Topic 14 - Trial in the Crown Court

Question 1

What percentage of defendants plead guilty in the Crown Court?

Answer 1

Approximately 60%

In magistrates’ courts, around 90% of defendants plead guilty.

Question 2

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

Answer 2

Indictable offences, which include:
* Either-way offences
* Indictable only offences

Indictable only offences include serious crimes such as murder and robbery.

Question 3

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

Answer 3

The judge acts as the arbiter of the law and:
* Makes rulings on admissibility of evidence
* Directs the jury on legal matters
* Can direct a jury to find a defendant not guilty

The judge cannot direct a jury to find a defendant guilty.

Question 4

How many jurors are required to start a Crown Court trial?

Answer 4

Twelve jurors

A jury panel of about 16 people is called to select the jurors.

Question 5

What is a voir dire?

Answer 5

A procedure for the judge to resolve a factual dispute relevant to a legal argument, conducted in the absence of the jury

It is often initiated when a legal representative raises a matter of law.

Question 6

What is the significance of the submission of no case to answer?

Answer 6

It allows the judge to direct the jury to acquit if the prosecution evidence is insufficient for conviction

This submission is often made at the conclusion of the prosecution’s case.

Question 7

What happens if a defendant chooses not to give evidence?

Answer 7

The jury may draw adverse inferences from the defendant’s silence

This is according to section 35 of the Criminal Justice and Public Order Act 1994.

Question 8

What must the judge explain to the jury at the beginning of a trial?

Answer 8

The jury must only consider evidence presented in court and must not discuss it with outsiders

The judge clarifies that legal matters are for the judge alone to decide.

Question 9

What is included in the prosecution opening speech?

Answer 9

Focus on the facts and issues of the case, including:
* What the case is about
* Areas of dispute
* Charges against the defendant

The prosecutor should avoid emotive language.

Question 10

What occurs during the defence opening speech?

Answer 10

The defence may clarify the issues in the case, but it is rarely used unless other defence witnesses are called

The defence has the right to make an opening speech after the prosecution case.

Question 11

What does the judge’s summing up consist of?

Answer 11

It includes:
* Legal directions
* Summary of prosecution and defence cases

The judge must ensure the jury understands their different roles as arbiters of law and fact.

Question 12

What is required for the jury’s verdict to be accepted?

Answer 12

A unanimous verdict

Majority verdicts are not accepted unless the judge instructs otherwise.

Question 13

What is the role of the jury foreman?

Answer 13

To deliver the jury’s verdict

The foreman can be of any gender.

Question 14

What must the jury bailiffs do when they are sworn in?

Answer 14

Keep the jury in a private place and prevent outside communication

They may only ask the jury if they have reached a verdict.

Question 15

What does the judge explain regarding the burden and standard of proof?

Answer 15

The jury must understand the burden of proof lies with the prosecution to prove the defendant’s guilt

This is a critical component of the judge’s summing up.

Question 16

What type of verdict can the judge accept from the jury?

Answer 16

A unanimous verdict

A unanimous verdict is one where all jurors agree on the decision.

Question 17

What happens if a majority verdict can be accepted?

Answer 17

The judge will call the jury back into court and give them a further direction.

Question 18

What is the role of jury bailiffs?

Answer 18

To keep the jury ‘in some private and convenient place’ and ensure no one speaks to them without court permission.

Question 19

How long must a jury deliberate before a majority verdict can be given according to the Juries Act 1974?

Answer 19

At least 2 hours, although practice typically extends this to 2 hours and 10 minutes.

Question 20

What must the court consider before accepting a majority verdict?

Answer 20

Whether the jury have had a reasonable period of time for deliberation based on the case’s nature and complexity.

Question 21

What is a guilty verdict’s immediate consequence for a defendant?

Answer 21

They will either be sentenced immediately or the case will be adjourned for sentencing.

Question 22

What happens when a defendant is acquitted?

Answer 22

The defendant is entitled to be discharged and is free to leave.

Question 23

What are the steps in Crown Court trial procedure?

