Trial - Summary Trial - Defence

Question 1

When can a ‘no case to answer’ submission be made in summary trial?

Answer 1

At the close of the prosec case

Question 2

What must the court do before granting a no case submission?

Answer 2

Give the prosecutor the opportunity to respond to the application.

Question 3

What is legal test for ‘no case to answer’?

Answer 3

From R v Galbraith - the court must assess if a reasonable court properly directed could convict on the evidence taken at its highest.

Question 4

When should a court reject a no case submission?

Answer 4

If the prosec case depends on credibility of witness or factual matters within the province of the tribunal of fact

Question 5

What are methods of presenting defence evidence?

Answer 5

• Live witness
• Witness statements (by agreement or hearsay)
• Written admission

Question 6

Can defence witnesses be present before giving evidence?

Answer 6

No - except for the D and expert witnesses, all other defence witnesses must remain outside until called.

Question 7

In multi-D cases, how is defence evidence structured?

Answer 7

Each Ds case is heard in turn - D1 gives evidence and calls witnesses, then D2 and so on.

Question 8

Is the defence always entitled to make a closing speech?

Answer 8

Yes - Defence has unconditional right to a closing speech

Question 9

What happens once mags retire to consider their verdict?

Answer 9

They deliberate privately, and may request legal advice only through open court

Question 10

Can mags convict of a lesser offence not charged?

Answer 10

Only where specific legislation allows it - eg Road Traffic Offenders, Theft Act

Question 11

What happens to alternative charges if D is convicted on the more serious charge?

Answer 11

The lesser charge is adjourned generally, and can be revived if the convictions is overturned on appeal