Trial II Flashcards
SUMMARY TRIALS
What are summary trials and what offences do they involve?
Trials in the magistrates’ - will involve…
- Summary only offences (only triable in magistrates); or
- Either way offences (where magistrates’ have retained jurisdiction following allocation procedure)
SUMMARY TRIALS
What is the same regardless of the court?
- Burdens of proof
- Rules on admissibility of evidence
- Possible inferences that can be drawn
- How witnesses give evidence and which witnesses
- The order of evidence
SUMMARY TRIALS
What is the significance of a trial being adversarial?
Prosecution always open case (carries the evidential and legal burden)
SUMMARY TRIALS
Who makes up the bench in a summary trial? What are they the judges of?
- At least 2 (usually 3) lay magistrates’ or single District Judge
- Are the judges of both fact and law
District Judge = professional lawyer
Lay magistrates = unpaid volunteers who receive training to help them with law/procedure (and have legal adviser)
SUMMARY TRIALS
What does the authorised court officer do and not do? When must they be present?
AKA justices’ clerk, court clerk, legal adviser
- Does provide assistance to justices of peace with relevant law and procedure
- Does not take part in deciding upon verdict in summary trial
Must be present during trial judged by bench of lay magistrates (but not in summary trial presided over by District Judge)
SUMMARY TRIALS
What is the procedure of a summary trial?
- Legal arguments would be heard before trial starts/during (e.g. s78 applications)
- Prosecution opening speech (summarise prosecution case, identify relevant facts)
- Defence identify matters in issue (where it would help the bench)
- Prosecution evidence (call witnesses, read statements if agreed/successful application under hearsay)
- Conclusion of prosecution case
- Submission of no case to answer (D’s application/court’s own initiative)
- Right to give evidence and adverse inferences (D informed of right to give evidence and potential effect of not doing so)
- Defence evidence
- Prosecution closing speech
- Defence closing speech
- Legal advice (legal adviser advises magistrates in open court on any matter; rarely needed for DJ)
- Magistrates/District Judge retire to consider verdict (any advice given here to be repeated in open court)
- Verdict (announced in open court)
SUMMARY TRIALS
Will there always be a prosecution and defence closing speech?
- Prosecution = only if D represented or as introduced evidence other than prosecution’s own
- Defence = always
SUMMARY TRIALS
What happens if disagreement between magistrates?
- Between 3 = majority prevails
- Between 2 = adjourn case for rehearing before new bench
TRIALS ON INDICTMENT
What are ‘trials on indictment’?
Another way of saying Crown Court trials
TRIALS ON INDICTMENT
What offences are tried on indictment?
Either-way (magistrates’ consider sentencing powers insufficient / D has elected) or indictable only
TRIALS ON INDICTMENT
How is the physical layout of Crown Court different from magistrates’?
- Space for 12 jurors
- Space for public to watch/legal reps to sit
TRIALS ON INDICTMENT
How is a court clerk in Crown different from authorised officer in magistrates’?
Court clerk is not legally qualified and does not give advice, but responsible for selecting/taking verdicts from jury and arraigning Ds
TRIALS ON INDICTMENT
What judges sit in the Crown?
- Circuit Judges (your honour)
- Recorders (your honour)
- High Court Judges (My Lord, My Lady)
TRIALS ON INDICTMENT
How do the roles of the judge and jury differ?
Judge
* Arbiter of law
* Makes rulings on admissibility of evidence (w/o jury)
* Directs jury on matters of law (what must be proved)
Jury
* Arbiter of facts
* Decides whether D guilty
* Accepts and applies judge’s directios about law
* Reaches decisions only based on evidence it hears in court
TRIALS ON INDICTMENT
Can a judge direct a jury to find a D guilty?
No! But can direct a jury to find a D not guilty (e.g. following successful submission of no case to answer)