142
What are 'jury bailiffs'?"
They are like helpers who look after the jury when they go to decide.
143
What happens when the jury goes to decide?"
They go to a private room to talk about the evidence and try to reach a verdict.
144
Can the jury ask the judge questions while they're deciding?"
Yes, they can send a note to the judge.
145
What's a 'majority direction'?"
It's when the judge tells the jury that if they can't all agree after a certain amount of time (at least 2 hours and 10 minutes), they can give a verdict that most of them agree on.
146
What happens when the jury reaches a verdict?"
They tell the jury bailiff, everyone comes back to the courtroom, and the foreman announces if it's 'guilty' or 'not guilty'.
147
Can the jury ever find someone guilty of a different crime than the one they were first charged with?"
Sometimes, if it's a less serious crime that's very closely related to the original charge.
148
What happens if the verdict is 'guilty'?"
The person will either be sentenced right away or later after the court gets more information.
149
What happens if the verdict is 'not guilty'?"
The person is free to go, unless they have other charges to deal with.
150
What's the first thing that might happen in a Crown Court trial?"
Lawyers from both sides might argue about legal stuff before the jury even comes in.
151
Why do lawyers have these legal arguments early on?"
To help the prosecution know what evidence they can talk about when they first speak to the jury, and sometimes these arguments can even decide if the trial can continue.
152
What if the defense wins a legal argument about the prosecution's evidence?"
If it's really important evidence, the prosecution might not have enough to prove their case, and the person might be found not guilty without a full trial.
153
What's the 'prosecution opening speech'?"
It's when the lawyer for the prosecution tells the jury what the case is about, what they're going to try to prove, and why they think the person is guilty.
154
Should the prosecutor get too emotional when talking to the jury?"
Nope, they should stick to the facts.
155
Will the prosecutor explain all the laws to the jury in their opening speech?"
Usually not, the judge will do that later.
156
What's 'defence identify matters in issue'?"
It's when the judge might ask the defense to tell the jury what parts of the prosecution's case they disagree with.
157
Why is it helpful for the defense to say what the issues are?"
It helps the jury focus on what's really important in the case.
158
How does the prosecution present their evidence to the jury?"
They call witnesses to speak in court, they might read written statements from witnesses, and they can also present 'agreed facts' that both sides accept.
159
Who does the prosecution usually call as their first witnesses?"
The witnesses that the defense has asked to come to court so they can ask them questions.
160
Can the prosecution just decide not to call a witness that the defense wants to question?"
They can, but they have to have a good reason and it can't be unfair to the defense.
161
What happens when a witness speaks in court?"
The prosecutor asks them questions first, then the defense lawyer gets to ask them questions.
162
What if both sides agree on what a witness would say?"
Then they can just read the witness's written statement to the jury instead of having the witness come to court.
163
What are 'written admissions' or 'agreed facts'?"
They are things that both the prosecution and the defense agree are true, so they don't need to be proven in court.
164
What about the 'record of taped interview' (ROTI) with the police?"
The jury will usually get a written copy of the important parts, and the prosecutor will read it out in court.
165
What if the person didn't say anything to the police ('no comment')?"
The prosecution will usually tell the jury that this happened and what questions the police asked.
166
When does the prosecution finish presenting their case?"
When they've shown all their evidence to the jury, the prosecutor will say something like, 'That's the case for the prosecution.'
167
So
what are the main steps the prosecution takes in a jury trial up to finishing their case?"
168
What can the defense do after the prosecution finishes their evidence in a jury trial?"
They can ask the judge to say there's 'no case to answer' if they think the prosecution hasn't shown enough evidence for a guilty verdict.
169
What happens when the defense makes a 'no case to answer' argument?"
The jury leaves the room, the defense lawyer explains why they think there's no case, and the prosecutor gets to disagree. Then the judge decides.
170
If the judge agrees there's no case to answer
what happens?"
171
After the prosecution finishes
what does the judge ask the person accused?"
172
Does the person have to give evidence?"
No, it's their choice.
173
But what happens if they don't give evidence or don't answer questions?"
The jury might think they're hiding something, and that can be held against them.
