Trial in the Crown Court

Question 1

Judge’s preliminary instructions to the jury

Answer 1

The judge will tell the jury that the evidence upon which they must decide the case is the evidence that will be presented to them in court

Question 2

All witnesses the defence wish to question will have been included in the

Answer 2

PTPH form

Question 3

When would a submission of no case to answer be made?

Answer 3

At the end of the prosecution evidence

Question 4

Submission of no case to answer

Answer 4

At the end of the prosecution evidence, on the defendant’s application or on its own initiative, the judge may direct the jury to acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict, but must not do so unless the prosecutor has had an opportunity to make representations

Question 5

Submission of no case to answer can also be called a

Answer 5

‘half time’ submission or a Galbraith submission

Question 6

The test in Galbraith

Answer 6

the court may acquit on the ground that the prosecution evidence is insufficient for any reasonable court properly to convict

Question 7

should the defendant decide not to give evidence, it should be recorded in writing that

Answer 7

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

Question 8

the defence has the right to make an opening speech as long as

Answer 8

one or more defence witnesses, other than the defendant in person, will be called to give factual evidence

Question 9

When will the judge sum the case up to the jury?

Answer 9

After closing speeches have been delivered by the prosecution and defence

Question 10

two parts of summing up

Answer 10

the law and the facts

Question 11

Who delivers the jury’s verdict?

Answer 11

A foreman appointed by the jury

Question 12

The Juries Act (JA) 1974 permits a majority verdict to be given by a jury after they have deliberated for

Answer 12

at least 2 hours

Question 13

the minimum period for the jury to deliberate

Answer 13

2 hours 10 mins

Question 14

A majority verdict should not be accepted unless it appears to the court that the jury have had

Answer 14

such period of time for deliberation as the court thinks reasonable having regard to the nature and complexity of the case

Question 15

The jury does not hear an application of

Answer 15

no case to answer

Question 16

If there is no evidence against your client, the judge must

Answer 16

acquit

Question 17

A submission of no case to answer is always made after

Answer 17

all of the prosecution evidence has been heard

Question 18

Unless the Crown Court otherwise directs, the court officer must arrange for the court to hear the application or appeal

Answer 18

as soon as practicable and in any event no later than the business day after it was served