Trial in the Crown Court I Flashcards
How many jury members are there?
12
Is the Crown Court clerk legally qualified?
No – does not give legal advice
What is the Crown Court clerk responsible for?
Selecting and taking verdicts from jury, arraigning D’s, other administrative functions.
Which judges sit in the Crown Court?
- Circuit Judges
- Recorders
- High Court Judges
What are Circuit Judges referred to as?
Your honour
What are recorders referred to as?
Your honour
What are High Court Judges referred to as?
My Lord, My Lady
What is the role of the judge?
- Arbiter of law
- Rulings on admissibility of evidence
- Directs jury about matters of law
- Can direct jury to find D not guilty
Can a judge direct a jury to be found guilty?
No, only not guilty
What is the role of the jury?
- Sole decider / arbiter of facts
- Deciding whether D is guilty
- Must accept and apply judge’s directions about law
- Must reach decision based on evidence only from in court
Who draws inferences on D’s conduct / silence?
The jury
How many clear steps in the Crown Court procedure?
15
What are the first 8 steps?
1) Legal arguments
2) Jury selection
3) Judge’s preliminary instructions
4) Prosecution opening speech
5) Defence identify matters in issue
6) Prosecution evidence
7) Conclusion of prosecution case
8) Submission of no case to answer
What are legal arguments in step 1?
Sometimes, pre-trial hearings specifically deal with legal arguments. Although typically given on first day of trial
What is voir dire?
Mini hearing where judge decides on matters without presence of jury
What could be dealt with in a voir dire?
- Applications relating to bad character
- Hearsay applications
- Application to exclude evidence
- Abuse of process applications
What is the process for selecting jury?
A jury panel of 16 chosen, of which 12 are selected. D has the right to object to any.
What is the judge’s preliminary instructions to jury?
- Matters of law are for judge
- Must not discuss evidence with anyone else who may have a view but will not have heard the evidence
What is the prosecution opening speech?
- Focused on facts and issues in case
- What areas of dispute are
- Why prosecution thinks D is guilty
- Prosecutor will tell jury what counts D faces
- Prosecutor should avoid use of overly emotive language
What is the step where defence identify matters in issue?
To help understand case, judge can invite defence to confirm or clarify what the issues in the case are (i.e. what is in dispute)
What is done in prosecution evidence?
Will start by calling witnesses that defence asked to be called. Prosecutor will take witness through evidence in chief. The witness is then cross-examined by D’s legal representative.
When does a witness not need to testify?
If the defence agrees with their witness statement
If defence agrees to witness testimony, what will the judge do?
Tell the jury that it is fine that it is being read out
Will the entire police interview be shown to the jury?
No, key questions and answers are usually edited
What is a submission of no case to answer?
The D can request if the trial evidence is too weak for a fair conviction
When can a judge accept a no case to answer?
Only after hearing prosecution’s arguments
Where does the test for submission of no case to answer come from?
R v Galbraith (1981)
What is the test in no case to answer?
1) No evidence, or
2) Weak evidence – so weak, inconsistent, or unreliable, that no reasonable jury could convict
When could weak evidence be allowed for case to go on?
If evidence is capable of supporting a conviction, even if weak or disputed
