Trial Procedure in Magistrates and Crown Courts Flashcards
(33 cards)
Broadly speaking, what are the 9 stages of a criminal trial?
- P’s opening speech
- P calls witnesses
- D makes an application of no case to answer (if applicable)
- D calls witnesses
- Judge sums up evidence (Crown Court only)
- Jury deliberate (Crown Court only)
- Bench/judge/jury (depending on court) deliver verdict
- If guilty, pre-sentence reports may be ordered
- Bench/judge passes sentence (Mag Court only)
What is a submission of no case to answer?
What happens if the submission is successful or it fails?
An application to cease the case because P has not presented enough evidence to amount to a prima facie case
Successful - Judge directs jury to acquit D
Fails - Case continues
Is a submission of no case to answer heard in front of the jury?
No - just the judge
When is examination-in-chief used?
To question a W by the party who called them to give evidence
Can leading questions be asked in examination in chief?
Generally no - only on matters which are introductory or not in dispute
Can examination in chief ask non-leading questions?
Yes
When is cross-examination used?
To question a W by a party other than the one who called the W (usually the opposing party)
Can leading questions be asked during cross-examination?
Yes
What is meant by competence of a witness?
The legal capacity of a person to be a witness, allowing them to give evidence in court
Generally, every person of sound _____ and sufficient ________ is competent as a witness
mind, understanding
W is not competent if it appears they’re not able to _______ questions put to them and give ______ to the court which can be understood
understand, answers
What is meant by compellability of a witness?
A witness who may lawfully be required to give evidence
In principle, every person who is _______ to be a witness is _________
competent, compellable
Can P compel D to give evidence in a criminal case?
No - but D can choose to testify, meaning they’re subject to cross-examination by P
Is a spouse/civil partner of a Defendant:
1. Competent
2. Compellable
for the Defence?
- Competent - Yes
- Compellable - Yes
Not compellable if spouse/CP is a co-defendant
Is a spouse/civil partner of a Defendant:
1. Competent
2. Compellable
for the Prosecution?
- Competent - Yes
- Compellable - No
Is a co-defendant:
1. Competent
2. Compellable
for the Prosecution?
- Competent - No
- Compellable - No
Is a co-defendant:
1. Competent
2. Compellable
for the Defence?
- Competent - Yes
- Compellable - No
What happens to a co-defendant who pleads guilty or when the case against them is dropped?
What is the consequence of this in terms of competence/compellability?
The co-defendant becomes an ordinary witness
Ordinary witnesses are competent and compellable for both the prosecution and the defence
When may D’s spouse/civil partner be compelled to testify for P (3 situations)?
- Offence involves assault, injury, threat of injury to them or a child under 16
- Sexual offence on a child under 16
- Attempting, conspiring, aiding, or abetting any of these 2 crimes
A spouse/CP will not be compellable or competent for their spouse as a D if they are _______ _______ ____ _
jointly charged with D
If a spouse/CP who has been jointly charged with D has their case dropped or pleads guilty, will they become compellable and competent again for D?
Yes
Give 5 examples of special measures that may assist a certain witnesses in giving evidence?
- Screen between W and D
- Testimony through video link
- Court officers removing their wigs and gowns
- Give evidence in private
- Pre-record testimony
Give 5 examples of witnesses who may be granted special measures
- Under 18
- Disabled Ws
- Fearful of giving evidence
- Allege sexual assault by D
- Knife/gun charges
