Trial Procedure in Magistrates and Crown Courts

Question 1

Broadly speaking, what are the 9 stages of a criminal trial?

Answer 1

1. P’s opening speech
2. P calls witnesses
3. D makes an application of no case to answer (if applicable)
4. D calls witnesses
5. Judge sums up evidence (Crown Court only)
6. Jury deliberate (Crown Court only)
7. Bench/judge/jury (depending on court) deliver verdict
8. If guilty, pre-sentence reports may be ordered
9. Bench/judge passes sentence (Mag Court only)

Question 2

What is a submission of no case to answer?

What happens if the submission is successful or it fails?

Answer 2

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

Question 3

Is a submission of no case to answer heard in front of the jury?

Answer 3

No - just the judge

Question 4

When is examination-in-chief used?

Answer 4

To question a W by the party who called them to give evidence

Question 5

Can leading questions be asked in examination in chief?

Answer 5

Generally no - only on matters which are introductory or not in dispute

Question 6

Can examination in chief ask non-leading questions?

Answer 6

Yes

Question 7

When is cross-examination used?

Answer 7

To question a W by a party other than the one who called the W (usually the opposing party)

Question 8

Can leading questions be asked during cross-examination?

Answer 8

Yes

Question 9

What is meant by competence of a witness?

Answer 9

The legal capacity of a person to be a witness, allowing them to give evidence in court

Question 10

Generally, every person of sound _____ and sufficient ________ is competent as a witness

Answer 10

mind, understanding

Question 11

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

Answer 11

understand, answers

Question 12

What is meant by compellability of a witness?

Answer 12

A witness who may lawfully be required to give evidence

Question 13

In principle, every person who is _______ to be a witness is _________

Answer 13

competent, compellable

Question 14

Can P compel D to give evidence in a criminal case?

Answer 14

No - but D can choose to testify, meaning they’re subject to cross-examination by P

Question 15

Is a spouse/civil partner of a Defendant:
1. Competent
2. Compellable

for the Defence?

Answer 15

1. Competent - Yes
2. Compellable - Yes

Not compellable if spouse/CP is a co-defendant

Question 16

Is a spouse/civil partner of a Defendant:
1. Competent
2. Compellable

for the Prosecution?

Answer 16

1. Competent - Yes
2. Compellable - No

Question 17

Is a co-defendant:
1. Competent
2. Compellable

for the Prosecution?

Answer 17

1. Competent - No
2. Compellable - No

Question 18

Is a co-defendant:
1. Competent
2. Compellable

for the Defence?

Answer 18

1. Competent - Yes
2. Compellable - No

Question 19

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?

Answer 19

The co-defendant becomes an ordinary witness

Ordinary witnesses are competent and compellable for both the prosecution and the defence

Question 20

When may D’s spouse/civil partner be compelled to testify for P (3 situations)?

Answer 20

1. Offence involves assault, injury, threat of injury to them or a child under 16
2. Sexual offence on a child under 16
3. Attempting, conspiring, aiding, or abetting any of these 2 crimes

Question 21

A spouse/CP will not be compellable or competent for their spouse as a D if they are _______ _______ ____ _

Answer 21

jointly charged with D

Question 22

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?

Answer 22

Yes

Question 23

Give 5 examples of special measures that may assist a certain witnesses in giving evidence?

Answer 23

1. Screen between W and D
2. Testimony through video link
3. Court officers removing their wigs and gowns
4. Give evidence in private
5. Pre-record testimony

Question 24

Give 5 examples of witnesses who may be granted special measures

Answer 24

1. Under 18
2. Disabled Ws
3. Fearful of giving evidence
4. Allege sexual assault by D
5. Knife/gun charges

Question 25

What is the modes of address for Individual magistrates in the Magistrate’s Court?

Answer 25

Judge

Question 26

What is the modes of address for the bench collectively in the Magistrates Court?

Answer 26

Your Worship

Question 27

What is the modes of address for a District Judge?

Answer 27

Judge

Question 28

What is the modes of address for a judge in the Crown Court?

Answer 28

Your Honour

Question 29

What is the modes of address for referring to a Crown Court Judge in the third person?

Answer 29

His or Her honour

Question 30

What can a solicitor do if they know D has told them they’re guilty but they still want to plead not guility?

Answer 30

Test the strength of P’s evidence to try and cast reasonable doubt

Question 31

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?

Answer 31

No

Question 32

A solicitor is under a duty to assist the court on _____ __ ____, even if this goes against D’s _______

Answer 32

points of law, interests

Question 33

Can a solicitor represent co-defendants with conflicting interests or if one later arises?

Answer 33

No