Trial in the CC Flashcards
What is the procedure for trial in the CC?
- Legal arguments
- Jury sworn and swearing in jury
- Judge’s prelim instructions to jury
- P opening speech
- D identifies matters in issue
- P evidence
- Conc of P case
- Submissions of no case to answer
- Right to give evidence and adverse inferences explained to D
- D opening speech
- D evidence
- Legal discussions
- Closing speeches
- Judge sums up
- Jury bailiffs sworn and jury retire
- Verdict
Where do legal arguments take place?
Legal arguments either take place in pre-trial hearings or during trial.
How many jurors are required?
12 jurors are required, picked from a panel of 16.
What right does the defendant have regarding jurors?
The defendant has the right to object to any juror.
What are the judge’s preliminary instructions to the jury?
Jurors can only use evidence presented in court and are not to decide on matters of law.
What is the focus of the prosecution’s opening speech?
The prosecution’s opening speech focuses on the facts and issues in the case, what the case is about, the areas of dispute, and why the prosecution believes the defendant is guilty.
What does the prosecutor tell the jury in the opening speech?
The prosecutor tells the jury what counts the defendant faces.
What happens when the defence identifies matters in issue?
Optional - The defence can identify matters in issue and may be invited by the judge to confirm or clarify these if they intend to call at least one witness.
What happens during prosecution evidence?
- The prosecution calls witnesses and takes them through evidence in chief
- Cross-examination by the defence.
What occurs if there is no disagreement over witness evidence?
If there is no disagreement, then written evidence will be presented.
How is the accused’s interview brought as evidence at trial?
Brought by the prosecution - interview answers are read out, or the questions are read out and it is stated that D answered no comment
What is a submission of no case to answer?
The judge may direct the jury to acquit if the prosecution evidence is insufficient, but only after the prosecutor has had an opportunity to make representations.
What is the defendant’s right regarding giving evidence?
There is no obligation on the defendant to give evidence, but failure to do so can result in adverse inferences being drawn.
When can the defence make an opening speech?
The defence can make an opening speech if one or more defence witnesses, other than the defendant in person, will be called to give factual evidence.
What happens if the defendant chooses to give evidence?
If represented, the defence advocate will call the defendant and take them through evidence in chief, followed by cross-examination and re-examination
same for any other witnesses
What occurs during legal discussions?
Jurors are sent out so the judge, prosecution, and defence can consider matters of law which should be raised during summing up.
Submissions can be made at this point
Is P entitled to make a closing speech?
No. The prosecution can only make a closing speech if the defendant is legally represented or has called at least one defence witness to give factual evidence (other than D). Otherwise, allowed if court permits.
The prosecution closing speech is always first.
Is the defence entitled to make a closing speech?
Yes - always
What is included in the judge’s summing up?
Two parts:
1. Law - legal directions
2. Facts - P and D cases
What does the judge direct the jury regarding verdicts in the summing up?
- that jury and judges have different functions
- The judge directs the jury to appoint a foreman
- Only unanimous verdicts can be delivered, with further directions for majority verdicts.
When can a majority direction be given?
A majority direction can only be given once the jury have deliberated for at least 2 hours (IRL 2 hrs 10)
The majority verdict should not be accepted unless it appears to the court that the jury have had such a period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case.
What is the verdict process?
The foreman gives the verdict of the jury, and in certain circumstances, the jury can convict of a lesser offence.
What happens after a guilty verdict?
The defendant is either sentenced immediately or the court adjourns for sentencing at a later date.
What happens after a not guilty verdict?
The defendant is free to leave.
What is the role of the judge?
The judge is the arbiter of the law.
What can the judge do?
- The judge makes rulings about the admissibility of evidence (in the absence of the jury).
- The judge directs the jury about matters of law (what has to be proved, by who)
- Can direct the jury to find a defendant not guilty (e.g after a successful submission for no case to answer)
Can the judge direct a jury to find a defendant guilty?
No, the judge cannot direct a jury to find a defendant guilty.
Can the judge direct a jury to find a defendant not guilty?
Yes, the judge can direct a jury to find a defendant not guilty following a successful submission of no case to answer.
What is the role of the jury?
The jury is the sole decider/arbiter of facts.
What does the jury decide?
The jury decides whether the defendant is guilty.
What must the jury do regarding the judge’s directions?
The jury must accept and apply the judge’s directions about the law.
On what basis must the jury reach its decision?
The jury must reach its decision only based on the evidence it hears in court.
What will the jury determine about the evidence?
The jury will determine whether, and to what extent, the evidence is to be believed.
Who draws the inferences from D’s silence?
The jury.
