5.2 Jury trial - prosecution Flashcards
Which part of CrimPR deals with jury trials?
Part 25
When can be legal arguments heard in the Crown Court?
Before or after the jury is sworn.
This can require pre-trial hearings in complex cases or they can be dealt with during trial in the jury’s absence.
What are the advantages of hearing legal arguments pre-trial?
1.
Hearing legal arguments before the trial means the prosecution knows what it can include in its opening speech.
2.
A pre-trial ruling may lead to the whole trial being called off.
What is the effect of hearing arguments on admissibility later in the trial?
The prosecution cannot mention evidence until it knows whether it can adduce it.
What are the four most common legal arguments before trial?
1. Bad character 2. Hearsay 3. Excluding evidence 4. Abuse of process
What will the court do if there is a dispute as to the facts relating to admissibility of evidence?
Order the jury out and hold a voir dire.
What should the prosecution not do in its opening speech?
Use overly emotive language
Involve the jury in detailed questions of law
Refer to evidence that will be challenged
What should the prosecutor do in her opening speech?
Set out the counts D faces
Hand the jury a copy of the indictment
What happens after the prosecution opening speech and before the prosecution evidence?
CrimPR 25.9(2)(c)
Defence identifies matters in issue
How does defence identifying matters in issue help the judge in a jury trial?
It helps the judge to give relevant directions of law to the jury
In what order are different types of evidence presented?
- Witnesses - oral;
- Witnesses - written;
- Written admissions;
- ROTI.
Under what circumstances will the defence wish to question a prosecution witness?
When the defence disputes what the witness says
Must the prosecution call every witness that it has served a statement for?
The prosecution has discretion but in practice it will almost always call the witnesses so D can XX them.
El Dabbah v A-G for Palestine [1994] AC 156
The prosecution cannot misuse its discretion for “some oblique motive” i.e. to put D at a disadvantage.
What happens where D has no dispute with the evidence of P’s witness?
Section 9 CJA 1967 / CrimPR 25.12
Agreed witness statements can be read in court by the prosecution if D has “no objection”.
The judge will explain what is happening to the jury.
What if a prosecution witness is unavailable?
The prosecution can apply to read her statement as hearsay under ss. 114-116 CJA 2003
