Trial: Crown Court Flashcards
How many are in a jury?
12
What judges sit in the crown court?
- circuit judges
- recorders
- high court judges
Who is the arbiter of law?
Judge
Who is the arbiter of fact?
Jury
What will a judge direct a jury on?
Matters of law
Finding not guilty
Can a judge direct a jury to find someone guilty?
No
When can legal arguments be heard?
Pre trial
Before/after jury sworn in
What are the common legal arguments dealt with prior to the commencement of a jury trial?
- Bad character applications
- Hearsay applications
- S76/s78 applications
- Abuse of process applications
Can a defendant object to a juror?
Yes
What will a prosecution opening speech address?
- What case is about
- Areas of dispute
- Why D is guilty
- What counts D faces
When can witness statements be read out rather than live evidence?
When not in dispute
What is a ROTI?
Record of Taped Interview produced in edited form, jury gets copy and read out.
What is read out when there was a no comment interview?
agreed written admissions stating what D was asked about and that D replied no comment
What is a submission of no case to answer?
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
Is a defendant obliged to give evidence?
No but can draw adverse inferences
