Trial Procedure in magistrates and Crown Court

Question 1

What is the burden of proof in a criminal trial?

Answer 1

The burden of proof stays with the prosecution throughout the criminal trial.

Question 2

What must the prosecution persuade the court of in a criminal trial?

Answer 2

The prosecution must persuade the court beyond a reasonable doubt of the defendant’s guilt.

Question 3

What is the normal order of events in a magistrates’ court trial?

Answer 3

• Opening speech from the CPS solicitor
• Prosecution witness evidence
• Possible submission of no case to answer
• Defence witness evidence
• Closing speeches
• Verdict by magistrates

Question 4

What does the opening speech by the prosecution aim to achieve?

Answer 4

It aims to set the scene and inform the magistrates of the factual details about the charge.

Question 5

What is the role of the first witness called by the prosecution?

Answer 5

The first witness is likely to be the complainant or victim of the alleged offence.

Question 6

What happens if a prosecution witness is not called to give evidence?

Answer 6

Their statements may be read out by the prosecutor.

Question 7

What is a voir dire?

Answer 7

A legal procedure to determine the admissibility of evidence.

Question 8

What does R v Galbraith [1981] establish regarding submissions of no case to answer?

Answer 8

• The prosecution has failed to provide evidence for an essential element of the offence
• The evidence is too unreliable for a reasonable tribunal to convict.

Question 9

What happens if the magistrates accept a submission of no case to answer?

Answer 9

The charge against the defendant will be dismissed.

Question 10

What is the significance of the defendant’s right to remain silent?

Answer 10

The defendant is a competent witness but is not compelled to give evidence.

Question 11

What is the effect of s 35 of the CPJOA 1994 on defendants who do not give evidence?

Answer 11

The court may draw adverse inferences from the defendant’s failure to explain evidence.

Question 12

What is the order of defence witnesses according to PACE 1984, s 79?

Answer 12

The defendant must give evidence first before any other defence witnesses.

Question 13

What is the purpose of the defence closing speech?

Answer 13

To summarize points from the defence’s perspective and highlight weaknesses in the prosecution’s case.

Question 14

Do magistrates need to reach a unanimous decision?

Answer 14

No, the magistrates may make their decision by majority.

Question 15

What is the procedure if the defendant is found guilty?

Answer 15

The magistrates will consider the sentence to be imposed.

Question 16

What is the difference in trial procedures between magistrates’ court and Crown Court?

Answer 16

In magistrates’ court, magistrates decide on matters of fact and law; in Crown Court, these functions are split between the judge and the jury.

Question 17

What does Rule 25.5 of the CrimPR state about changing a guilty plea?

Answer 17

The defendant must apply in writing as soon as practicable after becoming aware of grounds for changing the plea.

Question 18

What role does the jury play in the Crown Court?

Answer 18

The jury decides on matters of fact and the defendant’s guilt or innocence.

Question 19

What is Rule 25.5 of the CrimPR?

Answer 19

It sets out the procedure to be followed if a defendant who has pleaded guilty wants to change his plea to not guilty.

Question 20

What must a defendant do to change their plea from guilty to not guilty?

Answer 20

Apply, in writing, as soon as practicable after becoming aware of the grounds for making the application.

Question 21

What is the first step in the Crown Court trial process?

Answer 21

The jury will be sworn in.

Question 22

How many members are in a jury?

Answer 22

12 randomly selected members.

Question 23

What age range must jury members fall within?

Answer 23

Between 18 and 75.

Question 24

Who is ineligible from jury service?

Answer 24

• Persons suffering from mental illness
• Individuals with a criminal conviction or custodial sentence.

Question 25

What elements are included in the prosecutor's opening speech?

Answer 25

* The legal elements of the offence(s) on the indictment * An outline of the evidence the prosecutor intends to call * The standard of proof in a criminal case.

Question 26

What is the process for each prosecution witness during a trial?

Answer 26

* Examined in chief by the prosecution * Cross-examination by the defence * Re-examination by the prosecution, if necessary.

Question 27

What happens if there are issues with the admissibility of witness evidence?

Answer 27

A voir dire hearing is called without the jury present.

Question 28

What is a 'submission of no case to answer'?

Answer 28

A submission made to the judge in the absence of the jury.

Question 29

What is the Galbraith test?

Answer 29

The test applied when assessing a submission of no case to answer.

Question 30

What happens if a submission of no case to answer is successful?

Answer 30

The jury will be instructed to return a verdict of not guilty.

Question 31

Under what circumstances can a defendant change their plea to guilty?

Answer 31

If the submission of no case to answer is unsuccessful or if the defendant wishes to admit guilt.

Question 32

What is required if the defence intends to call an additional witness?

Answer 32

They are entitled to an opening speech.

