Trial Procedure - Magistrates And Crown

Question 1

What is the order of events in a magistrates court?

Answer 1

Opening speech by solicitor CPS
Prosecution witnesses called in turn to give evidence
Each witness examined in chief by prosecution solicitor
Cross examined by D solicitor
Re-examine if want
Possible submission of no case to answer by defendnat solicitor
Defence witnesses
Cross examine
Re exams
Prosecution closing speech
Closing speech defendant solicitor
Magistrates retire to reach vertidct
Magistrates deliver verdict
If guilty, magistrates will either sentence D or adjourn setnence until pre-sentence reports.

Question 2

When must witnesses give sworn evidence?

Answer 2

Anyone over the age of 14

Question 3

What is a voir dire

Answer 3

Whenever there is a conflict on the admissibility of a particualr piece of evidence in dispute, it is a hearing to discuss it.

Question 4

What is the issue with voir dire in a magistrates court

Answer 4

The magistrates determine both fact and law, therefore still hold an influence over them.

Question 5

What is a submission of no case to answer?

Answer 5

The prosector bears an evidential burden. This burden is to prevent sufficient evidence to the court to justify a finding of guilt. If the prosecutor FAILS to satisfy this burden, the defendant solicitor should make a submission of no case to answer at the conclusion of the prosecution case.

Question 6

What are the 2 circumstnaces where no case to answer submission is requested?

Answer 6

If the prosecution has failed to put forward evidence to prove alleged offence

Evidence has been so discredited as a result of cross-examination, or manifestly unreliable, that no reasonable tribunal could safety conduct on it.

Question 7

Is the defender competent and compellable?

Answer 7

A defendant is a COMPETENT witness, but is NOT compellable.

This means D can give evidence on his OWN behalf, but is not obliged to.

Question 8

What should the closing speech entail?

Answer 8

Should be kept short and to the point, must always remind magistrates that CPS bears the burden of proving beyond reasonable d out.
About persuasion
Refer back to opening speech by prosector, and emphasis weak points.

Question 9

What is the trial process in the crown court?

Answer 9

Jury will be sworn in (empanelled) , 12 members between 18-75
Prosecutor opening speech to jury
Each prosection case called in turn,
Cross examined
Re-examined
Any disputes as to points of law, voir dire held
Conclusion, defence counsel may make submission of no case to answer - Galbraith test
If successful, jury is asked to return and return verdict of not guilt.
If unsuccessful, defence then presents defendants case, calling witnesses, and opening speech.
Defendant will be called FIRST. If not, adverse inferences.
At conclusion of defence, both prosecuting and defence advocates will deliver closing speech to jury.
Jury return after summing up, then judge directs duty on the law.

Question 10

What willl the judge tell the jury as teh summary of the evidence>

Answer 10

Succulent summary of issues of fact
Accurate and concise summary of evidence
Correct statement of inferences
Jury retire to consider verdict
If jury cannot reach majority, judge will discharge the jury

Question 11

What must the verdict of jury be>

Answer 11

Unanimously, although a majority verdict of 11:1 or 10:2 is accepted after 2 h 10 min.

If case was lengthy and complex, judge will wait longer.

If any jurors have been discharged, majority verdict will reflect this. 10:1, 9:1, after than - must be unanimous.

Question 12

What are the modes of address for court?

Answer 12

Magistrates court: your worships, more common just sir or madam

Crown court - your honour

Question 13

What is the reason for examination in chief?

Answer 13

Allow a witness to tell their story. Open, NON-LEADING questions only.

Question 14

What is the reason for cross-examination?

Answer 14

3 main purposes:

Enable party to put their case to the witness
Undermine the credibility of the evidence which the witness has given in examination-in-chief
To obtain favourable evidence from the witness that supports your case

Close questions/leading questions.

Question 15

What questions must be asked during re-examination?

Answer 15

Only in relation to matters that came up with cross examination, and only open, non-leading questions are allowed.

Question 16

What is the general rule of competence?

Answer 16

Al persons are competent to give evidence at a criminal trial- genearl rule.

Question 17

What is the rule of compellability ?

Answer 17

Witness can be compelled to testify by court, issuing a witness summons. Failing to attend is contempt of court.

Question 18

What are the exceptions to the general rule on competence?

Answer 18

A person is NOT competent to give advice if they are unable to :

• understand questions put to them
• give answers to them which can be understood

Eg children and those with defective intellect.

Question 19

What are the exceptions to the general rule on compellability?

Answer 19

The accused:
NOT a competent witness for CROWN.
4 situations wehre the prosection may be allowed to call co-accused:
- attorney general files Noelle prsequi
- order may be made
- accused may be formally acquitted
- accused may plead guilty and may then give evidence

As a witness for a co-accused: competent, NOT compellable.

In his OWN defence: competent to give evidence, but NEVER compellance. Adverse inference

The spouse of the accused:

For crown: only compellable for crown in limited cases- specific offences. For any other offence, cannot be compelled.
Specific offences: where offence involves assault or injury or threat to spouse or person under 16 , or,
Where charge is sexual offence, or attempted offence under 16

For accused: compellance

For co-accused: only compellable in same limited class of specified offences

Where spouses are co-accused, then one is NEVER compellable for the other.

