Unit 14: Trial in the Crown Court Flashcards
Generally, should an accused be present throughout their trial?
Yes.
Must the accused be present at the commencement of a trial to plead?
Yes.
Can a court proceed in the absence of the accused?
Only if satisfied that the accused has waived their right to attend + trial will still be fair.
List the exceptions to requiring D’s presence at trial, enumerated in Lee Kun [1916] / Hayward [2001]
As a result of D’s misbehaviour;
Voluntary absence;
Withdraws instructions from legal representatives;
Too ill to attend;
D’s death.
If D is absent from the trial, MUST the judge continue?
No - they have a discretion.
It is rare to proceed.
When does a judge warn D about the risk of a trial continuing in their absence?
PTPH
What factors must a judge consider when exercising the discretion to continue in D’s absence?
Nature of D’s behaviour in being absent;
Would an adjournment result in the attending, whether by arrest or by volunteering;
Length of adjournment;
WHether D wishes to be legally represented, absent or not (desirable for them to be represented);
Can legal reps present defence?
Disadvantage to D if unable to give account of events;
Risk of jury reaching improper conclusion;
Seriousness of offence (although Lord Bingham opposed this in Jones)
Public interest in trial occurring in reasonable time
Effect of delay on witnesses
Undesirability of separate trials (where multiple accused and not all absconded)
If D does not attend, must the judge warn the jury that absence is an admission of guilt?
No - he must warn that absence is NOT an admission of guilt.
Can D be in contempt of court for being disruptive during trial?
Yes.
When should D be handcuffed in the dock?
Only if there is a real risk of violence, escape or no alternative to visible restraint.
What happens if D refuses to be brought into court from the cells?
The judge is entitled to proceed where the right to be present has been unequivocally waived.
can sentene be passed in D’s absence?
Yes.
What must a judge consider when D absents himself during trial?
Was it deliberate?
Are there reasonable steps to secure his attendance?
Can a trial proceed in the absence of an accused who has not been arraigned?
Yes, but it must be satisfied that they have waived their right to be arraigned.
If D is absent due to involuntary reasons, may the court continue?
Only if they consent, or the case can be fully presented without unfairness.
If D voluntarily ingests drugs and is therefore unable to attend trial, may the judge proceed?
It is likely that this would be treated differently from standard rules of involuntary absence.
How much help must the court given an unrepresented defendant?
As much as may seem appropriate.
If Dis entitled to public funding and dimisses their counsel during the trial, what may the judge do?
Grant an adjournment to acquire representation, but no requirement to do so.
What happens if the court fails to tell D, at the end of P’s case, of his right to give evidence / call witnesses / stay silent?
Any conviction may be quashed on this basis.
If D cannot XX a particualr witness, what may be done?
A representative may be appointed to conduct XX.
Once an indictment has been preferred, the accused must be tried unless:
The indictment is defective;
A plea in bar applies;
AG enters a ‘nolle prosequi’
Indictment does not disclose an offecne which the court has jurisdiction to try
Abuse of process to continue
What is the usual effect of staying proceedings for abuse of process?
The case against the accused is stopped permanently, subject to extremely exceptional circumstances.
Lord Dyson in Warren v AG for Jersey [2011] identified two cases where the court has power to stay for abuse of process:
Where impossible to give D a fair trial;
Where it would be unfair for D to be tried / offends the court’s sense of justice to try the accused in the circumstances. (protect integrity of CJS)
Cases where D cannot receive a fair trial concern
Trial process
