Trial procedure (in Magistrates + CC) Flashcards
D will make a submission of no case to answer if…
- the prosecution failed to give evidence to prove an essential element of the offence, or
- prosecution’s evidence was so discredited by cross-examination, or so manifestly unreliable, that no reasonable tribunal could safely convict
Is D a competent + compellable witness?
Competent, but not compellable
Does D’s solicitor make the opening or closing speech in Magistrates?
Can choose- always chooses closing
When does the prosecution make a closing speech in the Magistrates?
Only if it’d assist the court, in a complex case
Number of jurors + conditions for being a juror in CC
12 jurors
Must be 18-75, name on electoral roll, and resident in UK for at least 5 years
When can D’s counsel make an opening speech at the start of D’s evidence in the CC?
If D will call at least 1 witness besides D
Who makes the closing speeches in the CC?
Prosecution, then D
How must the jury’s verdict be made?
Unanimously
Unless deliberations lasted at least 2 hours and 10 minutes, in which case a 11:1 or 10:2 majority will be accepted
10:1 or 9:1 is also acceptable, but if 9 or less jurors, it must be unanimous
How to address:
Magistrates,
District judge,
CC judge
Magistrates: your worships
District judge: sir/madam
CC judge: your honour
General rule on competence + compellability
Everyone is competent to give evidence
Everyone that’s competent is also compellable
When is D’s spouse compellable as a witness for the prosecution or a co-D?
2 categories of “specified offences”:
- offences of assault/injury/threat to the spouse/anyone under 16, or
- sexual offences/attempt of person under 16
When is a witness automatically eligible for special measures?
If it’s a complainant in a sexual offence
What must be considered before allowing a witness to use a written statement instead of oral evidence?
If special measures could be used