Answer 23

• Legal arguments
• Jury selection and swearing in
• Judge’s preliminary instructions
• Prosecution opening speech
• Defence identify matters in issue
• Prosecution evidence
• Conclusion of the prosecution case
• Submission of no case to answer
• Right to give evidence & adverse inferences
• Defence opening speech
• Defence evidence
• Legal discussions
• Prosecution closing speech
• Defence closing speech
• Judge’s summing up
• Jury bailiffs sworn & jury retire
• Potential further directions during retirement
• Verdict

Question 24

What is a submission of no case to answer?

Answer 24

A request for the judge to direct the jury to acquit due to insufficient evidence for conviction.

Question 25

What must happen before the judge can make a submission of no case to answer?

Answer 25

The prosecutor must have the opportunity to make representations.

Question 26

What is the role of the prosecution opening speech?

Answer 26

To outline the facts and issues in the case and explain why the defendant is guilty.

Question 27

What should the prosecutor avoid during the opening speech?

Answer 27

Using overly emotive language and detailed legal discussions.

Question 28

What can the defence do to clarify issues for the jury?

Answer 28

Confirm or clarify what matters are in dispute.

Question 29

What is the procedure when presenting prosecution evidence?

Answer 29

* Calling witnesses * Reading witness statements * Providing written admissions

Question 30

What happens if the defence has no dispute with a prosecution witness's statement?

Answer 30

The prosecution can read the statement under s.9 Criminal Justice Act 1967.

Question 31

What are written admissions?

Answer 31

Agreed facts presented to the jury as evidence under s.10 Criminal Justice Act 1967.

Question 32

What happens when a witness is unavailable to testify?

Answer 32

The prosecution can apply to read the witness's statement under hearsay provisions.

Question 33

What is the purpose of reading a witness statement to the jury?

Answer 33

To present agreed evidence when witnesses are not called to testify.

Question 34

How is the defendant's record of taped interview (ROTI) presented?

Answer 34

In an edited form with salient questions and answers.

Question 35

What is the final part of the prosecution case?

Answer 35

Presenting the interviews.

Question 36

What does the prosecutor say to conclude the prosecution case?

Answer 36

'Members of the jury, that is the case for the prosecution.'

Question 37

What is a submission of no case to answer commonly referred to as?

Answer 37

'half time' submission ## Footnote This term is used due to the stage in the trial at which it is made.

Question 38

Who hears the submission of no case to answer?

Answer 38

The judge in the absence of the jury.

Question 39

What does the judge do if they agree there is no case to answer?

Answer 39

Directs the jury to return a verdict of not guilty on the specific count.

Question 40

What must the judge ask the defendant's legal representative after the prosecution closes its case?

Answer 40

If the defendant is going to give evidence.

Question 41

What can the jury do if the defendant does not give evidence?

Answer 41

Draw adverse inferences.

Question 42

What is required if the defendant is not legally represented?

Answer 42

The judge will inform the defendant of their rights to give evidence.

Question 43

What must be recorded if a defendant chooses not to give evidence?

Answer 43

That the defendant has received advice and has decided freely not to testify.

Question 44

When does the defence case start?

Answer 44

After the prosecution case has ended or following a rejected submission of no case to answer.

Question 45

Under what condition can the defence make an opening speech?

Answer 45

If one or more defence witnesses will be called to give factual evidence.

Question 46

Who cross-examines the defendant first in a multi-defendant case?

Answer 46

The co-defendant's legal representative.

Question 47

What is the standard of proof required for the prosecution to find a defendant guilty?

Answer 47

Beyond reasonable doubt.

Question 48

What is the purpose of the judge's summing up?

Answer 48

To provide legal directions and summarize the prosecution and defence cases.

Question 49

What does the jury need to consider if there are multiple counts in an indictment?

Answer 49

Each count separately.

Question 50

What is the burden of proof regarding self-defence?

Answer 50

The prosecution must prove beyond reasonable doubt that the defendant was not acting in self-defence.

Question 51

What is a written ‘route to verdict’?

Answer 51

A series of questions for the jury to answer leading them to the correct verdict.

Question 52

What is required if the judge decides to give a split summing-up?

Answer 52

Principal legal directions are given before the closing speeches.

