General Principles, Police Powers and Procedures - Court Procedures and Witnesses

Question 1

Plea of Guilty by Post

Answer 1

• proceedings for summary offences started by way of summons/ requisition in magistrates court/ youth court (aged 16/17)
• opportunity to plead guilty / put forward any mitigation
• most commonly used for driving offences

Question 2

Pre-Trial Hearings

Answer 2

Guilty plea anticipated - ‘Early First Hearing’
Not guilty plea anticipated - ‘Early Administrative Hearing’

Question 3

Summary Trial

Answer 3

• Magistrates Court
• At least two law justices/ a single district / deputy district judge
• if guilty plea, prosecution give statement of facts and introduce relevant pre-cons, the defence then put any mitigation before sentence
• if not guilty plea, prosecutor summarises prosecution case, defence identify any issues

Question 4

Trial on Indictment

Answer 4

• crown court before the judge of the High Court, circuit judge, a recorder or a qualifying judge advocate
• guilty plea must be entered personally by the accused, only requires accused criminal record details but if facts of the case are questioned, prosecution may be required to call evidence
• if not guilty plea, prosecution are required to satisfy the jury beyond reasonable doubt that the accused committed the offence, if insufficient, the accused is entitled to be acquitted by the judge following the defence’s submission of ‘no case to answer.’ Prosecution can then make representations.

Question 5

Defendant’s Non-Appearance at Court

Answer 5

If don’t attend, the court can:

• issue a warrant for their arrest
• appoint a later time when the accused has to appear
• proceed in the accused’s absence
• if appearance was by way of summons, the court must be satisfied that the summons was served in the prescribed manner before commencing
• under 18 the court may proceed in the absence but 18 or over the court shall proceed unless contrary to the interests of justice

Question 6

Attendance of Witnesses at Court

Answer 6

• prosecution/ defence can apply for a summons, warrant or order requiring a witness to attend court
• must consider whether there are any restrictions to a witness being called to provide a testimony (whether they are competent) and whether they may have been compelled or made to provide testimony
• law requires the evidence be given even if the witness would rather not do so

Question 7

Child Witnesses in Court

Answer 7

• can be sworn to give evidence under oath if they have attained the age of 14
• must understand the solemnity of a criminal trial and that they need to tell the truth
• must give an intelligible testimony (may be determined by expert evidence/ where able to understand and answer questions)

Question 8

What is a witness anonymity order?

Answer 8

• made by a court
• requires specified measures to be taken to ensure that the identity of the witness is not disclosed in or in connection with the proceedings

Question 9

What are the conditions that must be satisfied for a witness anonymity order?

Answer 9

• granted on application of the prosecutor/ defendant if the following three conditions are satisfied:

a) the order is necessary to protect the safety of the witness, or another person, or the prevention of serious damage to property or to prevent real harm to the public interest

b) having regard to all circumstances, the taking of these measures would be consistent with the defendant receiving a fair trial

c) it is in the interests of justice that the witness ought to testify and the witness would not testify without the order being made, and there would be real harm to the public interest if the witness were to testify without the proposed order being made

Question 10

Special Measures - Categories of Eligibility

Answer 10

• All witnesses under the age of 18 at the time of the hearing
• vulnerable witnesses who are affected by a mental disorder, impairment of intelligence and social functioning
• vulnerable witnesses who are affected by physical disability or disorder
• any witness (including police officers) to a relevant offence (homicide, firearm/ knife offences)
• adult victims of domestic violence who are vulnerable/ intimidated
• adult complaints of sexual offences, human trafficking offences, indecent photographs of children offences, slavery and trafficking offences, domestic abuse offences

Question 11

Examples of Special Measures

Answer 11

• screening the witness from seeing the defendant (s.23)
• allowing the witness to give evidence by live link, accompanied by a supporter (s.24)
• hearing a witness’s evidence in private in a sex offence case, a trafficking for exploitation case, or where there is a fear the witness may be intimidated (s.25)
• dispensing with the wearing of wigs and gowns (s.26)
• admitting video recording of evidence in chief (s.27)
• admitting video recording of cross-examination and re-examination (s.28)
• questioning a witness through an intermediary in the case of a young/ incapacitated witness (s.29)
• provisions of aids to communication for a young/ incapacitated witness (s.30)
• an investigation anonymity order/ a witness anonymity order

Question 12

Disclosure of Evidence in Court - R v Johnson

Answer 12

• exact location of premises used to carry out observations need not be revealed
• based on the protection of the owner or occupier of the premises and not on the identity of the observation post

Question 13

Disclosure of Evidence in Court - R v Brown

Answer 13

• surveillance operation was conducted from unmarked police car
• information relating to the surveillance and the colour, make and model of the vehicle should not be withheld from the court

Question 14

Can a spouse/ civil partner give evidence at court?

Answer 14

Yes except if they are jointly charged.

They are compellable to give evidence on behalf of the defendant/ defendant’s co accused.

The prosecution can only compel them to give evidence against the defendant where there is:
- an allegation of assault/ threat of injury against the spouse/ civil partner
- an allegation of assault/ threat of injury to someone under 16 at the time of the offence
- an alleged sexual offence against someone under 16 at the time
- attempting, conspiring, aiding and abetting all of the above

If they are divorced/ civil partnership comes to an end before they give evidence, they are compellable to give evidence as if they were never married or had been in a civil partnership.

Question 15

Failure to Comply with the Rules of Disclosure

Answer 15

• the court is under no obligation to adjourn the trial
• a failure to comply may mean the trial is stayed for abuse of process, however, this is not always the case
• if the trial does continue, the defence can convince the jury/ magistrates not to convict because evidence that might otherwise have been available was no before the court through no fault of the defendant

Question 16

Defence Statement

Answer 16

• duty on the defence to make disclosure only arises after the prosecution has made the initial disclosure
• the defence statement should set out any particular defences they intend to rely on, any particulars of the matters of facts they intend to rely on, any point of law (including any point as to whether the admissibility of evidence or an abuse of process) which the defendant wishes to raise and any authority they intend to rely on for that purpose.
• must also give notice of any witnesses other than the defendant who will be called to give evidence