Question 20

What are the special measures that are induced available to assist witnesses who ight otherwise have difficult in giving evidence?

Answer 20

Screens
Allowngwitness to give evidence for otuside court - link
Cleaning people from court so evidence is in private
Crown court - judge and barristers remove wigs and gowns
Allow witness to be examined in chief before trial
Allow witness to be cross-examined before trial and video recording shown
Allow approved intermediary (speech therapist etc)
Allow witness to use communication aids

Question 21

Who are examples that special measures are implemented into the court ?

Answer 21

Children under age 18
Those with mental or psychical disorder
Those whose evidence is affected by fear or distress
Complainants in sexual offences
Those who are witnesses in specified gun and knife crimes.

Question 22

What is the solicitors duty to the court?

Answer 22

Under a duty to say on behalf of their client what the client would property say, if they had the skills and knowledge to do this - act in best interests of client, and ensure prosection discharges teh o is placed on it of defendants guilt.

Also owes duty of confidentiality to their client.

Also acts in a way that upholds consituttiaonl principle of the rule of law and proper administration of justice, and overriding duty ot to mislead the court.

Question 23

What is the burden and standard of proof?

Answer 23

Propsecution has the burden of proof.
The standard is beyond reasonable doubt

Question 24

What happens if the prosecution do NOT reach the standard of proof in trial?

Answer 24

The defence can submit a no case to answer submission

Question 25

What is the structure of a trial in the magistrates court?

Answer 25

Opening speech by CPS solicitor
Prosecution witnesses called - examined in chief
Cross-examination
Re-examination
Possible submission of no case to answer
Defence witnesses called
Cross examined
Re-examined
Prosecutor can choose to make a closing speech
Closing speech by D solicitor
Magistrates retire to consider verdict
Magistrates deliver verdict

Question 26

What should be included in the opening speeches?

Answer 26

Setting the scene.
Factual details of the charge
Explain relevant substantial law and tell them what the prospection wll need to prove in order to secure conviction.
Outline what the prospection case consists of, summarise evidence.

Question 27

If the defendant was interviewed at a police station, what can be shown in court?

Answer 27

A summary or a full transcript of the interview can be read out in court - unless defendant objects, and the audio recording will be played instead.

Question 28

What happens if there is an argument on the point of law?

Answer 28

Voir dire
Trial within a trial
Witnesses give evidence on matters relevant to admissibility of the evidence. Solicitors wll make legal submissions as to the admissibility of the disputed evidence.

Question 29

When should a submission of no case to answer be made?

Answer 29

If the prosecution has failed to put forward evidence to prove an essential element of the offence, or,

The evidence has been so discredited as a result of cross examination, or so unreliable, that no reasonable tribunal could convict on it

Question 30

What adverse inferences can be given from a Defendant in trial?

Answer 30

If the defendnat failed to give evidence on their own behalf, it is likely to find taht the court will draw an adverse inference from it.

Question 31

What is the order of defence witnesses?

Answer 31

If D wants to give evidence, they must be called first.

This is becuase the D will be in court the whole time, therefore could hear what everyone else says.

Question 32

What is the point of closing speeches?

Answer 32

Allow to sum up the case, defence point of view, point out all weaknesses in prospection case, and to remind court of al points in favour of the defendnat.

Question 33

What is split between the jury and the judge?

Answer 33

Matter of fact and law.

Judge has the law.
Jury has the facts.

Question 34

Can the defendant change their plea form guilty to not guilt?

Answer 34

Defendant must apply, in writing, as soon as practicable, after becoming aware of the grounds for making such an application to change a plea of guilty.

Rule 25.5.

Question 35

What are the main differences between magistrates and crown trial?

Answer 35

Jury will be involved and sworn in.
Prosecutors opening speech will involves more elements to explain to the jury what is going to happen
Voir dire happens without jury present.
Summing up by the judge to the jury
Jury go and decide

Question 36

What 3 areas will the judge direct the jury on the law, as summary after trial?

Answer 36

The burden and standard of proof
The legal requirements of the offence
Any other issues of law and evidence that have arisen during trial - such as Turnbull warnings.

Question 37

When do the advocates remain seated in court?

Answer 37

Juvenile
Video link from prison
Witness appears from link (special measures)
Witnessse are located far and from link (geographical)
Where advocate has requested video link
When bail appeal before judge in crown court

Question 38

What is examination in chief?

Answer 38

Tell their story
Open questions
Non-leading questions

Their version of the events

Beginning and re-examination must both be this

Question 39

What are examples of special measures that are introduced in trial?

Answer 39

Screens
Allowing witness to be outside court by TV link
Clearingpeple from the court, private
Judge and barristers remove their wigs and gowns
Allow video recording before trial
Allow crossexamination before trial
Allow intermediary (speech therapist)
Allow communication aids