Question 53

What should the judge inform the jury regarding the evidence presented?

Answer 53

They should feel free to ignore any evidence they do not consider important.

Question 54

What must the jury be informed about verdicts before they retire?

Answer 54

The only verdict the judge can accept is a unanimous verdict.

Question 55

What do jury bailiffs do?

Answer 55

Keep the jury in a private place and ensure no one speaks to them without court permission.

Question 56

What is the role of the jury bailiffs?

Answer 56

To keep the jury in a private place and prevent communication without court permission ## Footnote Jury bailiffs are court ushers who take an oath to ensure the jury's privacy.

Question 57

What happens if the jury does not reach a verdict by the end of the working day?

Answer 57

They are brought back into court and sent home for the night.

Question 58

How can the jury ask questions during their deliberation?

Answer 58

By giving a note to the jury bailiff who will pass it to the judge.

Question 59

What is a majority direction?

Answer 59

A direction informing the jury that a majority verdict is acceptable after sufficient deliberation.

Question 60

According to the Juries Act 1974, section 17, what is the minimum deliberation time for a majority verdict?

Answer 60

2 hours and 10 minutes.

Question 61

What is the composition of a majority verdict with 12 jurors?

Answer 61

10-2 or 11-1.

Question 62

What should the jury do if they wish to convict of a lesser offence?

Answer 62

They can convict of an alternative offence included in the more serious count.

Question 63

What is the significance of the Criminal Law Act 1967, section 6(3)?

Answer 63

It allows the jury to convict of a lesser alternative offence included in a more serious count.

Question 64

What happens when a jury cannot reach a verdict?

Answer 64

They are considered a hung jury and are discharged from further consideration of the case.

Question 65

What is meant by a 'no case to answer' application?

Answer 65

A request by the defense claiming the prosecution's evidence is insufficient for conviction.

Question 66

Who typically gives evidence first in the defense case?

Answer 66

The defendant themselves, although they are not required to do so.

Question 67

What are the general rules about witness competence?

Answer 67

Any person can give evidence if they understand questions and can provide understandable answers.

Question 68

What is compellability in the context of witnesses?

Answer 68

The ability to compel a witness to attend court through a summons.

Question 69

Can a defendant be compelled to give evidence at their own trial?

Answer 69

No, a defendant cannot be compelled to testify.

Question 70

What is the outcome if a jury acquits a defendant?

Answer 70

The defendant is discharged and free to leave.

Question 71

What are specified offences in relation to spousal testimony?

Answer 71

Offences against the spouse or sexual allegations involving a child under 16.

Question 72

What must happen after a guilty verdict is returned?

Answer 72

The defendant will either be sentenced immediately or the case will be adjourned for sentencing.

Question 73

Fill in the blank: A jury that cannot agree on a verdict is known as a _______.

Answer 73

hung jury.

Question 74

What is the standard burden of proof in a trial?

Answer 74

It rests with the prosecution.

Question 75

When can a jury convict of a lesser offence?

Answer 75

When the lesser offence is included in the more serious count on the indictment.

Question 76

What does the prosecution do at the beginning of a trial?

Answer 76

They open the case and outline the evidence they will present.

Question 77

What is the purpose of closing speeches in a trial?

Answer 77

To summarize the strengths of each party's case based on the evidence presented.

Question 78

What can a verdict in a criminal case potentially include?

Answer 78

Finding the defendant not guilty of the offence charged but guilty of an alternative offence ## Footnote This may occur when there are alternative counts on the indictment.

Question 79

What happens once a guilty verdict has been returned?

Answer 79

The defendant will have to be sentenced ## Footnote In some cases, the matter may be adjourned to allow for sentence.

Question 80

Can a magistrate sentence a defendant on the same day as a guilty verdict?

Answer 80

Yes ## Footnote This is possible in magistrates' courts.

Question 81

Who has the role in determining the sentence after a guilty verdict in the Crown Court?

Answer 81

The judge ## Footnote The jury has no further role to play after the verdict.

Question 82

True or False: In the Crown Court, a jury can decide on the sentence after a guilty verdict.

Answer 82

False ## Footnote The sentencing is entirely a matter for the judge.