Trial in the CC

Question 1

What is the procedure for trial in the CC?

Answer 1

1. Legal arguments
2. Jury sworn and swearing in jury
3. Judge’s prelim instructions to jury
4. P opening speech
5. D identifies matters in issue
6. P evidence
7. Conc of P case
8. Submissions of no case to answer
9. Right to give evidence and adverse inferences explained to D
10. D opening speech
11. D evidence
12. Legal discussions
13. Closing speeches
14. Judge sums up
15. Jury bailiffs sworn and jury retire
16. Verdict

Question 2

Where do legal arguments take place?

Answer 2

Legal arguments either take place in pre-trial hearings or during trial.

Question 3

How many jurors are required?

Answer 3

12 jurors are required, picked from a panel of 16.

Question 4

What right does the defendant have regarding jurors?

Answer 4

The defendant has the right to object to any juror.

Question 5

What are the judge’s preliminary instructions to the jury?

Answer 5

Jurors can only use evidence presented in court and are not to decide on matters of law.

Question 6

What is the focus of the prosecution’s opening speech?

Answer 6

The prosecution’s opening speech focuses on the facts and issues in the case, what the case is about, the areas of dispute, and why the prosecution believes the defendant is guilty.

Question 7

What does the prosecutor tell the jury in the opening speech?

Answer 7

The prosecutor tells the jury what counts the defendant faces.

Question 8

What happens when the defence identifies matters in issue?

Answer 8

Optional - The defence can identify matters in issue and may be invited by the judge to confirm or clarify these if they intend to call at least one witness.

Question 9

What happens during prosecution evidence?

Answer 9

1. The prosecution calls witnesses and takes them through evidence in chief
2. Cross-examination by the defence.

Question 10

What occurs if there is no disagreement over witness evidence?

Answer 10

If there is no disagreement, then written evidence will be presented.

Question 11

How is the accused’s interview brought as evidence at trial?

Answer 11

Brought by the prosecution - interview answers are read out, or the questions are read out and it is stated that D answered no comment

Question 12

What is a submission of no case to answer?

Answer 12

The judge may direct the jury to acquit if the prosecution evidence is insufficient, but only after the prosecutor has had an opportunity to make representations.

Question 13

What is the defendant’s right regarding giving evidence?

Answer 13

There is no obligation on the defendant to give evidence, but failure to do so can result in adverse inferences being drawn.

Question 14

When can the defence make an opening speech?

Answer 14

The defence can make an opening speech if one or more defence witnesses, other than the defendant in person, will be called to give factual evidence.

Question 15

What happens if the defendant chooses to give evidence?

Answer 15

If represented, the defence advocate will call the defendant and take them through evidence in chief, followed by cross-examination and re-examination

same for any other witnesses

Question 16

What occurs during legal discussions?

Answer 16

Jurors are sent out so the judge, prosecution, and defence can consider matters of law which should be raised during summing up.

Submissions can be made at this point

Question 17

Is P entitled to make a closing speech?

Answer 17

No. The prosecution can only make a closing speech if the defendant is legally represented or has called at least one defence witness to give factual evidence (other than D). Otherwise, allowed if court permits.

The prosecution closing speech is always first.

Question 18

Is the defence entitled to make a closing speech?

Answer 18

Yes - always

Question 19

What is included in the judge’s summing up?

Answer 19

Two parts:
1. Law - legal directions
2. Facts - P and D cases

Question 20

What does the judge direct the jury regarding verdicts in the summing up?

Answer 20

• that jury and judges have different functions
• The judge directs the jury to appoint a foreman
• Only unanimous verdicts can be delivered, with further directions for majority verdicts.

Question 21

When can a majority direction be given?

Answer 21

A majority direction can only be given once the jury have deliberated for at least 2 hours (IRL 2 hrs 10)

The majority verdict should not be accepted unless it appears to the court that the jury have had such a period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case.

Question 22

What is the verdict process?

Answer 22

The foreman gives the verdict of the jury, and in certain circumstances, the jury can convict of a lesser offence.

Question 23

What happens after a guilty verdict?

Answer 23

The defendant is either sentenced immediately or the court adjourns for sentencing at a later date.

Question 24

What happens after a not guilty verdict?

Answer 24

The defendant is free to leave.

Question 25

What is the role of the judge?

Answer 25

The judge is the arbiter of the law.

Question 26

What can the judge do?

Answer 26

- The judge makes rulings about the admissibility of evidence (in the absence of the jury). - The judge directs the jury about matters of law (what has to be proved, by who) - Can direct the jury to find a defendant not guilty (e.g after a successful submission for no case to answer)

Question 27

Can the judge direct a jury to find a defendant guilty?

Answer 27

No, the judge cannot direct a jury to find a defendant guilty.

Question 28

Can the judge direct a jury to find a defendant not guilty?

Answer 28

Yes, the judge can direct a jury to find a defendant not guilty following a successful submission of no case to answer.

Question 29

What is the role of the jury?

Answer 29

The jury is the sole decider/arbiter of facts.

Question 30

What does the jury decide?

Answer 30

The jury decides whether the defendant is guilty.

Question 31

What must the jury do regarding the judge's directions?

Answer 31

The jury must accept and apply the judge’s directions about the law.

Question 32

On what basis must the jury reach its decision?

Answer 32

The jury must reach its decision only based on the evidence it hears in court.

Question 33

What will the jury determine about the evidence?

Answer 33

The jury will determine whether, and to what extent, the evidence is to be believed.

Question 34

Who draws the inferences from D's silence?

Answer 34

The jury.