Trial procedure in the magistrates' court and Crown court

Question 1

What is the mode of address in person for lay magistrates?

Answer 1

Sir or Madam or your worships

Question 2

What is the mode of address in person for a district judge?

Answer 2

Judge

Question 3

What is the mode of address in person for a circuit judge (including recorders and deputy circuit judges)?

Answer 3

Your Honour

Question 4

What is the mode of address for a high court judge?

Answer 4

Mr Lord or My Lady

Question 5

What should a person do upon entry and exit from a courtroom?

Answer 5

Bow to the Royal Coat of Arms which sits behind the Judge or Magistrates

Question 6

When should someone stand in court?

Answer 6

• entry and exit of a judge
• when addressing the court (unless the other advocate is standing - only one at a time)
• when questioning a witness

Question 7

Where should the defence and prosecution sit in a Crown Court?

Answer 7

The defence nearest the jury and the prosecution nearest the witness box

Question 8

When is a person competent?

Answer 8

If they are able to be called to give evidence for either the prosecution or the defence. As a general rule, all persons are competent regardless of age or mental infirmary

Question 9

When may a person not be competent?

Answer 9

If it appears to the court they are unable to:
- understand questions put to them as a witness; and
- give answers to them which can be understood

Question 10

If an objection to the competence of a witness is made, which party has the burden to prove the witness’ competence?

Answer 10

The party calling the witness on the balance of probabilities

Question 11

Is a defendant or co-defendant competent for the prosecution?

Answer 11

No unless the co-defendant has pleaded guilty, been acquitted or the trials severed and then they are

Question 12

Are all witnesses compellable?

Answer 12

No, the exceptions are:
- the defendant is not compellable in their own defence
- a defendant is not compellable to give evidence for a co-defendant
- a spouse of the defendant is not compellable for the prosecution or co-defendant unless the defendant is charged with a specified offence but is compellable by the defence

Question 13

What is are the specified offences in which make a spouse compellable?

Answer 13

• an assault on, or injury or threat of injury to the spouse, or a person under the age of 16
• a sexual offence in respect to a person under the age of 16
• attempting or conspiring to commit, aiding, abetting, counselling, procuring or inciting the commission of any of the above offences

Question 14

When may special measures be permitted for a witness?

Answer 14

To assist if they are vulnerable or intimidated

Question 15

What is the two stage test that needs to be considered for special measures?

Answer 15

1. is the witness eligible for special measures on the grounds of vulnerability or intimidation?
2. would any of the special measures available be likely to improve the quality of the evidence by the witness?

Question 16

What is the trial judge required to do in relation to special measures?

Answer 16

To warn the jury that any special measures used in the trial must not prejudice the defendant

Question 17

What is considered to be vulnerable?

Answer 17

• the witness is under 18
• court considers the quality of the evidence is likely to be diminished because the witness suffers from a mental disorder or impairment of intelligence or the witness has a physical disability or is suffering from a physical disorder

Question 18

What is considered an intimidated witness?

Answer 18

The court is satisfied that the quality of the evidence will be diminished by reason of fear or distress as a result of giving evidence

Question 19

What must the court consider when making the determination as to whether a witness is intimidated?

Answer 19

The statutory factors:
- the witness’ age and maturity
- the witness’ ability to understand the consequences of giving evidence in court rather than by video
- any views expressed by the witness

Question 20

Are any witnesses automatically eligible for special measures?

Answer 20

Yes, if the witness is a complainant in a sexual offence case or certain cases involving guns or knives or if the witness is a child their evidence-in-chief MUST be admitted as video-recorded evidence and their cross-examination MUST be conducted by live link

Question 21

When can there be a submission of no case to answer?

Answer 21

A the close of the prosecutions case, the defendant may make a submission of no case to answer

Question 22

What is a submission of no case to answer?

Answer 22

It is a submission to persuade the judge to stop the case because of the weakness of the prosecution’s evidence

Question 23

What are the tests for submissions of no case to answer?

Answer 23

There are three scenarios:
1. there is no evidence that the crime alleged has been committed by the defendant - judge will stop the case
2. where the judge comes to the conclusion that the prosecution’s evidence, taken at its highest, is such that a properly directed jury could not properly convict - just must stop the case
3. where the strength or weakness of the prosecution case is generally a matter for the jury to consider - judge should allow the matter to be tried by the jury

Question 24

When can a submission of no case to answer be heard until after the court has heard all the evidence including defence evidence?

Answer 24

When the defendant has been charged with murder, manslaughter, attempted murder, s18 or s20

Question 25

What happens if the defence is successful in their submission of no case to answer?

Answer 25

The defendant is formally acquitted and discharged

Question 26

What is a leading question?

Answer 26

Often one that the answer can only be yes or no

Question 27

When can leading questions be used?

Answer 27

Cross-examination or in examination in chief if the witness is hostile