Trial Procedure - Magistrates And Crown Flashcards
What is the order of events in a magistrates court?
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.
When must witnesses give sworn evidence?
Anyone over the age of 14
What is a voir dire
Whenever there is a conflict on the admissibility of a particualr piece of evidence in dispute, it is a hearing to discuss it.
What is the issue with voir dire in a magistrates court
The magistrates determine both fact and law, therefore still hold an influence over them.
What is a submission of no case to answer?
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.
What are the 2 circumstnaces where no case to answer submission is requested?
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.
Is the defender competent and compellable?
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.
What should the closing speech entail?
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.
What is the trial process in the crown court?
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.
What willl the judge tell the jury as teh summary of the evidence>
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
What must the verdict of jury be>
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.
What are the modes of address for court?
Magistrates court: your worships, more common just sir or madam
Crown court - your honour
What is the reason for examination in chief?
Allow a witness to tell their story. Open, NON-LEADING questions only.
What is the reason for cross-examination?
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.
What questions must be asked during re-examination?
Only in relation to matters that came up with cross examination, and only open, non-leading questions are allowed.