Trial - Crown Court Flashcards
Who are the types of judges in the Crown Court?
- Circuit Judges (Your Honour)
- Recorders (part-time judges ‘Your Honour’)
- High Court Judges (‘My Lord/My Lady)
Role of Judge in Crown Court?
- Arbiter of Law
- Rules on admissibility of evidence
- Gives directions to Jury on legal issues
- May direct acquittal, but not conviction
Role of Jury in the Crown Court
- Sole arbiter of fact
- Decides verdict based only on the evidence presented
- Applies the law as directed by the Judge
When are legal arguments typically heard in the Crown?
Usually on the first day of trial, but sometimes at pre-trial hearing
What is voir dire?
A hearing in the absence of the jury to resolve legal/factual issues related to admissibility
Common legal arguments raised before Jury Trial?
- Bad character applications
- Hearsay applications
- s.76/s.78 PACE applications
- Abuse of process
How are jurors selected?
A panel of around 16 enters court; 12 are selected at random. D has right to object before they are sworn.
What instructions does the judge give the jury at the start?
- Only consider evidence heard in court.
- Do not discuss case outside court
- Matter of law are for the judge alone
When does the prosecution call a witness?
When defence has indicated a wish to cross the witness
What is a witness’s statement is undisputed?
It may be read aloud to the jury, with prior judicial explanation
When is a submission of no case to answer made?
At the close of the prosecution case - known as ‘half time’ submission.
What is the legal test for no case to answer?
From R v Galbraith - if no reasonable jury properly directed could convict, the judge must stop the case. If test is met - judge can direct jury to acquit D on the relevant counts
What must the judge do before granting the application?
Give the prosec an opportunity to make representations
When is the defence entitled to an opening speech?
Only if they intend to call a witness (other than D) to give factual evidence, but the speech is rarely used.
What happens when the Defence case begins?
- The D may give evidence in chief
- The cross-examined by co-Ds and prosec
- Followed by defence witnesses in the same format
What usually happens after the defence case closes?
The jury is asked to retire so the judge and counsel can discuss legal directions to be given in summing up.
Purpose of legal discussions at this stage?
To ensure the Judge’s legal directions are correct, and to minimise appeals based on legal errors.
Who speaks first in closing speeches?
The prosec always delivers their closing speech first
What are the 2 parts of the Judge’s summing up?
- Directions on the Law
- Summary of the evidence
What legal matters must the judge explain?
- Burden and standard of proof
- Legal elements of the offences and defences
- Route to verdict
- Legal directions (eg. good character, inferences)
How to treat multiple counts/defendants
When can a majority verdict be accepted?
After at least 2 hours and 10 minutes of deliberation
Who announces the verdict?
The jury foreman, in open court
What happens after a guilty verdict?
- D is either sentenced immediately
- or sentencing is adjourned for a report (eg. pre-sentence or psychiatric)