Question 33

What happens when the defence case is concluded?

Answer 33

Both prosecution and defence advocates will deliver a closing speech to the jury.

Question 34

What must jurors consider when deciding their verdict?

Answer 34

Only the evidence they have heard throughout the trial.

Question 35

What is the requirement for a jury's verdict?

Answer 35

Must be unanimous, but a verdict of 11:1 or 10:2 is accepted after 2 hours and 10 minutes.

Question 36

What occurs if the jury cannot reach a majority verdict?

Answer 36

The judge will discharge the jury and a retrial may be requested.

Question 37

What is courtroom etiquette when addressing a judge in the Crown Court?

Answer 37

Address the judge as 'Your Honour'.

Question 38

What should advocates do when addressing the court?

Answer 38

They must stand up.

Question 39

What is an examination-in-chief?

Answer 39

Allows a witness to 'tell their story' without leading questions.

Question 40

What type of questions should be avoided during an examination-in-chief?

Answer 40

Leading questions.

Question 41

What are the three main purposes of cross-examination?

Answer 41

* Put the party's case to the witness * Undermine the credibility of the witness * Obtain favorable evidence.

Question 42

What is the rule regarding who is competent to give evidence at a criminal trial?

Answer 42

All persons are competent to give evidence.

Question 43

What does the Youth Justice and Criminal Evidence Act (YJCEA) 1999, s 53 state about witnesses?

Answer 43

All persons are competent to give evidence at all stages of criminal proceedings.

Question 44

What is one exception to the general rule of competence for witnesses?

Answer 44

If the court determines a person cannot understand questions or give understandable answers.

Question 45

What is the status of an accused in their own trial?

Answer 45

An accused is not a competent witness for the Crown.

Question 46

What may happen to a co-accused in a separate trial?

Answer 46

They may be called as a witness at the second trial.

Question 47

What is the implication of a formal acquittal for an accused?

Answer 47

They may be called as a witness to give evidence against a former co-accused.

Question 48

What is the compellability status of a spouse of the accused?

Answer 48

Compellable only for the Crown.

Question 49

What is the status of a co-accused as a witness?

Answer 49

A co-accused is competent but not compellable.

Question 50

Can a defendant give evidence in their own defence?

Answer 50

A defendant is competent to give evidence in their own defence but never compellable.

Question 51

What inference may be drawn if an accused chooses not to testify?

Answer 51

Adverse inference may still be drawn where an accused chooses not to testify.

Question 52

In what cases is the spouse of an accused compellable for the Crown?

Answer 52

The spouse is compellable for specified offences involving: * Assault or injury to the spouse or a person under 16 * Sexual offences or attempted offences involving a person under 16

Question 53

What categories of witnesses can apply for special measures under YJCEA 1999?

Answer 53

Categories include: * Children aged under 18 * Those with mental or psychological disorders * Those affected by fear or distress * Complainants in sexual offences * Witnesses in specified gun and knife crimes

Question 54

What happens if a victim of a sexual offence does not want special measures?

Answer 54

Victims will automatically be considered eligible for special measures unless they express otherwise.

Question 55

What can a fearful witness request according to CJA 2003 s 116(2)(e)?

Answer 55

A witness may have their written statement read out to the court instead of attending in person.

Question 56

What is the purpose of special measures in court?

Answer 56

To assist witnesses who may have difficulty giving evidence or are reluctant to do so.

Question 57

What types of special measures may be used in court?

Answer 57

Types of special measures include: * Screens to block the defendant's view * Live television links for evidence * Private evidence sessions * Video recordings of witness examinations * Use of intermediaries and communication aids

Question 58

What is the judge's obligation when special measures are used?

Answer 58

The judge must warn the jury that the use of special measures should not prejudice them against the defendant.

Question 59

What is the duty of a defence solicitor regarding their client?

Answer 59

To act in their client's best interests and ensure the prosecution proves the case.

Question 60

Can a defence solicitor mislead the court?

Answer 60

No, they cannot say anything untrue in their client's defence.

Question 61

What duty of confidentiality does a defence solicitor owe to their client?

Answer 61

The solicitor must not disclose the reason for ceasing to act for the client, stating only 'professional reasons'.

Question 62

What should a defence solicitor do to prepare a client for trial?

Answer 62

Inform the client about trial procedures and provide a witness statement to refresh their memory.

Question 63

What is prohibited regarding coaching witnesses?

Answer 63

Solicitors must not coach clients or witnesses on how to give evidence.

Question 64

What does this chapter summarize regarding trials?

Answer 64

It covers: * Burden and standard of proof * Order of events in criminal trials * Basic advocacy skills * Competence and compellability of witnesses * Special measures for vulnerable witnesses * Solicitor’s duty to the court