Trial - Jury Trial - Prosecution Flashcards
When can legal arguments be heard in the Crown?
Before or after the jury is sworn, though often dealt with at pre-trial hearing or at the start of trial
Why is it preferable to resolve legal arguments early?
So the prosec knows what evidence it can refer to in its opening speech and whether the trial can proceed at all.
What happens if the only prosecution evidence is ruled inadmissible?
The prosec may offer no evidence, resulting in not guilty verdict being entered
What should the prosec not refer to in the opening speech?
Evidence whose admissibility is disputed, until the judge rules it admissible
Defence identity matters in issue - what may the judge ask the defence to do at this stage?
Confirm or clarify which matters are in issue, to help the jury understand the focus of the case.
What happens if the Defence refuses to clarify the issues?
The Defence statement may be given to the jury, suitably edited to remove inadmissible or prejudicial material.
Why is early clarification of issue important?
It allows the judge to give helpful legal directions (eg. Turnbull guidance in ID cases)
Which witnesses must the prosec call?
Those the defence has requested for cross (usually listed at the PTPH)
Can prosec choose not to call a witness requested by the defence?
Only with good reason - discretion must be exercised properly and fairly
When can a witness statement be read instead of calling the witness?
If defence does not dispute the contents, and the court agrees.
What must the judge do before a statement is read to the jury?
Explain that this is agreed evidence and the jury may rely on it just like live evidence
Can witness statements be edited before reading?
Yes - to remove irrelevant or inadmissible material, with agreement from the defence
What is a ROTI?
A record of taped interview, edited to show only the relevant questions and answers, read aloud to the jury
Can the defence be compelled to confirm or clarify for the jury what precisely is in dispute?
No - but refusal is likely to result in the judge directing that the jury are given a copy of the defence statement
