Trial: Crown Court Flashcards

1
Q

How many are in a jury?

A

12

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2
Q

What is the process for trials in the crown court?

A
  1. legal arguments
  2. jury selection
  3. P opening speech (and D?)
  4. P evidence
  5. No case to answer?
  6. D right to give evidence
  7. D opening spech (if one or more D witnesses)
  8. D evidence
  9. legal discussions
  10. Closing speeches
  11. Summing up
  12. Verdict
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3
Q

What judges sit in the crown court?

A
  • circuit judges
  • recorders
  • high court judges
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4
Q

Who is the arbiter of law?

A

Judge

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5
Q

Who is the arbiter of fact?

A

Jury

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6
Q

What will a judge direct a jury on?

A

Matters of law
Finding not guilty

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7
Q

Can a judge direct a jury to find someone guilty?

A

No

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8
Q

When can legal arguments be heard?

A

Pre trial
Before/after jury sworn in

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9
Q

What are the common legal arguments dealt with prior to the commencement of a jury trial?

A
  • Bad character applications
  • Hearsay applications
  • S76/s78 applications
  • Abuse of process applications
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10
Q

Can a defendant object to a juror?

A

Yes

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11
Q

What will a prosecution opening speech address?

A
  • What case is about
  • Areas of dispute
  • Why D is guilty
  • What counts D faces
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12
Q

When can witness statements be read out rather than live evidence?

A

When not in dispute

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13
Q

What is a ROTI?

A

Record of Taped Interview produced in edited form, jury gets copy and read out.

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14
Q

What is read out when there was a no comment interview?

A

agreed written admissions stating what D was asked about and that D replied no comment

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15
Q

What is a submission of no case to answer?

A

Judge directs jury to acquit on grounds that prosecution evidence is insufficient for any reasonable court to properly convict, but only if prosecution had opportunity to make representations

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16
Q

Is a defendant obliged to give evidence?

A

No but can draw adverse inferences

17
Q

What is required if Defendant is giving no evidence?

A

Confirmation of advice by legal representative