Trial in the Crown Court II Flashcards
What are steps 9 to 16 of the Crown Court Trial Procedure?
9) Right to give evidence & adverse inferences
10) Defence opening speech
11) Defence evidence
12) Legal discussions
13) Closing speeches
14) Judge’s summing up
15) Jury bailiffs sworn & jury retire
16) Verdict
What happens if the submission of no case to answer is declined?
The judge will ask the D if they are going to give evidence
What happens if the D says they are not going to give evidence?
Judge will warn them that jury may draw inferences
What should a solicitor do in light of D’s refusal to give evidence?
Must record in writing that D has received advice and decided freely not to testify
When is a defence opening speech given?
Typically if there are other witnesses for the defence other than the defendant
Is a defence opening speech common?
No – rarely used
What is the first step in the defence giving evidence?
The defence advocate will take the D through evidence in chief
What happens once D is taken through evidence in chief?
The prosecution will cross-examine
What happens after D has been taken through evidence in chief if there are other witnesses?
The other witnesses will be examined in chief, cross-examined, and then re-examined in the same order as the defendant.
What happens at the legal discussions part?
Common for jury to be sent out – and the parties to give submissions on legal matters that may have arisen in the course of the trial. These are then presented in the judge summing up.
When can the prosecution make a closing speech?
Where D is legally represented, or has at least one other witness to give factual evidence
When can the D make a closing speech?
Always entitled to make one
Who makes closing speech first?
The Prosecution, followed by the Defendant
What two main topics are included in summing up?
The judge will sum up the law and the facts, separate
In summing up the case to the jury, the judge will deal with?
- Burden and standard of proof
- Ingredients of the offence and any defences
- A written route to verdict
- Other legal directions relevant
- Electing a foreman
- Unanimity
- Separate considerations of counts and D’s if needed
What should the judge provide the jury with?
- A reminder of issues
- A summary of nature of evidence relating to each issue
- A balanced account of the points raised by the parties
- Any outstanding directions
What happens if judge makes an error in summing up?
Either party can draw this to the judge’s attention at its close so that corrections can be made
What will the judge direct the jury at the end of summing up?
The judge is the arbiter of law, they make the decisions on that. But, the jury can come to their own conclusion based on facts, from the evidence.
Who is the foreman?
The person of the jury that delivers the verdict
What is the rule of unanimity for the jury?
At the start, the only verdict the judge can accept is a unanimous verdict.
When is a majority direction allowed?
After they have deliberated for 2 hours and 10 minutes – although will be longer if the case is complex and lot of thought is going into it.
How is a verdict delivered?
Clerk will ask foreman if they have reached a unanimous decision. If yes, they will be asked. What is your verdict?
Can the jury convict of alternative offences?
Yes, if the elements of a lesser crime are fulfilled.
