Trial Procedure - Magistrates And Crown Flashcards

1
Q

What is the order of events in a magistrates court?

A

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.

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2
Q

When must witnesses give sworn evidence?

A

Anyone over the age of 14

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3
Q

What is a voir dire

A

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

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4
Q

What is the issue with voir dire in a magistrates court

A

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

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5
Q

What is a submission of no case to answer?

A

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.

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6
Q

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

A

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.

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7
Q

Is the defender competent and compellable?

A

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.

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8
Q

What should the closing speech entail?

A

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.

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9
Q

What is the trial process in the crown court?

A

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.

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10
Q

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

A

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

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11
Q

What must the verdict of jury be>

A

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.

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12
Q

What are the modes of address for court?

A

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

Crown court - your honour

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13
Q

What is the reason for examination in chief?

A

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

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14
Q

What is the reason for cross-examination?

A

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.

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15
Q

What questions must be asked during re-examination?

A

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

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16
Q

What is the general rule of competence?

A

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

17
Q

What is the rule of compellability ?

A

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

18
Q

What are the exceptions to the general rule on competence?

A

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.

19
Q

What are the exceptions to the general rule on compellability?

A

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.

20
Q

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

A

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

21
Q

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

A

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.

22
Q

What is the solicitors duty to the court?

A

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.

23
Q

What is the burden and standard of proof?

A

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

24
Q

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

A

The defence can submit a no case to answer submission

25
Q

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

A

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

26
Q

What should be included in the opening speeches?

A

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.

27
Q

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

A

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.

28
Q

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

A

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.

29
Q

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

A

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

30
Q

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

A

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.

31
Q

What is the order of defence witnesses?

A

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.

32
Q

What is the point of closing speeches?

A

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.

33
Q

What is split between the jury and the judge?

A

Matter of fact and law.

Judge has the law.
Jury has the facts.

34
Q

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

A

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.

35
Q

What are the main differences between magistrates and crown trial?

A

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

36
Q

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

A

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.

37
Q

When do the advocates remain seated in court?

A

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

38
Q

What is examination in chief?

A

Tell their story
Open questions
Non-leading questions

Their version of the events

Beginning and re-examination must both be this

39
Q

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

A

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