Trial Procedure

Question 1

How should magistrates be addressed?

Answer 1

With ‘Sir’ or ‘Madam’

Question 2

How should a district judge be addressed?

Answer 2

With ‘Sir’ or ‘Madam’

Question 3

How should a judge in the Crown Court be addressed?

Answer 3

With ‘Your Honour’

Question 4

How should one refer to the opposing advocate?

Answer 4

As ‘my friend’

Question 5

How should one refer to the opposing advocate if they are a barrister?

Answer 5

As ‘my learned friend’

Question 6

What is the etiquette when entering or leaving court?

Answer 6

To bow to the judge or magistrates.

Question 7

What is the etiquette when the judge or magistrates enter or leave the court?

Answer 7

All those in court will be required to stand up when the judge or magistrates enter or leave the court.

Question 8

What must one do when they are addressing the court or examining witnesses in the open court?

Answer 8

He is required to stand

Question 9

When is a criminal advocate allowed to remain seated?

Answer 9

When representing a juvenile client in the youth court;

Where a defendant appears via videolink from prison;

Where a witness appears via secure link, normally because of special measures

Where witnesses are located far from court (especially police officers) and need to give
evidence via videolink;

Where an advocate has requested to appear over videolink (the court videolink facility is called CVP or Cloud Video Platform);

When making a bail appeal before a judge in chambers in the Crown Court

Question 10

What is the general rule for competence and compellability?

Answer 10

At every stage in criminal proceedings, all persons are (whatever their age) competent to give evidence.

All competent people are also compellable.

Question 11

What are the exceptions to the general rule on competence?

Answer 11

A person is not competent to give evidence in criminal proceedings if it appears to the court that he is not a person who can understand questions put to him as a witness and give answers to them that can be understood.

Question 12

Is the accused competent to be a witness for the Crown?

Answer 12

A person charged in criminal proceedings is not competent to give evidence in the proceedings for the prosecution even if they are called to testify against a co-accused.

Question 13

What are the four situations where the prosecution may be be allowed to call a co-accused?

Answer 13

The Attorney-General may file a nolle prosequi (a formal notice abandoning the prosecution).

An order may be made for separate trials but note that in such a case, a co-accused from
the first trial may be called at the second, but not vice versa.

The accused may be formally acquitted, for example if the prosecution offers no evidence.

The accused may plead guilty and may then give evidence for the Crown against a co-accused; it is usually considered desirable that the accused should be sentenced first before giving evidence.

Question 14

Is an accused compellable as a witness for a co-accused or for their own defence?

Answer 14

No

Question 15

When is the spouse of an accused compellable for the Crown or a co-accused?

Answer 15

Where the offence charged involves an assault on or injury or threat of injury to the spouse or a person who was under l6; or

where the charge is a sexual offence, or such an attempted offence involving a person under l6 or aiding and abetting such offences.

Question 16

Is a spouse of the accused compellable for the accused?

Answer 16

Yes.

Question 17

What happens where spouses are co-accused with regards to compellability?

Answer 17

One is never compellable for the other but they will be compellable if they are no longer married at the date of trial.

Question 18

What categories of witnesses may apply to the court for the assistance of special measures?

Answer 18

Children aged under 18;

Those suffering from a mental or physical disorder, or having a disability or impairment
that is likely to affect their evidence;

Those whose evidence is likely to be affected by their fear or distress at giving evidence in
the proceedings;

Complainants in sexual offences;

Those who are witnesses in specified gun and knife crimes.

Question 19

Which category of witnesses is automatically eligible for special measures?

Answer 19

Complainants in sexual offences.

Question 20

What are the types of special measures that may be used?

Answer 20

Screens, to ensure that the witness does not see the defendant;

Allowing a witness to give evidence from outside the court by live television link, and
where appropriate, allowing a witness supporter to accompany the witness whilst giving
evidence;

Clearing people from the court so evidence can be given in private;

In a Crown Court case, the judge and barristers removing their wigs and gowns;

Allowing a witness to be examined in chief before the trial and a video recording of that
examination- in- chief to be shown at trial;

Allowing a witness to be cross- examined (and re- examined) before the trial and a video
recording of this to be shown at trial;

Allowing an approved intermediary (such as an interpreter or speech therapist) to help awitness communicate when giving evidence at the court; and

Allowing a witness to use communication aids, such as sign language or a hearing loop.

Question 21

What warning must the trial judge give to the jury when special measures are in place?

Answer 21

The fact that special measures have been used should not in any way prejudice them against the defendant or give rise to any suggestion that the defendant has behaved in any way improperly towards the witness.

Question 22

What are the solicitor’s duties to the court?

Answer 22

The solicitor must say on
behalf of their client what that client would properly say, were they to have the necessary skills
and knowledge to do this.

Even if a client admits their guilt to the solicitor, it would
still be appropriate for the solicitor to put the prosecution to proof of its case if the solicitor
considered that case to be weak.

A solicitor cannot ay anything in their client’s defence which they know to be untrue.

If the defendant’s solicitor has to cease to act for their client, the defence solicitor must not tell the court why they are ceasing to act.

A solicitor must not rehearse or coach witnesses in relation to their evidence, or in the way in which that evidence should be given.