Trial Procedures: Summary Trial in MC and Trial on Indictment in CC Flashcards
Magistrates court judges
‘either:
- District judge or Deputy District judge sitting alone = ‘judge’
or
- Bench of 3 Lay magistrates = sir/madam
+
clerks = authorised court officers who assist judges with the relevant law and procedure but take no part in deciding the verdict -
- must be present for lay magistrates
- not required for district judges
Magistrates Court trial procedure
- legal arguments on questions of admissibility heard as a preliminary issue
- prosecution opening speech = briefly identifies law and key facts and disputed matters
- defence identifies matters in issue if judge asks (useful b/c no D statements in MC)
- prosecution evidence
- conclusion of prosecution evidence
- D can apply for no case to answer or court can say there is no case to answer (P evidence taken at its highest is insufficient)
- informing D of their right to give evidence and any potential adverse inferences if they refuse to give evidence or answer
- Defence evidence
- prosecution closing speech ONLY WHERE D IS REPRESENTED or if D INTRODUCED ITS OWN EVIDENCE
- defence closing speech = D always entitled but does not have to
- legal adviser clerk advises magistrates on points of law in OPEN COURT
- judges retire to consider verdict (if they still need help from clerk this must be done in open court)
- verdict announced in open court:
- if there is disagreement between the 3 magistrates the majority prevails
- if there is disagreement between 2 lay magistrates they must adjourn for rehearing before a new bench
- if verdict is guilty = duty to give reasons
what if the bench of magistrates disagrees on the verdict in the MC?
- if there is disagreement between the 3 magistrates the majority prevails
- if there is disagreement between 2 lay magistrates they must adjourn for rehearing before a new bench
how many jury members are there in the CC?
12
role of clerk in CC
similar administrative functions as clerk in MC
BUT:
- not legally qualified and never gives legal advice
- selecting jury and taking verdicts from jury
- responsible for arraigning defendants
role of judge vs jury in CC
judge =
- is the arbiter of law.
- makes rulings about the admissibility of evidence (in the absence of the jury).
- directs the jury about matters of law (e.g., explaining what has to be proved and who by).
- can direct a jury to find D not guilty (for example following a successful submission of no case to answer) but cannot direct a jury to find D guilty.
jury =
- is the sole decider/ arbiter of facts.
- decides whether the defendant is guilty.
- must accept and apply judge’s directions on the law.
- must reach its decision only based on the evidence it hears in court. It will:
- determine whether, and to what extent, the evidence is to be believed; and
- decide whether to draw inferences from the evidence or from a defendant’s silence.
Crown Court trial procedure
1) legal arguments = voir dire eg, bad character, hearsay applications, s76/s78, abuse of process applications
2) jury selection and swearing in
3) judge preliminary instructions to jury = explains role, confidentiality, voir dire, etc.
4) prosecution opening speech
5) defence identifies or clarifies matters in issue if judge asks
6) prosecution evidence
7) conclusion of prosecution case
8) submission of no case to answer
9) D is asked if he will give live evidence + judge tells D of right to give evidence and adverse inferences
10) defence opening speech (not necessary, rare)
11) defence evidence
12) legal discussions
13) prosecution closing speech = only allowed where D is represented or called at least one defence witness other than themselves
14) defence closing speech
15) judges summing up
16) jury bailiffs sworn and jury retires
16) verdict
jury selection and swearing in
12 jurors are chosen from 16 people at random
clerk tells D they have the right to object to any juror
each juror is sworn in and takes the jury oath or affirmation
what is in a prosecution opening speech in the CC? what is not included?
Included =
- states facts and issues in the case
- what areas of disputes are
- why the prosecution says D is guilty
- states the counts D faces
NOT INCLUDED = detailed consideration of the law, emotive language, evidence will be challenged in a legal argument with D, etc.
prosecution presenting evidence - CC
PROSECUTION WITNESSES =
D would have told what PW it wants to question in PTPH form – P calls these PW, does evidence in chief, then D cross-examines them
But if D does not have disputes with a PW witness statement, no need to bring W to give live evidence so P will read the PW witness statements - D and P must both agree to this
Before P reads PW witness statements, judge will explain to the jury that this is allowed
D’S INTERVIEW WITH POLICE =
- If D answered questions during interview = D’s ‘record of taped interview’ (ROTI) is produced in an edited form containing the salient questions and answers. The jury will get a copy of the ROTI and P will also read the interview out in court.
- If D made no comment interview = rather than presenting ROTI, P will present agreed written admissions stating what D was asked about and that D replied ‘no comment’ to all questions put. This will allow the jury to consider whether it would be proper to draw an inference from D’s silence.
submission of no case to answer - CC
- half-time submission after P concludes its case
- judge may direct the jury to acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict
- test = P evidence taken at its highest is not enough for any reasonable court to properly convict
- PROSECUTION HAS THE EVIDENTIAL BURDEN
D’s right to give evidence and adverse inferences - CC
After P submits its case, judge asks D’s lawyer in front of the jury if D is going to give live evidence
- if yes = case proceeds
- if no = judge will ask lawyer if they advised D that jury can draw adverse inferences from D’s failure to give live evidence – if lawyer says yes then case will proceed
==> There is NO OBLIGATION on D to give evidence - but failure can result in adverse inferences being drawn
lawyer should advise D of this and tell D to record his refusal in writing
legal discussions before closing speeches - CC
- after D case is closed, jury will be sent out to allow judge, P, and D to consider the matters of law which should be raised during the judge’s summing up
- This allows submissions to be made on all the legal matters that have arisen in the course of the trial and which will form part of the judge’s directions on law to the jury
- also makes sure appeal is less likely
judge’s summing up - CC
- judge sums up case to jury after closing speeches
- deals with legal directions and summarises P and D’s cases
- directs jury of different roles of judge and jury
- foreman = judge tells jury to appoint a foreman to deliver verdict later
- unanimity = judge tells jury the only verdict the judge can accept is a unanimous verdict, otherwise jury will be called back for further directions
- jury is allowed to ask questions of judge when retired to decide on verdict via passing notes to bailiff
does the jury verdict have to be unanimous?
unanimity is required, BUT -
- if jury deliberated for at lest 2 hours = majority verdict
- A majority verdict should not be accepted unless it appears to the court that the jury have had such period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case
- what is reasonable depends on each case
