Trial in the crown court Flashcards
What is the Crown Court trial procedure primarily concerned with?
Determining the guilt of a defendant who pleads ‘not guilty’ through the hearing of evidence.
Most defendants plead guilty, with around 90% in magistrates’ courts and 60% in the Crown Court.
What are Crown Court trials also referred to as?
‘Trials on indictment’.
Indictable offences can be either-way or indictable only.
What types of offences can be tried in the Crown Court?
Indictable offences, including:
* Murder
* Attempted murder
* Manslaughter
* Causing grievous bodily harm with intent
* Robbery
The Crown Court is the only court where indictable only offences can be tried.
How does the Crown Court differ from a magistrates’ court?
The Crown Court has space for a jury of 12 people and is larger to accommodate public observers and legal representatives.
The court clerk in the Crown Court is not legally qualified and has different responsibilities.
Who are the judges that sit in the Crown Court?
Judges include:
* Circuit Judges
* Recorders
* High Court Judges
Circuit Judges wear violet and black robes; Recorders wear black robes; High Court Judges wear red robes.
What is the role of the judge in a Crown Court trial?
The judge serves as the arbiter of the law, makes rulings on evidence admissibility, and directs the jury on legal matters.
The judge cannot direct a jury to find a defendant guilty.
What is the jury’s role in a Crown Court trial?
The jury is the sole decider of facts and must reach a decision based solely on the evidence presented in court.
They must apply the judge’s legal directions.
List the steps in the Crown Court trial procedure covered in this element.
Steps include:
* Legal arguments
* Jury selection and swearing in
* Judge’s preliminary instructions
* Prosecution opening speech
* Defence identifying matters in issue
* Prosecution evidence
* Conclusion of the prosecution case
* Submission of no case to answer
This covers steps 1-8.
What is a voir dire?
A procedure for the judge to resolve a factual dispute relevant to a legal argument, conducted in the absence of the jury.
Common legal arguments include applications relating to bad character and hearsay.
How are jurors selected in the Crown Court?
Twelve jurors are chosen at random from a jury panel of about 16 people.
The defendant can object to any juror before they take the jury oath.
What must the judge explain to the jury before they begin deliberations?
The jury must not discuss the evidence with anyone who has not heard it and that matters of law are for the judge alone.
The jury will be asked to leave during legal applications.
What is included in the prosecution opening speech?
The speech focuses on the facts of the case, areas of dispute, and why the prosecution believes the defendant is guilty.
The prosecutor should avoid overly emotive language.
What happens at the conclusion of the prosecution case?
The case for the Crown is concluded, and the judge may direct a jury to acquit if the evidence is insufficient.
This is known as a submission of no case to answer.
What is the significance of the defendant’s right to give evidence?
The defendant can choose to testify, but failure to do so may lead to adverse inferences being drawn by the jury.
This is governed by s 35 of the Criminal Justice and Public Order Act 1994.
What must occur before the defence case can start?
The judge will ask if the defendant is going to give evidence, and if not, whether they have been advised of the implications.
The defence advocate should record the defendant’s decision not to testify.
What is the common practice after the defence case is closed?
The jury is often sent out to allow legal discussions among the judge and advocates about matters of law for the summing up.
This helps to prevent appeals due to legal errors.
What is included in the judge’s summing up?
The summing up includes:
* Legal directions
* Burden and standard of proof
* Ingredients of the offence
* Route to verdict
The judge must ensure clarity for the jury’s deliberation.
What does the jury need to do before delivering their verdict?
The jury must appoint a foreman to deliver their verdict.
The jury must also reach a unanimous decision unless instructed otherwise.
What should the judge remind the jury of during retirement?
The issues at hand, a summary of the evidence, a balanced account of points raised by the parties, and any outstanding directions.
What is the role of the foreman in a jury?
To deliver the jury’s verdict in due course.
What type of verdict can the judge accept from the jury?
A unanimous verdict.
What happens if the jury is allowed to give a majority verdict?
The judge will call the jury back into court and provide further direction.
What is the function of jury bailiffs?
To keep the jury in a private and convenient place and manage communication with the court.
How long must a jury deliberate before a majority verdict can be accepted?
At least 2 hours, but typically 2 hours and 10 minutes.
What factors determine the reasonableness of the jury’s deliberation time?
The nature and complexity of the case.
What should the jury inform the jury bailiff once they reach a verdict?
Their verdict.
What will happen if the jury has not received a majority direction?
The court clerk will ask if the jury has reached a unanimous verdict.
What can a jury do in certain circumstances regarding alternative offences?
Convict of a lesser offence that is an alternative to a count on the indictment.
What is an example of a lesser offence included in a greater offence?
Inflicting grievous bodily harm contrary to s 20 Offences Against the Person Act 1861 is an alternative to causing grievous bodily harm with intent, contrary to s 18 Offences Against the Person Act 1861.
What happens to a defendant who is found guilty?
They will either be sentenced immediately or the case will be adjourned for sentencing.
What happens to a defendant who is acquitted?
They will be discharged and free to leave the court.
What aspects of Crown Court trial procedure are summarized in the text?
- 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
Fill in the blank: The defence right to give evidence or not is up to the _______.
[defence closing speech]
