Trial procedure in mags' & Crown Court Flashcards
When do witnesses giving evidence not swear an oath?
If under 14
What are the 7 stages of a criminal trial in the mags?
- Opening speech by prosecution
- Prosecution witnesses give evidence
- Possible submission of no case to answer by defence
- Defence witnesses give evidence (defendant called first)
- Prosecution may make closing speech
- Defence make closing speech
- Mags deliver verdict ==> if found guilty, sentenced; if acquitted, formally discharged
Is the defendant obliged to give evidence on their own behalf?
No - defendant is competent witness for defence but not compellable (but adverse inferences may be drawn under s35 CJPOA)
What are the 2 possible grounds for making a submission of no case to answer?
(a) Prosecution has failed to put forward evidence to prove essential element of the case
or
(b) Prosecution evidence has been so discredited by cross-examination or is so manifestly unreliable that no reasonable tribunal could safely convict on it
What are the stages of a criminal trial in the Crown Court? (11)
i. Jury sworn in
ii. Opening speech by prosecution
iii. Prosecution witnesses give evidence
iv. Possible submission of no case to answer by defence
v. Opening speech by defence
vi. Defence witnesses give evidence (defendant called first)
vii. Closing speech by prosecution
viii. Closing speech by defence
ix. Summing up by judge (on law & fact)
x. Jury retire to consider verdict
xi. Verdict announced
What is the exception to the rule that the jury verdict must be unanimous?
A majority verdict of 11:1 or 10:2 will be accepted if unanimity not possible after min 2hrs 10 mins
(if case lengthy or complex, judge likely to wait much longer)
–> If jury can’t reach majority verdict within reasonable time, judge will discharge jury
If the defendant is the only witness in the Crown Court, is the defence entitled to give an opening speech?
No - only entitled to give opening speech if defendant isn’t only witness
What are the modes of address in the magistrates & crown court?
Magistrate & District Judge: ‘Sir / Madam’
Crown Court: ‘Your Honour’
Leading or non-leading qs in
- Examination-in-chief
- Cross-examination
- Re-examination
Examination-in-chief: Non-leading, open qs only
Cross-examination: Leading qs
Re-examination: Non-leading qs only (in relation to matters that have arisen in cross only)
What are competence & compellability?
COMPETENCE: witness competent if can lawfully be called to give evidence
COMPELLABILITY: witness compellable if may lawfully be required to give evidence
What is the general rule & exception about competence?
General rule: all persons are competent to give evidence in a criminal trial
Exception: person is not competent if they are unable to understand qs put to them & give intelligible answers
Are children competent witnesses?
Yes, so long as can give intelligible testimony
(Children under 14 will not give sworn evidence)
What is the general rule about compellability?
All persons are compellable to give evidence at a criminal trial
Is the defendant compellable:
- As a witness for the Crown
- As a witness for a co-accused
- In their own defence?
Witness for Crown: not competent or compellable (but 4 exceptions when can be called to testify against co-accused)
Witness for co=accused: competent but not compellable
In own defence: competent but not compellable (adverse inferences may be drawn)
What are the 4 exceptions when a defendant can be called by the prosecution to testify against a co-accused?
- AG files nolle prosequi (formal notice abandoning prosecution)
- Order made for separate trials
- Accused formally acquitted
- Accused pleads guilty & then gives evidence for Crown against co-accused after sentencing
