Trial Procedure in Magistrates and Crown Courts Flashcards
Broadly speaking, what are the 9 stages of a criminal trial?
- P’s opening speech
- P calls witnesses
- D makes an application of no case to answer (if applicable)
- D calls witnesses
- Judge sums up evidence (Crown Court only)
- Jury deliberate (Crown Court only)
- Bench/judge/jury (depending on court) deliver verdict
- If guilty, pre-sentence reports may be ordered
- Bench/judge passes sentence (Mag Court only)
What is a submission of no case to answer?
What happens if the submission is successful or it fails?
An application to cease the case because P has not presented enough evidence to amount to a prima facie case
Successful - Judge directs jury to acquit D
Fails - Case continues
Is a submission of no case to answer heard in front of the jury?
No - just the judge
When is examination-in-chief used?
To question a W by the party who called them to give evidence
Can leading questions be asked in examination in chief?
Generally no - only on matters which are introductory or not in dispute
Can examination in chief ask non-leading questions?
Yes
When is cross-examination used?
To question a W by a party other than the one who called the W (usually the opposing party)
Can leading questions be asked during cross-examination?
Yes
What is meant by competence of a witness?
The legal capacity of a person to be a witness, allowing them to give evidence in court
Generally, every person of sound _____ and sufficient ________ is competent as a witness
mind, understanding
W is not competent if it appears they’re not able to _______ questions put to them and give ______ to the court which can be understood
understand, answers
What is meant by compellability of a witness?
A witness who may lawfully be required to give evidence
In principle, every person who is _______ to be a witness is _________
competent, compellable
Can P compel D to give evidence in a criminal case?
No - but D can choose to testify, meaning they’re subject to cross-examination by P
Is a spouse/civil partner of a Defendant:
1. Competent
2. Compellable
for the Defence?
- Competent - Yes
- Compellable - Yes
Not compellable if spouse/CP is a co-defendant
Is a spouse/civil partner of a Defendant:
1. Competent
2. Compellable
for the Prosecution?
- Competent - Yes
- Compellable - No
Is a co-defendant:
1. Competent
2. Compellable
for the Prosecution?
- Competent - No
- Compellable - No
Is a co-defendant:
1. Competent
2. Compellable
for the Defence?
- Competent - Yes
- Compellable - No
What happens to a co-defendant who pleads guilty or when the case against them is dropped?
What is the consequence of this in terms of competence/compellability?
The co-defendant becomes an ordinary witness
Ordinary witnesses are competent and compellable for both the prosecution and the defence
When may D’s spouse/civil partner be compelled to testify for P (3 situations)?
- Offence involves assault, injury, threat of injury to them or a child under 16
- Sexual offence on a child under 16
- Attempting, conspiring, aiding, or abetting any of these 2 crimes
A spouse/CP will not be compellable or competent for their spouse as a D if they are _______ _______ ____ _
jointly charged with D
If a spouse/CP who has been jointly charged with D has their case dropped or pleads guilty, will they become compellable and competent again for D?
Yes
Give 5 examples of special measures that may assist a certain witnesses in giving evidence?
- Screen between W and D
- Testimony through video link
- Court officers removing their wigs and gowns
- Give evidence in private
- Pre-record testimony
Give 5 examples of witnesses who may be granted special measures
- Under 18
- Disabled Ws
- Fearful of giving evidence
- Allege sexual assault by D
- Knife/gun charges
What is the modes of address for Individual magistrates in the Magistrate’s Court?
Judge
What is the modes of address for the bench collectively in the Magistrates Court?
Your Worship
What is the modes of address for a District Judge?
Judge
What is the modes of address for a judge in the Crown Court?
Your Honour
What is the modes of address for referring to a Crown Court Judge in the third person?
His or Her honour
What can a solicitor do if they know D has told them they’re guilty but they still want to plead not guility?
Test the strength of P’s evidence to try and cast reasonable doubt
If D maintains their innocence to their solicitor but pleads guilty to avoid the stress/inconvenience of a trial, can the solicitor put forward anything in mitigation to suggest D didn’t commit the offence?
No
A solicitor is under a duty to assist the court on _____ __ ____, even if this goes against D’s _______
points of law, interests
Can a solicitor represent co-defendants with conflicting interests or if one later arises?
No
