Trial - Summary Trial - Prosecution Flashcards
When should legal arguments ideally be dealt with in a summary trial?
Before the prosec opens its case, especially if the legal issue could impact what evidence may be referred to.
When is a pre-trial ruling binding until?
Until the case concludes - but it may be varied or discharged if in the interests of justice, and a material change of circumstances occurs.
When must Mags determine a s.76 PACE objection to a confession?
At the time it is raised. The court must resolve the admissibility question before continuing, and may need to hear evidence
What must Prosec cover in the opening speech?
- Relevant law
- the facts
- the likely issues in dispute
Is there a requirement for a defence statement in the Mags?
No - unlike the Crown
Can the Court ask the defence to identify issues in dispute?
Yes, to help court understand what is at issue
What forms can prosecution evidence take?
- Calling witnesses
- Reading witness statements
- Written admissions
- Reading the interview record
When must a witness be called to give live evidence?
If the defence disputes any part of the witnesses statement and intends to cross examine
What happens if the Defence requests a witness and prosec no longer want to rely on them?
The prosec must still tender the witness - i.e. call them to give evidence without asking questions in chief.
What is the exception to the obligation to tender a witness?
If, before trial, the prosec decides the witness is not capable of belief, they may abandon that witness
When can a statement be read instead of calling the witness?
If defence agrees, and the statement is not in dispute. eg. statements from medical professionals, police officers at scene, CCTV operators/staff who had nothing beyond the video
Can witness statements be edited before being read?
Yes - with agreement from the defence, irrelevant or prejudicial content can be removed
What if a witness is unavailable to testify in person?
The prosec may apply to read the statement under the hearsay provisions
What are written admissions?
Agreed facts between the prosec and defence, written down and presented to the court instead of witness statements.
Why are written admissions useful?
They make trials more efficient by avoiding repetitive and non-contentious evidence
How is a police interview usually presented at trial?
As a written record of taped interview (ROTI), usually read aloud by the prosec
How does the prosecution indicate its case is complete?
By saying: ‘that is the case for the prosecution’ or similar
