Workshop 5: Identification Evidence

Question 1

When are trials necessary?

Answer 1

When a defendant pleads ‘not guilty’ and their guilt needs to be determined by the hearing of evidence

Question 2

What are trials in Crown Court also referred to as?

Answer 2

‘Trials on indictment’

Question 3

What types of offences can be tried in the Crown Court?

Answer 3

Indictable offences

Question 4

What two categories of offences can fall into the ‘indictable offences’ that are tried in the Crown Court?

Answer 4

1. Either way offences
2. Indictable offences

Question 5

What is often said about the ‘either way’ offences that are brought to the Crown Court to be tried?

Answer 5

• They’re more serious
• Where the magistrates courts have considered their setntencing powers in the event of conviction to be insufficient

Question 6

What are some examples of ‘indictable only’ offences?

Answer 6

• Murder
• Attempted murder
• Manslaughter
• Causing GBH with intent
• Robbery

Question 7

What is the name of the only court where ‘indictable only’ offences can be tried?

Answer 7

Crown Court

Question 8

TRUE OR FALSE

The court clerk in the Crown Court is the same as the authorised court officer in the magistrates court

Answer 8

False

Question 9

What duties does the Crown Court Clerk carry out?

Answer 9

Responsible for duties relating to
- Selecting and taking verdicts from the jury
- Arraigning defendants

• They are not legally qualified and do not give legal advice

Question 10

What are the names of the three types of judges seated in the Crown Court?

Answer 10

1. Circuit judges
2. Recorded
3. High Court Judges

Question 11

Who do trials in the Crown Court take place before?

Answer 11

A judge and a jury generally

Question 12

What is the role of the judge in the Crown Court?

Answer 12

• Arbiter of the law
• Makes ruling about admissibility of evidence in absence of jury
• Directs jury about matters of law
• Can direct a jury to find a defendant not guilty

Question 13

What is the role of the jury in the Crown Court?

Answer 13

• Decider/arbiter of facts
• Decides whether the defendant is guilty
• Must accept and apply the judge’s directions about law
• Must reach decisions based on evidence it hears in court
• Determines whether evidence is to be believed
• Decides whether to draw inferences from evidence/defendant’s silence

Question 14

Why do pre-trial hearings take place specifically before the trial with the judge takes place?

Answer 14

For the purpose of dealing with legal arguments

Question 15

When can legal arguments in the Crown Court be heard?

Answer 15

Before or after the jury are sworn

Question 16

When do legal arguments usually take place in practice?

Answer 16

On the first day or first few days of trial

Question 17

What are some common legal arguments that are dealt without before the commencement of jury trial in the Crown Court?

Answer 17

• Applications relating to bad character
• Hearsay applications
• Applications to exclude evidence under s.76 or 78 Police and Criminal Evidence Act 1984
• Abuse of process applications

Question 18

What is the jury selection and swearing in the jury process in England and Wales?

Answer 18

1. Jury panel of 16 go in
2. 12 are selected at random
3. Each juror called to panel and go into jury box
4. Defendant is told by Crown Court Clerk that they have right to object to any juror
5. Each juror takes jury oath or affirmation
6. Each juror is sworn

Question 19

What do the judge’s preliminary instruction to the jury cover?

Answer 19

The judge tells the jury that:

• The evidence that they must decide the case will be presented in court
• Jurors mustn’t discuss evidence with anyone who hasn’t heard the evidence that may have a view
• There are matters of law for the judge alone, so they will be asked to leave the court whilst they’re dealt with

Question 20

What does the prosecution opening speech cover?

Answer 20

• What the case is about
• What the areas of dispute are
• Why the prosecution says the defendant is guilty of the charged offence(s)
• Jury is told what counts the defendant faces

Question 21

What may the judge do if the jury do not understand the case following the prosecution opening speech?

Answer 21

Invite the defence to confirm or clarify precisely what is in dispute

Question 22

When might the defence want to question a prosecution witness?

Answer 22

If there is some disagreement with the contents of that witness statement?

Question 23

What are three steps taken when the prosecution seeks to question a witness’ defence?

Answer 23

The prosecution witness(es) that the defence seek to question will be called

The prosecutor will then take the witness(es) through to evidence in chief

Then the witness is cross examined by defendants legal representative

Question 24

How is prosecution evidence given when the defence has no dispute with their statement?