174
What does the judge tell someone who isn't using a lawyer about their right to give evidence?"
The judge explains they can speak under oath and be questioned, and reminds them about the possible consequences of not giving evidence or not answering questions.
175
Can the defense lawyer give a speech before they start showing their evidence?"
Yes, but only if they are going to call other witnesses (not just the person accused) to talk about the facts.
176
Do defense lawyers usually give an opening speech?"
It's not super common.
177
What happens when the defense presents their evidence?"
If the person accused wants to speak, their lawyer asks them questions first. Then the other side's lawyers can ask questions.
178
What about other witnesses for the defense?"
The defense lawyer asks them questions first, then the other lawyers.
179
What are 'legal discussions' that happen after the defense shows their evidence?"
It's when the lawyers and the judge talk about the law and what the judge should tell the jury later to help them make their decision.
180
What's the 'prosecution closing speech'?"
It's when the prosecutor gets to speak to the jury again at the end to try and convince them the person is guilty.
181
When can the prosecution give a closing speech?"
If the person accused had a lawyer, or if they called other witnesses to speak about the facts, or if the judge says it's okay.
182
What's the 'defence closing speech'?"
It's the last chance for the defense lawyer to speak to the jury and explain why they think the person is not guilty.
183
So
what are the main steps for the defense in a jury trial up to their closing speech?"
184
What's the 'judge's summing up' to the jury?"
It's when the judge talks to the jury after the lawyers' closing speeches to explain the law and remind them about the evidence.
185
What are the two main parts of the judge's summing up?"
Explaining the law and going over the important parts of what the prosecution and defense said about the facts.
186
What does the judge tell the jury about their roles?"
The judge says they decide the law, and the jury decides the facts based on the evidence.
187
What does the judge say about the 'burden of proof'?"
The judge tells the jury that it's up to the prosecution to prove the person is guilty beyond a reasonable doubt.
188
What if there's more than one charge or more than one person accused?"
The judge will tell the jury to think about each charge and each person separately.
189
What are the 'ingredients of the offence' that the judge explains?"
The judge will clearly list what the prosecution has to prove for each crime the person is accused of.
190
What does the judge say about 'defences' like self-defence?"
The judge will explain how the law applies to any defences raised and who has to prove what.
191
What's a 'written route to verdict' that the judge might give the jury?"
It's like a helpful list of questions to guide the jury to the right decision.
192
What are some other 'legal directions' the judge might give?"
Things like how to think about the person's good or bad character, if they didn't speak to the police, or if there was an issue with identifying them.
193
What's a 'split summing-up'?"
It's when the judge gives some of the legal instructions to the jury before the lawyers' closing speeches.
194
What does the judge do when summing up the 'evidence'?"
The judge will give a fair summary of the important parts of what both sides said, but won't go into every tiny detail.
195
What does the judge tell the jury about picking a 'foreman'?"
The judge asks them to choose one person to speak for them when they give their verdict.
196
What does the judge say about the verdict needing to be 'unanimous'?"
At first, the judge will tell the jury that everyone has to agree on the verdict.
197
What are 'jury bailiffs'?"
They are like helpers who look after the jury when they go to decide.
198
What happens when the jury 'retires'?"
They go to a private room to talk about the case and try to reach a verdict.
199
Can the jury ask the judge questions while they are deciding?"
Yes, they can send a note to the judge.
200
What's a 'majority direction'?"
It's when the judge tells the jury that if they can't all agree after a certain amount of time (at least 2 hours and 10 minutes), they can give a verdict that most of them agree on (like 10 out of 12).
201
What happens when the jury reaches a 'verdict'?"
They tell the jury bailiff, everyone comes back to court, and the foreman announces if it's 'guilty' or 'not guilty'.
202
Can the jury find someone guilty of a different
less serious crime?"
203
What happens if the verdict is 'guilty'?"
The person will usually be sentenced then or later.
204
What happens if the verdict is 'not guilty'?"
The person is free to go.
205
What's a 'hung jury'?"
It's when the jury can't agree on a verdict, even after trying for a long time.
206
What happens if there's a hung jury?"
The jury is dismissed, and the prosecution has to decide if they want to have another trial.
