Trial in the Crown Court Flashcards
What is the role of the judge in a Crown Court trial?
A. Decide if the defendant is guilty
B. Give evidence on the law and facts
C. Determine questions of law and direct the jury
D. Examine witnesses during the trial
C. Determine questions of law and direct the jury
Explanation: The judge deals with legal issues, rules on evidence, and directs the jury on the law. They do not determine guilt – that is the jury’s role.
What is the purpose of a voir dire in a Crown Court trial?
A. To let the jury discuss the evidence in private
B. To determine guilt or innocence
C. To resolve a disputed issue of fact relevant to a legal argument
D. To give closing speeches to the jury
C. To resolve a disputed issue of fact relevant to a legal argument
Explanation: A voir dire is a trial within a trial held in the absence of the jury to deal with legal admissibility issues.
What happens during the prosecution opening speech in the Crown Court?
A. The prosecution cross-examines witnesses
B. The prosecution outlines the facts and issues in the case
C. The defence is invited to present their opening
D. The jury is directed to return a verdict
B. The prosecution outlines the facts and issues in the case
Explanation: The prosecution introduces the case and explains what the trial is about. They do not argue or give evidence at this stage.
In a Crown Court trial for robbery, the prosecution finishes presenting its case. The defence argues that no witness placed the defendant at the scene and there is no forensic evidence. What is the correct application to make?
A. Voir dire
B. Submission of no case to answer
C. Abuse of process application
D. Closing speech
B. Submission of no case to answer
Explanation: If there’s no evidence upon which a jury could convict, the defence can apply for the case to be stopped under the Galbraith test.
When can a submission of no case to answer be made in a Crown Court trial?
A. After the defence gives evidence
B. Before the jury is sworn
C. After the prosecution opening speech
D. After the prosecution case is concluded
D. After the prosecution case is concluded
Explanation: This is known as a ‘half-time’ submission and is made if the evidence is insufficient to continue.
During trial, the prosecution wants to introduce a confession. The defence alleges it was obtained unfairly. What is the appropriate step before the confession can be ruled admissible?
A. Closing speech
B. Jury instruction
C. Voir dire
D. Cross-examination
C. Voir dire
Explanation: A voir dire is held to resolve disputed facts when admissibility of a confession is challenged under s.76 or s.78 PACE.
Twelve jurors are selected and seated. Before they are sworn, the defendant wishes to object to one of the jurors. When should this be raised?
A. After the prosecution opening
B. After the defence evidence
C. Before the oath or affirmation is made
D. After the judge’s summing up
C. Before the oath or affirmation is made
Explanation: The defendant can object to jurors before they are sworn in.
The prosecution opens its case with emotive language, describing the defendant as “pure evil.” What should the defence do?
A. Wait for closing speeches
B. Make a voir dire
C. Object to the judge immediately
D. Raise the issue in their opening
C. Object to the judge immediately
Explanation: Emotive or prejudicial language is not permitted and can be challenged for fairness.
A judge allows a voir dire to take place regarding a disputed confession. After hearing evidence from the officers and the defendant, the judge rules the confession is admissible. Can the defence still raise concerns with the jury?
A. No, the voir dire result is final
B. Yes, but only if the prosecution agrees
C. Yes, they can challenge the weight and reliability of the confession
D. No, unless new evidence emerges
C. Yes, they can challenge the weight and reliability of the confession
Explanation: Even if a confession is ruled admissible, the defence can still argue before the jury that it should not be believed.
In a trial for GBH, the defence alleges an alibi. The judge asks the defence to clarify issues in dispute. What is the correct legal principle here?
A. The defence must prove the alibi beyond reasonable doubt
B. The prosecution must disprove the alibi beyond reasonable doubt
C. The judge must decide if the alibi is truthful
D. The alibi cannot be discussed until closing speeches
B. The prosecution must disprove the alibi beyond reasonable doubt
Explanation: The burden remains on the prosecution to disprove a properly raised alibi.
What is required before the jury can be sworn in at the Crown Court?
A. Defendant must confirm plea
B. Legal arguments must be completed
C. Jury panel selection takes place
D. The judge gives the summing-up
C. Jury panel selection takes place
Explanation: A panel of around 16 people is brought into court and 12 are selected at random before being sworn in.
When can a judge give a majority direction?
A. Immediately after closing speeches
B. After at least 2 hours and 10 minutes of deliberation
C. Before the jury retires
D. Only if the defence requests it
B. After at least 2 hours and 10 minutes of deliberation
Explanation: This time accounts for practical delays and is set by the Criminal Practice Direction VI Trial 26Q.
What is the judge’s primary responsibility in a Crown Court trial?
A. Deciding guilt
B. Summoning the jury
C. Deciding legal issues and directing the jury on law
D. Taking notes on the evidence
C. Deciding legal issues and directing the jury on law
Explanation: The judge is the arbiter of the law and must explain the law and legal issues to the jury.
When can the defence make an opening speech in the Crown Court?
A. Only when representing themselves
B. Always, regardless of witness evidence
C. Only if calling other factual witnesses besides the defendant
D. Only if the judge permits it
C. Only if calling other factual witnesses besides the defendant
Explanation: The defence may make an opening speech only if they call factual evidence other than the defendant’s.
D decides not to give evidence in his trial. His solicitor confirms D has been properly advised. What may the jury be told?
A. D must be presumed guilty
B. No comment interviews can now be excluded
C. They may draw proper inferences from D’s silence
D. The trial must be stopped
C. They may draw proper inferences from D’s silence
Explanation: Under s.35 CJPOA 1994, the jury can draw inferences if the defendant chooses not to give evidence.
During deliberations, the jury sends a note asking for clarification of the offence’s elements. What should the judge do?
A. Provide directions in the retirement room
B. Refuse to answer the question
C. Provide directions in open court
D. Tell them to reread the indictment
C. Provide directions in open court
Explanation: Any clarification of law or issues must be done in open court with all parties present.
D is on trial for GBH with intent under s.18 OAPA. The jury is unsure on intent but convinced D caused GBH. What can they do?
A. Return no verdict
B. Find D guilty of attempted GBH
C. Convict D of assault only
D. Convict D of the lesser offence under s.20 OAPA
D. Convict D of the lesser offence under s.20 OAPA
Explanation: s.20 is an included offence of s.18 (same harm, but no intent), so the jury may return a verdict on the lesser charge.
In a long, multi-defendant fraud trial, the jury has deliberated for several days. The judge is considering giving a majority direction. What is the key consideration?
A. Whether the foreman requests it
B. If 2 hours and 10 minutes have passed
C. Whether all defendants agree
D. Whether the court thinks a reasonable time has passed
D. Whether the court thinks a reasonable time has passed
Explanation: The judge must be satisfied that the jury has had sufficient time to deliberate given the complexity of the case.