Answer 24

The prosecution reads the statements of the prosecution witnesses

Question 25

What will the prosecution do where the defendant has made a ‘no comment’ interview when reading out prosecution witnesses defence?

Answer 25

Present agreed written admissions stating what the defence was asked about and the ‘no comment’ responses

Question 26

How is the defendants ‘record of taped interview (ROTI)’ produced in the court for the jury and prosecution?

Answer 26

In an edited form containing salient questions and answers

Question 27

Can the jury draw an inference from the defendants silence using the agreed written admissions whether the defendant has made a ‘no comment’ interview?

Answer 27

Yes

Question 28

What may the judge do at the end of the prosecution evidence?

Answer 28

Direct the jury to acquit on the grounds that the prosecution evidence is insufficient for proper conviction of any reasonable court

Principles set out in R v Galbraith

Question 29

What is a ‘submission of no case to answer’?

Answer 29

Where the judge directs the jury to acquit on the grounds that the prosecution evidence is insufficient for proper conviction of any reasonable court

Question 30

What grounds may a ‘submission of no case to answer’ may the judge direct the jury?

Answer 30

• On the defendant’s application
• On its own initiative

Question 31

What ‘Part’ of the CPR can the procuded for Crown Court trail be found?

Answer 31

In part 25, steps 1-16

Question 32

What will the judge ask the defendant’s legal representative in the presence of the jury?

Answer 32

If the defendant is going to give evidence

Question 33

What will happen if the defendant’s legal representative advise the judge that the defendant will be giving evidence in the presence of the jury?

Answer 33

Case proceeds

Question 34

What may follow if the defendant fails to give evidence in defence of prosecution evidence, even after having been advised by their legal representative?

Answer 34

Can result in adverse inference being drawn

Question 35

Does the defence have the right to make an opening speech?

Answer 35

Yes

Question 36

What is the process of the evidence choosing to give evidence?

Answer 36

1. Defence advocate will call evidence and take them through evidence in chief
   2.. Defendant will be cross-examined by other defendants and prosecution
2. Other defence witnesses will be examined in chief, cross-examined and re-examined in same order as defendant

Question 37

What usually happens after the defendant’s defence case is closed?

Answer 37

The jury is sent out so the judge, prosecution and defence advocates can consider law matters to be raised in judge’s summing up

Question 38

How do the closing speeches before the judge’s ‘summing up’ go?

Answer 38

Prosecution first

Then defence is always entitled to do one after

Question 39

What conditions must be met for the prosecution to make a closing speech before the judge’s summing up?

Answer 39

The defendant must be legally represented, or another defence witness (different for defendant) is present

OR where the court otherwise permits

Question 40

What two main parts are covered during the judge’s ‘summing up’?

Answer 40

The judge deals with:

1. The necessary legal directions
2. Sums up prosecution and defence cases

Question 41

What happens between the judge’s summing up and the verdict?

Answer 41

The jury bailiffs swear/affirm to keep jury in ‘private and convenient place’, not allowing them to speak to themselves without leave of court

Question 42

What are ‘jury bailiffs’?

Answer 42

‘court ushers who become jury bailiffs once their take the jury bailiffs oath

Question 43

What can the jury do if they have questions for the judge?

Answer 43

Give a note to the jury bailiff to pass onto th judge

Question 44

Where does the jury go into when deliberating on their verdict following the ‘judge’s summing up’?

Answer 44

Retirement room

Question 45

When is a ‘majority verdict’ permitted?

Answer 45

When the jury have deliberated for at least 2 hours

Question 46

What circumsatnces must be in place for the majority verdit to be accepted?

Answer 46

The jury have had a reasonable period of time for deliberation, having regard to the nature and complexity of the case

Question 47

What happens in the verdict stage of the Crown Court trial procedure?

Answer 47

Jury bailiff informed when the jury have reached a verdict

If the majority verdict hasn’t been received, the CCC will ask for foreman what their verdict is, if one has been agreed by all

Question 48

What happens to a defendant who is found guilty following a guilty verdict?

Answer 48

They are sentenced immediately

or the case will be adjourned for a sentence to a later date, if reports are required for sentencing (e.g., psychiatric)

Question 49

What happens to a defendant who is found guilty following a not guilty verdict?

Answer 49

Defendant will be entitled to be discharged and free to leave