Trial procedure in the magistrates' court and Crown court Flashcards
What is the mode of address in person for lay magistrates?
Sir or Madam or your worships
What is the mode of address in person for a district judge?
Judge
What is the mode of address in person for a circuit judge (including recorders and deputy circuit judges)?
Your Honour
What is the mode of address for a high court judge?
Mr Lord or My Lady
What should a person do upon entry and exit from a courtroom?
Bow to the Royal Coat of Arms which sits behind the Judge or Magistrates
When should someone stand in court?
- 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
Where should the defence and prosecution sit in a Crown Court?
The defence nearest the jury and the prosecution nearest the witness box
When is a person competent?
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
When may a person not be competent?
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
If an objection to the competence of a witness is made, which party has the burden to prove the witness’ competence?
The party calling the witness on the balance of probabilities
Is a defendant or co-defendant competent for the prosecution?
No unless the co-defendant has pleaded guilty, been acquitted or the trials severed and then they are
Are all witnesses compellable?
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
What is are the specified offences in which make a spouse compellable?
- 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
When may special measures be permitted for a witness?
To assist if they are vulnerable or intimidated
What is the two stage test that needs to be considered for special measures?
- is the witness eligible for special measures on the grounds of vulnerability or intimidation?
- would any of the special measures available be likely to improve the quality of the evidence by the witness?
What is the trial judge required to do in relation to special measures?
To warn the jury that any special measures used in the trial must not prejudice the defendant
What is considered to be vulnerable?
- 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
What is considered an intimidated witness?
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
What must the court consider when making the determination as to whether a witness is intimidated?
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
Are any witnesses automatically eligible for special measures?
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
When can there be a submission of no case to answer?
A the close of the prosecutions case, the defendant may make a submission of no case to answer
What is a submission of no case to answer?
It is a submission to persuade the judge to stop the case because of the weakness of the prosecution’s evidence
What are the tests for submissions of no case to answer?
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
When can a submission of no case to answer be heard until after the court has heard all the evidence including defence evidence?
When the defendant has been charged with murder, manslaughter, attempted murder, s18 or s20
What happens if the defence is successful in their submission of no case to answer?
The defendant is formally acquitted and discharged
What is a leading question?
Often one that the answer can only be yes or no
When can leading questions be used?
Cross-examination or in examination in chief if the witness is hostile
