Trial: Crown Court Flashcards
Crown court clerk
- Not legally qualified and never gives legal advice
- responsible for may of the duties relating to:
+ selecting and taking verdicts from the jury; and
+ arraigning defendants
Judges in Crown court
Circuit judges: Your honour
Recorders; Your honour
High court judges: ‘My Lord, My Lady’
Judge versus Jury
Role of Judge:
- arbiter of law
- makes rulings about the admissibility of evidence
- directs jury about matters of the law
- directs a jury to find a defendant not guilty but cannot direct jury to find a defendant guilty
Role of the Jury:
- sole decider/arbiter of facts
- decides whether the defendant guilty
- must accept and apply the judge’s directions about the law
- must reach its own decisions only based on the evidence it hears in court, determines:
+ extent to which evidence is to be believed
+ whether to draw inferences from teh evidence or from a silence
Court Court procedure overview
- Legal arguments
- Jury selection and swearing in the jury
- Judge’s preliminary instructions to the jury
- Prosecution opening speech
- Defence identify matters in issue
- Prosecution evidence
- Conclusion of prosecution case
- Submission of no case to answer
- Right to give evidence and adverse inferences
- Defence opening speech
- Defence evidence
- Legal discussions
- Closing speeches
- Judge’s summing up
- Jury bailiffs sworn and jury retire
- Verdict
Legal arguments
Sometimes pre-trial hearings for the purpose of legal arguments.
In practice, many legal arguments take place on the first day of trial.
Can be heard before or after the jury is sworn.
Voir dire
Where required, takes place in the absence of a jury since it is a procedure for the judge to resolve a factual dispute which is relevant to a legal argument.
In practice, legal rep says to the judge that a matter of law has arisen - judge will ask jury to retire.
Common arguments dealt with before commencement of a jury trial
- bad character
- hearsay
- 78 and 76
- abuse of process applications
Jury selection
Jury panel of about 16 people and 12 are chosen/
After filled, defendant is told by the court clerk they have the right to object to any juror.
Each jury member is then sworn.
Judge’s preliminary instructions
- Judge tells jury that the evidence upon which they must decide the case is the evidence that will be presented to them in court.
- They must not discuss the case with anyone else ho may have a view but will not have heard evidence.
- Judge also explains that matters of law are for the judge alone so jury may be asked to leave at some points.
Prosecution opening speech
- Prosecution opening speech focuses on the facts and issues in the case - areas of dispute and why the prosecution says the defendant is guilty.
- Tells jury what counts the defendant faces
- avoid overly emotional language
Defence identifies matters in issue
To help the jury to understand the case, the judge can invite the defence to confirm or clarify what the issues in the case are.
Prosecution evidence
- Prosecution case has been served on the defence at the outset of the proceedings
- All witnesses the defence wish to question will have been included in the PTPH form
- Defence will want to question a prosecution witness if there is some disagreement with the contents of that statement
- P will start by calling the prosecution that the defence asked to be called. Prosecutor will then take them through evidence in chief. Witness is then cross-examined by the defendant’s legal representative.
Prosecution evidence (not live)
- Defence has no dispute with the content of a prosecution witness’s statement no purpose to have them live.
- Before reading out the statement, the judge will explain to the jury that they can receive in various ways and that it is agreed evidence
- Defendant’s ‘record of taped interview’ (ROTI) with the police will be produced in and edited form containing salient questions and answers. Jury will also get copy and prosecution will also read the interviews out in court.
- No comment interview: instead of ROTI - prosecution will often instead present agreed written admissions stating what the defendant was asked about and that the defendant replied no comment to all questions put. Allows jury to consider whether it would be proper to drawn an inference from the silence.
No case to answer
At the end of the prosecution evidence, on defendant’s application or judge’s own initiative, the judge may direct the jury to acquit on the ground that the prosecution evidence is insufficient for any reasonable court to convict.
Prosecutor must have had opportunity to make representations.
R v Galbraith
Defendant’s right to give evidence
After the prosecution has concluded, judge will ask if defendant is going to give evidence.
Can say no.
Jury can draw inferences from choosing not to do so (s35 CJPOA).
If decides not to it should be recorded in writing that the defendant has received advice and decided freely not to testify.
If yes –> case proceeds
Defence opening speech
Prosecution case ended or rejection of no case to answer submission - defence case still state.
Defence has right to make opening speech but only if one or more defence witnesses other than the defendant in person will be called to give factual evidence.
Note: right to opening speech is rarely used.
Defence evidence
Defendant and or defence witnesses will be taken through examination in chief by defence advocate.
Defendant/defence witnesses then cross-examined by any other defendants and the prosecution.
Legal discussions
When defence case is closed it is common practice for the jury to be sent out in order to allow the judge and the prosecution and defence advocates an opportunity to consider those matters of law which should be raised during the judge’s summing up.
Allows submissions on all legal matters that have arisen in the course of the trial and which will form part of the judge’s directions on law to the jury.
Way to ensure issues are ironed out.
Closing speeches
- prosecution makes closing speech first: only where defendant is legally represented or called one witness to give evidence.
- prosecution closing speech is always first
- Defence is entitled to make a closing speech which follows prosecution.
Judge’s summing up
- After closing speeches, judge sums up case to jury.
- Two parts:
1) law: legal directions
2) facts: sum up prosecution and defence cases
P and D should be alert to any errors to inform judge so they can correct themselves after if necessary
Judge summing up: law
- burden and standard of proof
- ingredients of the offence and defences
- written route to verdict
- other legal directions relevant to the case
- electing a foreman
- unanimity
- separate considerations of counts
Foreman: judge will tell jury to appoint foreman who will deliver the verdict
Unanimity: jury told judge can only accept unanimous verdict. If time comes when they can accept majority verdict they will be called back into court and give them a further direction
Judge summing up: fact
- reminder of issues
- summary of the nature of the evidence relating to each issue
- balanced account of the points raised by the parties
- any outstanding directions
Jury retirement
Can ask the judge questions - will pass not to baliff who passes to judge
Majority verdict
Can be accepted after minimum period of 2 hours (2 hours and 10 minutes to account for travel time).
Should be a time the court thinks reasonable having regard for the nature and complexity of the case. This will obviously differ greatly depending - so even a few days may be appropriate.
Convicting alternative offences
The jury can convict of a lesser offence which is alternative to the court. E.g. s20 instead of s18.
